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HomeMy WebLinkAboutAgenda Packet 03.20.2018T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, March 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. 2 ANTHONY BONNA 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 312012018 8:34 AM Regular Meeting Tuesday, March 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, March 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, March 06, 2018 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming the month of March 2018 as "American Red Cross Month" in St. Lucie County, Florida. B. Resolution proclaiming April 7, 2018 as "Children's Day" and April 8, 2018 as "Parents' and Children's Day" in St. Lucie County, Florida. C. Resolution proclaiming the week of March 18-24, 2018 as "National Surveyors Week" in St. Lucie County, Florida. Add -On 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. St. Lucie Public Schools Graduation Update - E. Wayne Gent, SLC School Board Superintendent B. Purple Heart Parking Signs - Roy Brewer, Mike Kiper, Gregg Mann, United Veterans of St. Lucie County, Inc. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 22 & 23 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM 1. Budget Resolution - Board Acceptance of Florida Department of Transportation (FDOT) funds for the Treasure Coast International Airport Install Segmented Circle Runway 10L/28R Staff recommends Board approval of a budget resolution establishing the project funds for the Treasure Coast Install Segmented Circle Runway 10L/28R. 2. Appointment to the Historical Commission Staff recommends that the Board ratify Commissioner Bonna's appointment of Richard McAfoos to fill the District 2 seat on the Historical Commission. 3. Clearview Research Contract Staff recommends the Board authorize the County Administrator to spend up to $100,000.00 with Clearview Research to assist with the 2018 Infrastructure Surtax Initiative, waive the bidding process and authorize the Chair to sign documents as prepared by the County Attorney. 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 February 1, 2018, February 8, 2018, February 15, 2018 and February 22, 2018. 2. Budget Resolution - Accepting funds in the form of Insurance Recovery from Employers Mutual, Inc. in the amount of $1969.50 for reimbursement of defense costs in an Inverse Condemnation Lawsuit Staff recommends Board approval of the budget resolution accepting the Insurance Recovery and authorization for the Chair to sign documents as approved by the County Attorney. 3. Permission to Advertise - Celebration Pointe Community Development District - Dissolution of District Staff recommends that the Board grant permission to advertise a public hearing to consider an ordinance repealing Ordinance No. 06-014 which created the Celebration Pointe District. 4. First Amendment to Interlocal Agreement (CO2-09-159) - Operation of Mobile Command Unit Staff recommends that the Board approve the proposed First Amendment and authorize the Chair to sign the Interlocal as drafted by the County Attorney. 5. Resolution - Facility Use Agreement with Coastal Conservation Association of Florida 4 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM Staff recommends Board approval of a new Facility Use Agreement with Coastal Conservation Association of Florida and Board approval of the resolution allowing the Coastal Conservation Association of Florida, a not for profit corporation, the use of space at Harbour Point Park, Fort Pierce, Florida, to stage 250 tons of artificial reef material for deployment offshore Broward County, Florida, as outlined in the attached resolution and authorization for the Chair to sign documents as approved by the County Attorney. 6. Fourth Amendment to Lease from Peacock University, LLC for Guardian Ad Litem Program C06-12-754 Staff recommends the Board approve the 4th Amendment to the December 22, 2006 lease agreement with Peacock University, LLC (C06-12-754) and authorize the Chair to sign the amendment, as prepared by the County Attorney. 7. Treasure Coast Research Park - MOU with University of Florida Board of Trustees and Treasure Coast Education, Research and Development Authority for Sixty (60) Acres Staff recommends the Board approve the proposed Memorandum of Understanding (MOU) with the University of Florida Board of Trustees and the Treasure Coast Education, Research and Development Authority, and authorize the Chair to sign the MOU. 8. Permission to Advertise - Notice of Public Hearing - Pinehurst Subdivision - abandon a portion of right-of-way on S. 40th Street Staff recommends that the Board authorize staff to advertise a public hearing to be held on April 3, 2018 at 6:00pm or as soon thereafter as possible. 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 There are no items scheduled. INFORMATION TECHNOLOGY 5 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM 1. Compuquip Countywide Firewall Replacement Staff recommends Board approval of the Countywide Firewall Replacement Contract with Compuquip in the amount of $315,765.10 and authorization for the Chair to sign documents as approved by the County Attorney. 2. Information Consultants Contract Amendment 1 Staff recommends Board approval of the First Amendment to the Information Consultants Contract to allow for the purchase of additional licenses as well as establish fixed line item pricing for future license purchases and renewals and authorization for the Chair to sign documents as approved by the County Attorney. 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 1. Renewal of Multi -Year Inmate Contract Staff recommends Board approval of the Florida Department of Corrections Inmate Labor contract renewal and authorization for the Chair to sign documents as approved by the County Attorney. N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. O. PUBLIC SAFETY There are no items scheduled. P. PUBLIC WORKS 1. Moore's Creek Donations Staff recommends Board acceptance of a $350.00 donation from Greenscape Services, Inc., a $350.00 donation from the Fort Pierce Sportfishing Club and a $350.00 donation from Janice Wilson to the St. Lucie County Public Works Department Artificial Reef Program, approval of attached budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. 6 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM 2. Melville Road Stormwater Improvements Phase 1 Staff recommends Board approval of Work Authorization No. 1 in the amount of $198,820.00 under contract C14-11-654 with Bowman Consulting Group, Ltd., and authorization for the Chair to sign documents as approved by the County Attorney. 3. Midway Road Widening (25th Street-US1) Staff recommends Board approval to grant Morrison -Cobalt JV's request for a special permit, in accordance with Section 28-112 of the St. Lucie County Code of Ordinances, in support of Midway Road Widening (25th Street-US1). 4. Orange Avenue at North St. Lucie River Water Control District Canal 411 Culvert Replacement Project - Acceptance of Project Staff recommends Board acceptance of the Orange Avenue @ NSLRWCD Canal 411 Culvert Replacement Project. 5. Award of Bid No. 18-013 Purchase & Installation of Sign Post, Sign Hardware and Sign Blanks Staff recommends Board approval to award Bid No. 18-013, to the lowest responsive and responsible bidder, Universal Signs and Accessories of Fort Pierce, and authorization for the Chair to sign documents as approved by the County Attorney. Q. SHERIFF'S OFFICE 1. 2017 State Criminal Alien Assistance Program (SCAAP) Grant Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2017 State Criminal Alien Assistance Program (SCAAP) Grant. 2. FY 2017-2018 Budget Amendment for the purchase of the remaining 62 pursuit vehicles for the purchase agreement entered into in the 2016-2017 budget year. Staff recommends approval of the Sheriff's budget amendment to recognize $2,177,663.00 in capital outlay and debt proceeds in the like amount for the purchase of the remaining vehicles. R. SOLID WASTE 1. Bid Waiver and Sole Source Staff recommends Board approval of bid waiver and sole source determination for the purchase of parts and service from Nextran Truck Centers and Tidewater Equipment Company for parts and services associated with the Mack trucks and Morbark tub grinder at the Solid Waste Baling and Recycling Facility. S. SUPERVISOR OF ELECTIONS 7 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM 1. Supervisor of Elections Budget Amendment for insurance reimbursements related to Hurricane Irma Staff recommends Board approval of budget amendment (increase in costs) in the amount of $121,015.16. T. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. U. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. PUBLIC SAFETY 1. St. Lucie County Certificate of Public Convenience and Necessity Application - Senior Paradise, LLC Staff recommends the Board determine the application of Senior Paradise, LLC, for a Class F Certificate of Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. 2. St. Lucie County Certificate of Public Convenience and Necessity Application - JusTranzit School Bus, Inc. Staff recommends the Board determine the application of JusTranzit School Bus, Inc., for a Class F Certificate of Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution - City of Fort Pierce Resolution 18-R02 Initiating Development of an Interlocal Service Boundary Agreement Staff recommends that the Board adopt the resolution and authorize the Chair to sign the resolution. 2. Equipment Lease Agreement with TD Equipment Finance (TD) Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. Regular Meeting Tuesday, March 20, 2018 9:00 AM 3. Permission to Advertise - Ordinance Scheduling a Referendum Election on November 6, 2018 for a Proposed 0.5 Percent Local Government Infrastructure Surtax Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing on Tuesday April 3, 2018 at 6:00 p.m. 4. Indian River Estates Stormwater Improvements Phase II - Proposed Settlement Offer for Fountain Engineering Inc. Staff recommends that the Board approve a settlement demand against Fountain Engineering Inc. in the amount of $2,500,000.00. 5. Resolution - Solid Waste Tipping (Disposal) Fees Staff recommends that the Board adopt the resolution and authorize the Chair to sign the resolution. 6. Ardie R. Copas Veterans Nursing Home - Memorandum of Agreement with OHL-Arellano Construction Company Add -On Staff recommends that the Board approve the Memorandum of Agreement and authorize the Chair to sign the memorandum. 7. Indian River Estates Stormwater Improvements Phase II - Request by Dunkelberger for Settlement Offer Add -On Staff recommends that the Board approve a settlement demand against Dunkelberger in the amount of $2,500,000.00. B. OFFICE OF MANAGEMENT & BUDGET 1. Resolution - To Establish the Budget for St. Lucie County, Public Works Heavy Equipment Loan Staff recommends the Board adopt the budget resolution establishing the budget for the Master Equipment Financing in the amount of $2,070,295.00. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special meeting on Tuesday April 3, 2018 at 6pm for the swearing in of St. Lucie County's newly appointed Commissioner, Anthony Bonna, followed by the Regular meeting in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, April 10, 2018 at gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 9 1 P a g e Regular Meeting Tuesday, March 20, 2018 9:00 AM C. The Board of County Commissioners will hold a Regular meeting on Tuesday, April 17, 2018 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The 2017 St. Lucie County Earth Day Festival will take place April 21, 2018, from 10am to 3pm, at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772) 785-5833. 12. MOTION TO ADJOURN 101Page 4.A S■TkaL■(di 1 E COUNTY F L 0 R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 6, 2018 Convened: 6:00 PM Adjourned: 9:33 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4, Chair Frannie Hutchinson Attendee Name W Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 Arrived 6:00 PM Frannie Hutchinson Present Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Barbara Guettler MSBU Coordinator Present 6:00 PM Diana Wesloski Community Services Director Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 2. 3 INVOCATION The County Administrator led the invocation. PLEDGE OF ALLEGIANCE W Z W 0 J 0 W a a a Generated 31121201811:48 AM Packet Pg. 11 4.A Regular Meeting Tuesday, March 6, 2018 6:00 PM T 5. 1.1 HOUSEKEEPING ITEMS Chairman Hutchinson noted the following item was pulled prior to the meeting: • Item 8.C.2. (Permission to Advertise — Amendments to Section 7.10.23 Land Development Code) was pulled from the Consent Agenda APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 20, 2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend PROCLAMATIONS APPROVAL A. A resolution celebrating the Third Anniversary of Place of Hope, supporting their expansion into St. Lucie County and proclaiming April 2018 as "Child Abuse Prevention Month" 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 Charles Bender, CEO of Place of Hope, who thanked the Board for the proclamation and accepted it with gratitude. Mr. Bender thanked the Board for their support and for welcoming Place of Hope into St. Lucie County. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend PUBLIC COMMENT (excluding Public Hearing items) Chairman Hutchinson opened the meeting for public comment at this time. The following individuals addressed the Board: • David Ellis, 7602 Ocala Ave in Fort Pierce, spoke of his concerns with the floodgates in Lakewood Park. Commissioner Townsend advised him to contact the office and an appointment can be set up for further discussion of the issue, • Jason Weaver, 7604 Ocala Ave in Fort Pierce, spoke in support of a ballot item regarding the flooding and canals in Lakewood Park, 2 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A • Sheila Markell, 153 Riomar Dr, member of the River Park Neighborhood Association, spoke of concerns of traffic on Riomar Drive and Beach Ave; documents were submitted to be included as part of the record, • Terry Knorrston, 616 Beach Ave, spoke of concerns for children safety on Beach Ave; documents were submitted to be included as part of the record, • Glen Clarke, 153 Riomar Dr, spoke of concerns of traffic on Riomar Drive, • Sandra Dorsett, 220 Riomar Dr, spoke of concerns of traffic on Riomar Drive, • Laura Kaplan, 410 SE Naranja Ave, spoke of concerns of traffic near River Park, N w • Carl Caradonna, 366 SE Naraja Ave, spoke of concerns of traffic near River Park, Z • Crichton McCutcheon , 390 SE Naranja Ave, spoke of concerns of traffic near River Park, 0 J • David Kaplan, 410 SE Naranja Ave, President of River Park Neighborhood Association, spoke of concerns of traffic on Riomar Drive; documents were submitted to be included as part of the 0 IL record, a Q • Chief Wilson, St. Lucie County Sheriff's Office, spoke to ensure the Riomar Drive and River Park residents that the Sheriff's Office will be addressing the voiced complaints. c Chairman Hutchinson addressed those who spoke and requested there be one spokesperson for purposes of further communication. There being no one further wishing to appear before the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS A. St. Lucie County Transit - Annual Update - Diana Wesloski, SLC Community Services Director, Murriah Dekle, SLC Transit Manager and David Engel, SLC Transportation Planner/Transit Systems Coordinator Diana Wesloski, Community Services Director, began by thanking the Board for their support of the Transit Division. Ms. Wesloski introduced Murriah Dekle, Transit Manager, who gave the annual update. Ms. Dekle detailed accomplishments from 2017, defined the funding sources and highlighted that through the Fare Free Program, St. Lucie County ridership doubled. David Engel, Transportation Planner & Transit Systems Coordinator, continued the presentation by emphasizing the department's public outreach, in addition to the services offered to Direct Connect clients. Ms. Dekle concluded the presentation with the Transit Department's current tasks and plans for the future. 3 1 P a g e Packet Pg. 13 4.A Regular Meeting Tuesday, March 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 cn w 1. Warrant Lists 15 - 21 z B. ADMINISTRATION O J Q 1. TCERDA Sunshine Kitchen Contract with Edlund Dritenbas Binkley (EDB) Architects and o Associates, P.A a a Q 2. Amendment to Professional Services Contract a C. COUNTY ATTORNEY c 1. Resolution Amending Chapter 10 Schedule of Civil Penalties co N 2. Permission to Advertise - Amendments to Section 7.10.23 Land Development Code `L_ D. COMMUNITY SERVICES o m r There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES a a� There are no items scheduled. _ G. FACILITIES 1. Award of Bid No. 18-018, Demolition of the 7th Street Records Storage Center H. HUMAN RESOURCES There are no items scheduled. I. INFORMATION TECHNOLOGY 4 1 P a g e Packet Pg. 14 4.A Regular Meeting Tuesday, March 6, 2018 6:00 PM There are no items scheduled. 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. w D z M. PARKS & RECREATION LL O 1. Ft. Pierce Yacht Club - Water Poker Run 2018 J O 2. St. Lucie County Parks and Recreation Pre -Approved Food and Beverage Vendor Pilot a Program Q N. PLANNING & DEVELOPMENT SERVICES a 0 0 There are no items scheduled. co r O N O. PUBLIC SAFETY There are no items scheduled. L 4- 0 P. PUBLIC WORKS c 1. Rock Road Mine - Public Hearing Request ui Q. SHERIFF'S OFFICE a m There are no items scheduled. Q R. SOLID WASTE a� c There are no items scheduled. S. SUPERVISOR OF ELECTIONS There are no items scheduled. T. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. U. UTILITIES 5 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Request for an Order, pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 2421 Keen Road, Fort Pierce in St. Lucie County, FL in w Katherine Barbieri, Assistant County Attorney, presented this item. Under the provisions M of the St. Lucie County Code of Ordinances and Compiled Laws, the building at 2421 Z Keen Road in Fort Pierce has been determined to be unsafe and to constitute a public U_ nuisance. The Assistant County Attorney gave an update, stating the property owner has 0 hired a contractor who pulled a demolition permit and met the requirements from the > Health Department. The demolition of the building is currently underway. Staff is asking to continue the hearing to April 3, 2018 at 6:00 pm or as soon thereafter, to follow up a on this item. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing, it was seconded and the motion for continuation passed unanimously. The public hearing will be heard on April 3, 2018 at 6 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] Next: 4/3/2018 6:00 PM MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 2. Ordinance - Providing for Placement of Communication Facilities in Rights -of -Way and Amending the St. Lucie County Cable Television Franchise Ordinance The Assistant County Attorney provided a brief background on the proposed ordinance amending cable ordinance and creating communications rights -of -way ordinance. In 2017, Florida enacted the Florida Advanced Wireless Infrastructure Deployment Act which is codified in Section 337.401(7), Florida Statutes. The Act allows a process for wireless providers and infrastructure providers to obtain access to public rights -of -way for facilities. In addition, several years ago Florida preempted the local cable franchising authority and created Chapter 610, Florida Statutes, which governs the power of cable service. Based on these actions of the Legislature, the Board authorized the hiring of Gary Resnick, who drafted the ordinance. The drafted ordinance was sent out to the industry for comments and a workshop was help on February 9th. Adjustments were made after the County received letters from the industry. A few more letters have been 6 1 P a R e IPacket Pg. 16 4.A Regular Meeting Tuesday, March 6, 2018 6:00 PM received prior to the meeting and based on this, staff is recommending the public hearing be continued to May 1, 2018 at 6 pm or as soon thereafter, to address industry comments. Gary Resnick, with GrayRobinson, P.A., began the presentation with background information. Mr. Resnick emphasized that wireless industry is not a utility and that their priority back in 2016 and 2017 was to obtain a State Statute giving them access to public rights -of -way for wireless facilities to provide advanced wireless broadband services. On July 1, 2017, the Florida Advanced Wireless Infrastructure Deployment Act (Act) became effective, controlling how local governments process applications for and regulate certain wireless facilities in the public rights -of -way. The Act was adopted to afford the wireless industry access to public rights -of -way and to government -owned utility poles, to collocate and to install small wireless facilities and other communications infrastructure. The Act applies to county and city rights -of -way; however it exempts the Florida Department of Transportation rights -of -way. Mr. Resnick stated this was a nationwide effort from the wireless industry and similar legislation was enacted in other states. A few of those states are challenging the legislation in court. Mr. Resnick detailed how the Act preempts local authority and described four types of installations that may occur in the rights -of -way. He defined the words "utility pole" and "small wireless facility', as they are defined in the Statute. The short time frames for local government to process applications was detailed per the Statute. The Statute allows 14 days to determine if an application is complete and after the 14 days has passed, it will be deemed complete. Similarly, the Statute allows 60 days to approve or deny a complete application and if no determination is made within 60 days, it will be deemed granted. The grounds on which a small wireless facility may be denied were explained in detail. Mr. Resnick highlighted one reason an application may be denied is if it fails to comply with applicable codes. He further defined applicable codes and stated the proposed Ordinance is considered an applicable code. Therefore if an application does not comply with the County's Ordinance, staff has the grounds to deny it. Continuing on, Mr. Resnick began detailing the proposed Ordinance. He stated it implements the Act and will provide requirements for all communications facilities in the rights -of -way. The proposed Ordinance is consistent with the Act and contains: new definitions; requirements for registration, insurance, security fund, indemnification, warranties, abandoned facilities and performance bond for construction; and application requirements and procedures. It was stated the County may not charge permit fees, making this a taxpayer -subsidized application process. Mr. Resnick detailed the terms for collocation on County utility poles and the objective design standards. Next, Mr. Resnick displayed photos and examples of the poles and small wireless facilities, explaining them in detail. Finally, it was stated that the industry does not share facilities. There are generally four wireless carriers who most likely are going to want their own facilities in the same area. This would help their aim of increasing the capacity in w F_ M z LL 0 J 0 W a a a 7 1 P a g e Packet Pg. 17 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A for wireless data services for high -end users; they are not looking to increase service in rural areas but rather increase service for areas that contain the majority of data users. Additionally, there is potential for the Federal Communications Commission (FCC) to take action on small cell facilities in rights -of -way that would preempt State and Local Law. This has not come out yet and it is unclear what it could look like. Commissioner Dzadovsky asked for clarification regarding the Act not requiring the State to provide rights -of -way. Mr. Resnick clarified that is correct. Commissioner Dzadovsky expressed his concerns on the short time frames for the application process, the cost to local governments, and how the Statute preempts local government. He commented on the need for residents to speak with State representatives to encourage w them to continue to provide home rule. Z There were no other comments from the Board at this time. 0 Chairman Hutchinson opened the hearing for public comment at this time. The a following individuals addressed the Board: 0 • Sherry Anchor, resident of Port St. Lucie, spoke in opposition of the Ordinance; a documents were submitted to be included as part of the record, • Stephanie Austin, resident of Indian River County, spoke in opposition of the Ordinance; documents were submitted to be included as part of the record • Shirley Dentin Jackson, resident of Palm Beach County, spoke in opposition of the Ordinance, • Richard Speezak, resident of Martin County, spoke in opposition of the Ordinance, • Mary Burton, 5303 Silver Oak Drive, spoke in opposition of the Ordinance; documents were submitted to be included as part of the record • Peggy Stefell, resident of PGA Village, spoke in opposition of the Ordinance, • Janna Lhota, attorney with Holland & Knight LLP and on behalf of Verizon Wireless Personal Communications, spoke in favor of the Ordinance. Commissioner Dzadovsky asked Ms. Lhota a few questions. There being no one further wishing to appear before the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing, it was seconded and the motion for continuation passed unanimously. The public hearing will be heard on May 1, 2018 at 6 pm or as soon thereafter as the item may be heard. 8:02 PM - Chairman Hutchinson called for a 10 minute recess 8:16 PM - The Board of County Commissioners reconvened 8 1 P a g e IPacket Pg. 18 4.A Regular Meeting Tuesday, March 6, 2018 6:00 PM RESULT: CONTINUED [UNANIMOUS] Next: 5/1/2018 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Roads Impact Fee Leslie Olson, Planning & Development Services Director, presented this item along with Dennis Murphy, a consultant from Culpeper & Terpening, Inc. Mr. Murphy began by y providing background information. In 1986 the County adopted Road Impact Fees that are applied countywide in order to provide improved transportation benefits to the z_ overall community. The impact fees collected through this program are a one-time assessment paid to fund the increased demand on public services imposed by new 0 development and cannot be used for the maintenance of existing services. The County updated its roads impact fees assessment schedules in 2000, 2003, and most 0 recently in 2010. In addition, the County's Roads Impact Fees have been annually a- adjusted by the Consumers' Price Index (CPI). Mr. Murphy described the revenue g sources for the County's road expansions and the current improvement value. M St. Lucie County contracted with Culpepper & Terpening, Inc. and Tindale Oliver, to update and recalculate the County's adopted Roads Impact Fees as required under Section 24-270, of the St. Lucie Code of Ordinances. The Roads Impact Fee Study Report provided by the consultant recalculates the Roads Impact Fee based on the most recent and localized data available based on the following formula: [Demand x Cost] - Credit = Fee. At the January 17, 2017 Informal Meeting, the consultant team was directed to utilize credits to the maximum extent possible in order to ensure that the revised impact fees would be supportive of new economic development opportunities by reducing the calculated impact fee for certain industrial and office uses. On January 18, 2018, the St. Lucie County Local Planning Agency/St. Lucie County Planning and Zoning Commission (LPA/P&Z) held a public hearing on the proposed ordinance and made a recommendation to forward the ordinance to the Board for approval. New to the proposed revisions to the County's Roads Impact Fee is an option that the County provide some level of Roads Impact Fee relief for those residential housing developments that addressed, through specific deed restrictions or equivalent restrictions, affordable housing needs in the community. The LPA/P&Z recognized that such relief could not realistically be applied, or enforced, on an individual, scattered, home -by -home basis. Instead they encouraged the Board, that if inclined to consider such an option in the revised fee schedule, that specific standards be set in the County's Impact Fee Administrative Procedures Manuals that address how this particular relief process would be administered. Consistent with the direction given by the Board of County Commissioners in prior workshops on Roads Impact Fees, the County's' consultants have proposed a 'tiered' approach to the Roads Impact Fee to be assessed for single-family residential uses based on the size of the home as opposed to a 9 1 P a g e IPacket Pg. 19 4.A Regular Meeting Tuesday, March 6, 2018 6:00 PM 'one size fits all' approach as is currently applied under the County's' Roads Impact Fee. There were also options discussed in regards to multi -family residential use and commercial land use. Staff was seeking direction from the Board on these options. Commissioner Townsend asked for clarification on the difference in fees for residents of North Hutchinson Island versus South Hutchinson Island. Mr. Murphy gave a brief explanation and stated if Commissioner Townsend wishes for further detail, he can provide that at a later date. There were no other questions or comments from the Board at this time. Chairman Hutchinson opened the hearing for public comment at this time. in w Bryce Altory, with the Realtors Association of the Palm Beaches and greater Fort Z Lauderdale, spoke in opposition of the proposed Roads Impact Fee Ordinance; documents were submitted to be included as part of the record. p J There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. a a The Board discussed the different options and gave direction to staff on the options a they preferred. M This was the first of two required public hearings. The second public hearing is scheduled for Tuesday, April 3, 2018 at 6:OOpm or as soon thereafter as the item may be heard. RESULT: 1ST READING APPROVED Next: 4/3/2018 6:00 PM C. PUBLIC WORKS 1. Resolution - Sabal Creek Municipal Services Benefit Unit Barbara Guettler, MSBU Coordinator, presented this item. A majority of property owners (57%) within the Sable Creek subdivision of PGA Village 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 benefited property within Sable Creek on behalf of the District. In September 2017, the Board approved an Interlocal Agreement between the County and the District which provides that the County and the District will cooperate in providing potable water and fire protection services to the Sable Creek subdivision. A preliminary cost estimate has been developed by the project's design engineer. In October 2017, affected property owners were notified by mail of their 10 1 P a g e Packet Pg. 20 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A maximum estimated assessment amount. On October 26, 2017 an informational meeting was held with property owners to discuss the MSBU process, project design and project cost. If approved, the resolution will establish the Sabal Creek MSBU, approve and confirm the petition results, and authorize and direct staff to take such actions as may be necessary in furtherance of the project. A second public hearing will be held, after the design is complete, for the Board to hear comments from property owners prior to their consideration of a resolution to levy assessments on specially benefiting parcels. w E- Staff recommended Board approval of the Sabal Creek Municipal Services Benefit Unit Z (MSBU) Direction resolution and authorization for the Chair to sign documents as U- approved by the County Attorney. 0 J Q Chairman Hutchinson opened the hearing for public comment at this time. There being 0 no one wishing to appear before the Board, Chairman Hutchinson closed the public a hearing. Q A motion was made to approve the resolution and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Agreement to Pay for Construction of a Berm and Buffer Wall (Ardie R. Copas Veterans Nursing Home) Daniel McIntyre, the County Attorney, presented this item. On February 25, 2014, the County notified the Florida Department of Veterans Affairs (FDVA) that the County intended to submit an application to become the site for the State's 7th Veterans' Nursing Home. On September 23, 2014, Florida's Cabinet voted unanimously to approve the construction of the nursing home in St. Lucie County. The State has named the nursing home the Ardie R. Copas State Veterans' Nursing Home. City of Port St. Lucie regulations require the construction of a wall and berm on the eastern boundary of property where the Home will be situated. FDVA did not have enough land on the Site to construct the wall and berm but, solely as an accommodation to the County, Minto is willing to construct the wall and berm on Minto's property, which is adjacent to the Site, provided that all of the costs of construction are borne by 11 1 Packet Pg. 21 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A others. FDVA has requested that the County use a portion of the County Funds to pay Minto to construct the wall and the berm on the Minto Property with the understanding that, upon completion of the wall and the berm, Minto, or if Minto so elects, a homeowners' association by Minto, will own and permanently maintain the wall and berm. Construction of the berm and buffer wall by Minto will directly benefit the Home. Under the terms of the proposed Agreement, Minto would construct a berm and buffer wall on Minto property. The County would agree to reimburse Minto for cost of constructing the berm and buffer wall in an amount not to exceed $215,050.00. Minto (or its successor) would agree to maintain the berm and buffer wall in perpetuity. Staff recommended that the Board: Determine, pursuant to Section 8.1a2 of the County's Purchasing Manual and Section 255.20, Florida Statutes, that the use of a portion of the County fund to pay Minto for the design engineering and construction of the berm and wall is exempt from the normal competitive procurement process due to the unique circumstances involved, but not limited, the fact that the berm and wall are to be constructed for the sole benefit of the Florida Department of Veterans' Affairs (FDVA) but will be permanently located on Minto's private property, owned by Minto, and maintained by Minto at Minto's sole expense, thus making Minto an appropriate sole source for design, engineering and construction of the same; and Approve the Agreement and authorize the Chair to sign the Agreement. Chairman Hutchinson shared that the groundbreaking for the start of this project will be on March 20th from 2-4 pm. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 2. Indian River Estates Stormwater Improvements Phase II - Settlement Offer from Fountain Engineering The County Attorney presented this item. The Indian River Estates (IRE) Phase II project is the construction of a Stormwater Conveyance System within the Indian River Estates subdivision that connects to the existing pump station. The Project included, but was not limited to, the installation of pipes and catch basins. The Project is now complete and was primarily funded through a grant from the Florida Department of Emergency Management. w z O J a O W a a a 12 1 Page Packet Pg. 22 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A The bidding process for the Project was done back in 2012 and the lowest responsive, responsible bidder was Fountain Engineering, Inc., of Miami (FEI). During the course of the Project, FEI did not maintain the Project schedule and other agreed upon schedules, and did not perform its work promptly and diligently. FEI also did not timely pay subcontractors and suppliers. Despite its efforts, FEI did not achieve the contractually required substantial completion or final completion. In January, 2015 the County terminated FEI and notified FEI's surety, Hanover. On or about the time of the termination, FEI stopped working on the project. On March 3, 2015, the Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project in accordance with the W approved plans. The Board also approved a work authorization with Culpepper & Z Terpening (C&T) to complete the as -built plans that were not provided by FEI as required under FEI's contract. The as -built plans verify the work in place as built by p the Contractor FEI. The as -built plans, as completed by C&T, reflect that FEI failed to a construct substantial portions of the Project in accordance with the permitted plans. o The County requested that FEI perform this remedial work and FEI refused to perform. a a a The County has taken great efforts to attempt to resolve this matter. The County has not only met with FEI on several occasions, but has also met at least twice with representatives of Hanover in an effort to resolve the dispute. In turn, Hanover filed an action in federal court against the County. The federal judges ordered the parties to mediation. At the mediation the parties were able to achieve a settlement subject to approval by the Board. The settlement provides that Hanover pay the County a total of $100,000.00 in return for a release from the County as to Hanover and as to those claims Hanover took an assignment of on behalf of FEI. The release does not release FEI from the balance of the claims. On November 3, 2015, the Board approved the proposed settlement agreement with Hanover and granted permission to sue Fountain and Dunkelberger. In December 2015, an Amended Complaint was filed against Fountain and Dunkelberger. A jury trial is currently scheduled in mid -June of this year. The Proposal offers to pay the County a total of $100,000.00 in exchange for a complete release and dismissal of FEI, forever. A Proposal is incentive to settle a case at the risk of the party receiving the Proposal paying the other's attorneys' fees and costs incurred after the date the Proposal is served, should the net recovery not be within 25% of the Proposal. In analyzing a settlement offer it is helpful to review the offer from a "best case -worst case" scenario. In the "worst case" a jury would award the County $0 in its claim against FEI. In that event the County would be responsible for payment of FEI's fees and costs which are estimated to be $130,000.00. In a "best case" scenario a jury would award the County the full amount sought, plus attorneys' fees, costs, and interest. However, actual recovery may be limited to the amount recoverable from 13 1 Page Packet Pg. 23 Regular Meeting Tuesday, March 6, 2018 6:00 PM 4.A FEI's insurers, which is estimated to be a total of $2,177,086.00, which is the amount of damages the County alleges it suffered as a result of FEI's failure to perform. Included in this amount is the cost of asphalt repairs in the amount of $806,232.00. Although County staff is interested in discussing settlement with all parties and has agreed to schedule a second mediation in the case, County staff cannot recommend that the Board accept the offer by FEI. The County's special construction counsel concurs with the recommendation by staff. Staff recommended that the Board reject the settlement offer from Fountain Engineering, Inc. (FEI). A motion was made to approve staff recommendation and it passed unanimously RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 11. ANNOUNCEMENTS Chairman Hutchinson announced Governor Rick Scott has elected to move forward and make an appointment to fill the seat for County Commissioner of District 2. It was further announced, the Governor has appointed Anthony Bonna. The Board congratulated and welcomed him. A. 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. B. 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. C. The 2017 St. Lucie County Earth Day Festival will take place April 21, 2018, from 10am to 3pm, at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772)785-5833. 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. 14 1 P a g e Packet Pg. 24 5.A ITEM NO. RES-2018-33 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *PROCLAMATIONS APPROVAL Resolution proclaiming the month of March 2018 as "American Red Cross Month" in St. Lucie County, Florida. Judy Nash -Wade with the American Red Cross has requested that this Board proclaim the month of March 2018 as "American Red Cross Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures iDwieYs. McIntyre, County ttorney 2/21/2018 .13auen �Bjw L y er, De y Coutny Administrator 2/22/2018 Packet Pg. 25 5.A.a RESOLUTION A RESOLUTION PROCLAIMING MARCH 2O18 AS "AMERICAN RED CROSS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In St. Lucie County the Red Cross has a long history of helping our neighbors in need. Florida's Coast to Heartland Chapter assisted with 107 local disasters in the past fiscal year alone, including 50 in St. Lucie County. They installed 838 smoke alarms and reached 3,910 people with fire safety information. They reached 686 students and their families with preparedness information through our Pillowcase Project. In our area, the Red Cross handles an average of 210 emergency military calls every year. 2. March is American Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster. We applaud our heroes here in St. Lucie County who give of themselves to assist their neighbors when they need a helping hand. 3. Across the country and around the world, the American Red Cross responds to disasters big and small. It collects about 40 percent of the nation's blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict or migration. 4. We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 2018 as "AMERICAN RED CROSS MONTH" in St. Lucie County, Florida. 2. This Board encourages the citizens of St. Lucie County to support this organization and its noble humanitarian mission. PASSED AND DULY ADOPTED this 201h day of March 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY U O W a M M co 0 N Cn W W Packet Pg. 26 5.B ITEM NO. RES-2018-34 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *PROCLAMATIONS APPROVAL Resolution proclaiming April 7, 2018 as "Children's Day" and April 8, 2018 as "Parents' and Children's Day" in St. Lucie County, Florida. Deborah Labella, Director of Programs with the Early Learning Coalition of St. Lucie County requests that this Board proclaim April 7, 2018 as "Children's Day" and April 8, 2018 as "Parents' and Children's Day" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures iDwieYs. McIntyre, County ttorney 2/23/2018 auen �Bjw L 1 y er, De y Coutny Administrator 2/23/2018 Packet Pg. 27 5.B.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 7, 2018 AS-CHILDREN'S DAY" AND APRIL 8, 2018 AS "PARENTS' AND CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The 23RD Annual Children's Week celebrating Parents and Children will take place in Tallahassee from January 21, 2018 through January 26, 2018, bringing thousands of parents, children, professionals, policy makers, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our capital city. 2. The purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward. 3. Children's Week has teamed up with more than 100leading statewide business and non-profit organizations and hundreds of local organizations to expand the network of community involvement and education on a wide array of children and family issues at the local level and conduct events and activities in January, February, March and April in all 67 counties focused on improving the health, safety and well-being of Florida's children and families. 4. Hundreds of local municipalities have officially proclaimed "CHILDREN'S DAY" and hosted hundreds of public events and activities for parents and children in their community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 7, 2018, as "CHILDREN'S DAY" and April 8, 2018 as "PARENTS' AND CHILDREN'S DAY" in St. Lucie County, Florida. 2. Originally established as "Children's Day" in 1988, the 2002 Florida Legislature renamed this official, statewide Florida holiday as "PARENTS' AND CHILDREN'S DAY" to more fully reflect support of the most important institution in Florida --the family. PASSED AND DULY ADOPTED this 20t" day of March 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 28 5.0 ITEM NO. RES-2018-44 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *PROCLAMATIONS APPROVAL Resolution proclaiming the week of March 18-24, 2018 as "National Surveyors Week" in St. Lucie County, Florida. Chad Maxwell, PSM, Indian River Chapter President of the Florida Survey and Mapping Society has requested that this Board proclaim the week of March 18-24, 2018 "National Surveyors Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures iDwieYs. McIntyre, County ttorney 3/19/2018 Packet Pg. 29 5.C.a RESOLUTION J A RESOLUTION PROCLAIMING THE WEEK OF MARCH 18-24, 2018 AS c "NATIONAL SURVEYORS WEEK" IN ST. LUCIE COUNTY, FLORIDA 0 m WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the J following determinations: 1. Land Surveyors are counted among the founding leaders of our country and were c instrumental in the formation of the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American dream of property ownership. 2. United States Presidents George Washington, Thomas Jefferson, John Adams and Abraham Lincoln all served as surveyors, contributing to the historical mapping of America in its 0 early years. 3 3. The surveying profession requires special education, training, knowledge of mathematics, Cn the related physical and applied sciences, and requirements of law for evidence. o 4. Surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public N property rights. 00 5. The continual advancements in instrumentation have required the surveyor to not only N be able to understand and implement the methods of the past, but also to learn and employ N modern technology in finding solutions to meet the challenges of time. 00 6. The citizens of St. Lucie County, Florida recognize the valuable contributions of the surveying profession to history, development, and quality of life throughout our country, and make important decisions based on the knowledge and expertise of licensed surveyors and o mappers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of March 18-24, 2018, as "NATIONAL SURVEYORS WEEK" in St. Lucie County, Florida. 2. This Board encourages all citizens to recognize the many contributions and the ongoing dedication of surveyors to our community and throughout the United States. PASSED AND DULY ADOPTED this 201h day of March 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 30 03/02/18 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 24-FEB-2018 TO 02-MAR-2018 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 210,187.20 0.00 001467 FCTD Planning Grant FY17/18 60.49 0.00 001468 EMPA FY18 8.19 0.00 001575 Metropolitan Planning / Sec 5305d 7,428.34 0.00 001580 Section 112/MPO/FHWA Plan FY16/17 6.42 0.00 001585 CSBG 2017 1,111.14 0.00 001591 CDBG Small Cities 1,500.00 0.00 101 Transportation Trust Fund 103,077.49 0.00 102 Unincorporated Services Fund 4,465.23 0.00 102001 Drainage Maintenance MSTU 62,315.51 0.00 102301 FDEP-Paradise Pk Ph5 Sy4 Retro 3,795.00 0.00 107 Fine & Forfeiture Fund 142,439.31 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 2,664.61 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 7,360.96 0.00 107004 F&F Fund -Driver's Ed Safety 129,660.00 0.00 107006 F&F Fund -Court Related Technology 87,012.93 0.00 N ill River Park I Fund 3,547.41 0.00 112 River Park II Fund 815.94 0.00 Z 120 The Grove Fund 246.79 0.00 122 Indian River Estates Fund 1,150.50 0.00 Q 126 Southern Oak Estates Lighting 170.44 0.00 ?� 129 Parks MSTU Fund 4,424.91 0.00 v 129102 FDEP-Pepper Park Renovations 4,424.99 0.00 N 130 SLC Public Transit MSTU 307,991.12 0.00 0a 130120 FTA 5311 FY 2015 1,492.13 0.00 N 130121 FTA 5307 FY 2014 34,145.00 0.00 y 130123 FTA 5307 2015 Transit System 173,519.52 0.00 y 130126 FTA 5310 Assistance for Seniors 1,469.62 0.00 J 130219 FDOT Lakewood Pk Reg Bus Rte. 6,340.01 0.00 130225 Service Dev Grant FY 2018-2020 11,583.35 0.00 130226 FCTD Mobility Enhancement Grant 6,666.99 0.00 M 139 Palm Grove Fund 1,057.67 0.00 140 Airport Fund 4,570.36 0.00 c 140001 Port Fund 1,000.00 0.00 140384 FDOT - Install & Rehab Naviaids 14,407.50 0.00 O v 160 Plan Maintenance RAD Fund 6,460.09 0.00 183 Ct Administrator-19th Judicial Cir 6,342.68 0.00 184228 Artificial Reef Construction 19,054.00 0.00 E 185018 FHFC SHIP 2017/2018 1,018.84 0.00 O 189203 Hardest Hit fund Advisor Services 7.68 0.00 V 190 Sports Complex Fund 12,064.45 0.00 191 SLC Sustainability District 21,413.68 0.00 310001 Impact Fees -Library 274.94 0.00 310006 Impact Fees -Transportation 4,992.27 0.00 324200 FDOT - Airport Expansion MRO 20,747.67 0.00 363 Non -Ad Valorem Debt Project Fund 407,983.06 0.00 401 Sanitary Landfill Fund 366,978.46 0.00 418 Golf Course Fund 85.00 0.00 Packet Pg. 31 03/02/18 ST. LUCIE COUNTY - BOARD PAGE 2 8.A.1 FZABWARR WARRANT LIST 422- 24-FEB-2018 TO 02-MAR-2018 FUND SUMMARY FUND TITLE 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 650 Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 29,570.06 24,347.79 328.74 110,837.36 68,708.96 57,072.02 69.25 80,728.32 3,544.95 2,584,608.84 PAYROLL 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 0.00 N H Z a M N 0a N N N N J C M L L M O M V .0 E3 C �O♦ V Packet Pg. 32 03/09/18 FZABWARR FUND TITLE 001 001466 001467 001468 001512 001575 001576 001580 001585 001586 001587 001588 001592 101 101001 102 102001 107 107001 107002 107006 115 118 121 130 130123 130126 130129 130226 140 140001 140383 140384 160 183 183001 183004 183006 184001 184229 185017 185018 187 189110 189113 190 310001 310002 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 03-MAR-2018 TO 09-MAR-2018 FUND SUMMARY General Fund Residential Construction Mitigation FCTD Planning Grant FY17/18 EMPA FY18 Neighborhood Stabilization Program Metropolitan Planning / Sec 5305d Support Services for Veterans Section 112/MPO/FHWA Plan FY16/17 CSBG 2017 Continuum of Care Family Continuum of Care Chronic Continuum of Care Family Veterans DHS - Volunteer Florida CERT Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307 2015 Transit System FTA 5310 Assistance for Seniors FFY16 5307 Transit Oper & Maint FCTD Mobility Enhancement Grant Airport Fund Port Fund FDOT Security Camera's and Lighting FDOT - Install & Rehab Naviaids Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program S St Lucie Beach Restoration Projec FHFA SHIP 2016/2017 FHFC SHIP 2017/2018 Boating Improvement Projects Home Consortium 2014 Home Consortium 2016 Sports Complex Fund Impact Fees -Library Impact Fees -Parks 42az .'LM 638,325.70 20,267.00 0.00 6,597.45 0.00 186.53 0.00 646.49 4,682.29 0.00 0.00 162.57 4,190.00 41,574.52 200.00 765.37 71,144.72 133,280.50 12,205.61 0.00 13,345.80 618.56 861.57 86.89 11,463.68 6,700.52 2,113.09 0.00 5,484.00 845.54 127.89 1,000.00 5,555.00 201.80 453.20 520.00 283.02 875.66 0.00 20,331.38 0.00 8,200.00 47,600.00 912.00 6,040.00 54,319.67 1,758.55 4,200.00 PAGE PAYROLL 578,293.81 421.25 921.39 0.00 2,203.00 2,737.69 1,487.20 9,842.85 1,846.82 139.64 255.68 255.68 0.00 126,482.80 1,639.79 78,074.43 17,184.01 196,312.73 3,048.84 1,134.83 10,744.06 0.00 0.00 0.00 2,855.26 1,711.20 0.00 4,317.66 0.00 18,398.97 6,804.37 0.00 0.00 2,446.92 5,094.42 0.00 3,202.15 0.00 1,938.40 0.00 401.13 458.34 0.00 0.00 1,846.21 32,568.17 0.00 0.00 N H Z Packet Pg. 33 8.A.1 03/09/18 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #23- 03-MAR-2018 TO 09-MAR-2018 FUND SUMMARY FUND TITLE 316106 DOC Sunshine Kitchen Incubator 321 Capital Imp Rev Bonds 2015 324801 FIND -Fisherman's Wharf Bulkhead Des 363 Non -Ad Valorem Debt Project Fund 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 801 Bank Fund GRAND TOTAL EXPENSES 369,166.71 379,646.68 29,473.50 30,050.00 291,101.11 4,670.22 142,509.32 7.00 1,067,490.46 8,073.36 0.00 693.00 8,664.73 56,340.22 3,516,012.88 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 91,734.34 20,899.86 16,229.03 39,796.13 0.00 3,814.93 3,866.17 5,586.65 0.00 0.00 1,296,996.81 N H Z a M N 0a N N N N J C M L L M O M V .0 E3 C �O♦ V Packet Pg. 34 8.B.1 ITEM NO. RES-2018-35 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: John Wiatrak, Airport Manager SUBMITTED BY: St. Lucie County International Airport Division DATE: 03/20/2018 *CONSENT AGENDA\ADMINISTRATION SUBJECT: Budget Resolution - Board Acceptance of Florida Department of Transportation (FDOT) funds for the Treasure Coast International Airport Install Segmented Circle Runway 10L/28R BACKGROUND: Runway 10L/28R was completed in 2009. However, the existing segmented circle for the airport is located approximately 3,000 feet southeast of Runway 101-28R. Sixty percent (60%) of flight training activities take place on 10L/28R. Installation of the segmented circle provides for additional safety for aircraft utilizing the 10L/28R and enhances operational safety. BOCC acceptance of the FDOT JPA occurred on 08/15/2017 with RES 2017-165. Project funding consists of a FDOT share of $60,000, and a local matching share of $15,000. PREVIOUS ACTION: BOCC acceptance of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) occurred on 08/15/2017. FINANCIAL IMPACT: Funds of $60,000 from the Florida Department of Transportation will be available in account 140212- 4220-334411-184604 pending BOCC approval. Local Airport matching funds is available in account string 140212-4220-563000-184604. Total project cost is $75,000. RECOMMENDATION: Staff recommends Board approval of a budget resolution establishing the project funds for the Treasure Coast Install Segmented Circle Runway 10L/28R. COMMISSION ACTION: Packet Pg. 35 8.B.1 Coordination/Signatures 0- ianie/s.WMc'lnty're,nt, orney 3/1/2018 Jenn Hi I, Interim 6ffiJ of and B dget Direct 2J2812018 Updated: 3/14/2018 3:22 PM by Katrina Slay Page 2 Packet Pg. 36 8.B.1.a GRANTS ACCOUNTING REQUEST FORM FUND # /6 � a GRA v G (Assigned by County Finance) Y% + {Assigned by County Finance) ' � V -.7 _ DATE: 01/26/18 DEPARTMENT: Treasure Coast International Airport NAME OF GRANT PROJECT: Install Segemented Circle Runw_y GRANTING AGENCY (NAME): FD O`f Florida Department of 1 VENDOR NUMBER: 1 GRANT TYPE (Federal, State, Other) State CSFA or CFDA 8: 55.0.04 UKANT MANAGER (NAME): John Wiatrack VENDOR NUMBER: 36431 GRANT STARTING DATE: 09/06/2017 GRANT ENDING DATE: 12/31/2019 COUNTY CONTRACT NUMBER: C 17-08-593 GRANT/CONTRACT ID: G0093 PROJECT NUM1IBER: 184604 t.wr'I'IIE FUND, ORG AND PROGRAM NUMBERS ASSOCIATED WITHTHIS GRANT. t)Cr! I� COUNTY MATCH: Yesallo❑ IF YES, WHERE IS THE FUNDING COMING FROM? (Dist Fund, 140-4220-599330-1846 Org and Program Numbers) PERSONS NEEDING INPUT Banner ID) FUND: (List name and Banner ID) John Wiatrack, WiatrackJ, Julie Zicarelli, ZicarelliJ, Adam Hied, Hiedp PERSONS NEEDING INQUIRY RIGHT TO FtrND; (List name and Banner ID) John Wiatrack, WiatrackJ, Julie Zicarelli, ZicarelliJ, Adam Hied, Hiedp FUNDING INFORMATION: BANNER ACLOUN r Nym AMOLNT PhACENTAGE (Assigned by County Finance: CRANTING AGENCY SHARF $ 60,000.0C 80% COUNTY MATCHING SHARE $ 15,000.00 20% uTHEK C% OTHER 0% TOTAL FUNDING $ 75,000.00 100% ADDITIONAL INFORMATION: Runway 10V28R was completed in 2009, However, the existing segmented circle for the airport is located approximately 3,000 feet southeast of Kunway 101-28R. Sixty percent (60%) of flight training activities take place on I OL/28R. installation of the segmented circle provides for additional safety for aircraft utilizing the 10L/28R and enhances operational safety. Ll APPROVAL: GRANT MANAGER: DIRECTORIMANAGER: FINANCE DEPARTMENT: /y �- INSTRUCTIONS: GRANT TYPE (Federal, State, Other); Grant Type is determined by what Government Agency is Providing the Funds. CSFA or CFDA it. This number is found in the Grant Agreement, Federal Grants should have a CFDA number.State Grants shoula have a CSFA number Other Grants should nut have either number. C:1UserslvercillojlDesktop\Grent Aocounting Request Form B-18.2017 m L0 M 00 O N Cl) W N 0) 7 0) L C c 3 O V 0 O r C tB 00 N J O O 3 c as L U m aD r Q Packet Pg. 37 I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 8.B.1.b OGG - 612018 Page 1 of 15 Financial Project Number(s): Fund: DPTO 433147-1-94-01 Function: 215 (item.segment-phase-sequence) Federal Number: Contract Number: t`rp o q 3 _ DUNS No.: 80-939-7102 CFDA Number: Agency DUNS No.: CFDA Title: FLAIR Category: 088719 Object Code: 751000 Org. Code: 55042010429 Vendor NO.: VF596000835010 CSFA Number: 55.004 CSFA Title: Aviation Grant THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this - day of l- , c?o!'�7 - , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, ("Department"), and St. Lucie County _� 3000 Curtis King Boulevard Fort Pierce FL 34946 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.007 (Aviation) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Install Segmented Circle Runway I OL/28R at Treasure Coast International Airport and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project'), and to provide Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth the manner in which the Project will be undertaken and completed. 1.IO Exhibits. A,B,C & D are attached and incorporated into this Agreement. r a Packet Pg. 38 OGC - 612016 Page 2 of 15 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis . The activity report will include details of the progress of the Project towards completion. 3.00 Total Project Cost The total estimated cost of the Project is 75,000.00. This amount is based upon the estimate summarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. 4.00 Project Costs Participation and Eligibility: 4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of 60,000,00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount of 15,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is 0 is not a recipient of a federal award, as detailed in Exhibit "B." N W 4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of this W Agreement. It is understood that State participation in eligible Project costs is subject to: m U L a) Legislative approval of the Department's appropriation request in the adopted work program year that the Project is scheduled to be committed; r b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this, Agreement; E a� c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the N required approval of the Department and all other terms of this Agreement; d) Department approval of the Project scope and budget (Exhibits "A" and "B") at the time appropriation authority N c becomes available. Q a 4.30 Front End Funding. Front end funding ❑ is © is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 4.10. m 5.00 Project Budget and Payment Provisions: a� 6.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the E Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding Q for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of funding may be revised by Packet Pg. 39 8.B.1.b oGr - 612016 Page 3 of 15 execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 6.20 Payment Provisions. Unless otherwise allowed, payment will begin in the year the Project or Project phase is scheduled in the work program as of the date of the Agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be .applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2 CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "Project account." Records of costs incurred under terms of this Agreement shall be maintained in the Project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in W_ excess of the latest approved budget or attributable to actions which have not received the required approval of the Department d shall not be considered eligible costs. L U 6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in G proper detail the nature and propriety of the charges. rn 6.40 Checks, Orders, and Vouchers. Any check or order drawn by the Agency with respect to any item which is or will be r chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of c the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, Q vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily a - accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement m 06 may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official, The Agency shall comply with all audit and audit reporting requirements as specified below. r a Packet Pg. 40 8.B.1.b OGC - 612016 Page 4 of 16 1. Federal Funded c a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures u- H including, reviewing any required performance and financial reports, following up, ensuring corrective action, and Q issuing management decisions on weaknesses found through audits when those findings pertain to Federal u- awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees W to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. J The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits o deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor CU General. 3 b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Exhibit D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Z:� Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that w fiscal year. However, the Agency must provide a single audit exemption statement to the Department W at FDOTSingleAudit(a dot.state.fl.us no later than nine months after the end of the Agency's audit m period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year L U and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F 0 - Audit Requirements, the cost of the audit must be paid from non -Federal resources (Le., the cost of � such an audit must be paid from the Agency's resources obtained from other than Federal entities). E a� iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at N https:Hharvester.census, gov/faeweb/ the audit reporting package as required by 2 CFR Part 200, r Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's rn c report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits Q required by 2 CFR Part 200, Subpart F - Audit Requirements. However, the Department requires a a - copy of the audit reporting package also be submitted to FDOTSin leAudit dot. state. fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements. 100 06 w v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the E extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Q Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit Packet Pg. 41 8.B.1.b OGc - 512016 Page 5 of 15 Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(D_dot. state. fl.us 2. State Funded a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring r procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site N visits by Department staff and/or other procedures including, reviewing any required performance and financial w reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this m Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any L_ monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state a� N financial assistance awarded by the Department through this Agreement is subject to the following requirements: r c i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Q Florida Statutes, the Agency must have a State single or project -specific audit conducted for such a - fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit D to this Agreement indicates state financial06 m assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial ar E assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, r other state agencies and other nonstate entities. State financial assistance does not include Federal Q Packet Pg. 42 OGC • B12016 Page 6 of 15 direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. !I. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations). Rules of the Auditor General. ill. In the event the Agency does not meet the audit threshold requirements established by Section 215,97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSin leAudlt dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the. Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). IV. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTS inoleAudit(@dot.state.fI-us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email flaud en localq ovt aud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to be submitted to m the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and .L Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. a� a� vi. The Agency, when submitting financial reporting packages to the Department for audits done in m accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit rn organizations), Rules of the Auditor General, should indicate the date the reporting package was M delivered to the Agency in correspondence accompanying the reporting package. Q vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting a package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken m pertaining to the state financial assistance provided through the Department by this Agreement. If the 06 Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the r- Department may take appropriate corrective action to enforce compliance. E t viii. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its Q designee, DFS or the Auditor General access to the Agency's records including financial statements, Packet Pg. 43 8.B.1.b OGC - 612016 Page 7 of 15 the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort_ Lauderdale, FL 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 Deliverables. The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061, m Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The. Department may L establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. U a� r 7.15 Property Acquisition. For real property acquired, submit: a� a) The date the Agency acquired the real property. M b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid N for real property. c) A statement by the Agency certifying that the appraisal and acquisition of the real property together with any (n attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency a - acquiring the real property. 7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests for od 00 reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: E t a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or r amendment to its application, or with respect to any document or data furnished with its application or pursuant to Q Packet Pg. 44 8.B.1.b QGC - 612016 Page 6 of 15 this Agreement; b) There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; d) There has been any violation of the conflict of interest provisions contained in this Agreement; e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or fj Any federal agency providing federal financial assistance to the Project suspends or terminates federal financial assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice w under this Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any o: or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be L computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise. U includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms a� and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a N reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by a - the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. 9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized m 00 representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project. E E t 10.00 Contracts of the Agency: a Packet Pg. 45 8.B.1.b OGC - 612016 Page 9 of 15 10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services: 10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act. 10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida Statutes. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as N defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole w or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and W regulations apply to this Agreement. d L) L_ The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or a� sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at N c the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from Q state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. a 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 00 11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of Q Packet Pg. 46 8.B.1.b OGC - 612016 Page 100115 compensation;. and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title Vlll - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.60 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Agency. c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. m 11.60Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the L_ United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. c 12.00 Miscellaneous Provisions: E E M 12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project will be 5)) carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The 'c Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. Q a 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other than the Agency. m 06 12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency 5 constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the E part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. r a Packet Pg. 47 8.B.1.b OGC - U2016 Page 11 o115 12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In c such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment. If the Agency disposes of any Project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Agency must remit said proportional amount to the Department within one (1) year after the official date of disposal. 12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section . 0 The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the a� participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the N evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that r party is responsible for all expenses at trial. (n 13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the constructing a- and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies Project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the m 00 Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a) All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b) The plans were developed in accordance with sound engineering and design principles, and with generally accepted r professional standards; Q Packet Pg. 48 OGC - 612015 Page 12 of 15 c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and °B" of this Agreement as well as the Scope of Services; and d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 Contingency of Payment The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 15.20 Multi -Year Commitment In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement The Agency agrees to complete the Project on or before 1213112019 . If the Agency does not w complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the D: Agency and granted in writing by the Department prior to expiration of this Agreement. Expiration of this Agreement will be m considered termination of the Project and the procedure established in Section 8.00 of this Agreement shall be initiated. The cost L of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. U a� 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the expiration of this Agreement. a� E a� m 17.00 Agreement Format All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all N genders. S Q 18.00 Execution of Agreement This Agreement may be simultaneously executed in a minimum .of two counterparts, each of a which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. m 19.00 Restrictions on Lobbying: c a� 19.10 Federal. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the E t Agency, to any person for influencing or attempting to influence any officer or employee of any federal 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 Q federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, Packet Pg. 49 occ -W2016 Page 13 of 15 and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section 55.03(?), Florida Statutes, will be due and payable, in addition to the Invoice amount, to the Agency. The 40 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within DFS. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime W may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on L_ leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public (; entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E a� m rn b) In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a c bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Q bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, a - subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. m c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the E construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or Q arrangement in connection with the Project or any property included or planned to be included in the Project in which Packet Pg. 50 OGC - 612016 Page 14 of 15 any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 23.00 Employment Eligibility (Using E-Verify). AgencyNendors/Contractors: a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement-, and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 24.00Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Packet Pg. 51 8.B.1.b oac . 612016 Page15 at 15 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME Chris Dzadovsky, Chairman SIGNATORY (PRINTED OR TYPED) SIGNATURE BOCC Chairman TITLE APPK�V�ED AS TO FORM AND'IGORRECTNAS UNTY DEPARTMENT Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTA N Director of Transportation Development TITLE LEGAL. REVIEW, DEPARTMENT OF TRANSP TATION See attached Encumbrance Form for date of Funding Approval by Comptroller � 314 a Packet Pg. 52 8.B.1.b Fin. Proj. No. 433147-1-94-01 Contract No: �- OM3 Agreement Date: (__i t -1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County. PROJECT LOCATION: Treasure Coast International Airport PROJECT DESCRIPTION: Install Segmented Circle Runway 10L128R SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables may be specified in subsequent agreements and/or task work orders related to this JPA. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: htti)://www.mvfloridaefo.com/aadir/docs/ContractandGrantManagementUserGuide.pdf r a Packet Pg. 53 Financial Project No. 433147-1-94-01 Contract No. G& 0 C?j Agreement Date c EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, -FL 34946 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FAA Agency Participation In -Kind Cash Other Maximum Department Participation, Primary DPTO Federal Reimbursable Local Reimbursable TOTAL PROJECT COST: $ 75, 000.00 $ 75, 000.00 ( 0 %) or $ 0.00 ( %) or $ ( 20 %) or $ 15,000.00 ( %) or $ ( 80 %) or $ 60,000.00 Lu ( %) or $ ( %) or $ m L_ $ 75,000.00 (D r c a� a� m i r c Q a i m 00 w c a� E r a Page 1 of 1 Packet Pg. 54 �� �. � 725- EXHIBIT C AVM AVIATION PROGRAM ASSURANCES OGC-03/15 Financial Project No. 433147-1-94-01 Contract No. c Agreement Date to 1 1 7 ' u_ This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Count 3000 Curtis King Boulevard Fort Pierce FL 34946 A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency'). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and Responsibilities" and Exhibit B, "Project Budget', as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida, 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. B. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following (latest version of each document): m a. Florida Statutes (F.S.) 00 w c - Chapter 163, F.S., Local Government Comprehensive Planning and Land Development E t - Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens r a Page 1 of 11 Packet Pg. 55 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 725-0 8.B.1.11b E AVIA j OGG - 03115 - Chapter 330, F.S., Requlation of Aircraft, Pilots, and Airports - Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce - Chapter 332, F.S., Airports and Other Air Navigation Facilities - Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) - Chapter 73C-41, FAC, Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments - Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection - Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports - Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements - Airport Zoning Ordinance - Local Comprehensive Plan d. Department Requirements - Eight Steps to Building a New Airport - Florida Airport Revenue Use Guide - Florida Aviation Project Handbook - Guidebook for Airport Master Planning Airport Compatible Land Use Guidebook c N V7 2. Construction Certification: The Agency hereby certifies, with respect to a construction -related project, that all design Lu plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation �- Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: L) L U a. Federal Requirements r c - FAA AG 70/7460-1, Obstruction Marking and Lighting E a� - FAA AC 150/5300-13, Airport Design rn - FAA AC 160/5370-2, Operational Safety on Airports During Construction N c - FAA AC 150/5370-10, Standards for Specifying Construction of Airports Q a b. Local Government Requirements m - Local Building Codes a'o c a� - Local Zoning Codes E t c. Department Requirements a Page 2of11 Packet Pg. 56 725- rr n 8.B.1.b EXHIBIT C AVM AVIATION PROGRAM ASSURANCES oGC-03115 - Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") - Manual on Uniform Traffic Control Devices - Section 14-60,007, Florida Administrative Code, "Airfield Standards for Licensed Airports" - Standard Specifications for Construction of General Aviation Airports - Design Guidelines & Minimum Standard Requirements for T Hangar Projects 3, Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - National Environmental Policy of 1969 - FAA Order 5050.4, National Environmental Policy Act Implementing instructions for Airport Projects - FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements - Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) - Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) - Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. 06 c b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. Q Page 3 of 11 I Packet Pg. 57 EXHIBIT "C" ass- AV I AVIATION PROGRAM ASSURANCES OGC-03/15 c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b, The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations, c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans ca w a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. t b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable Q Page 4 of 11 Packet Pg. 58 725- EXHIBIT C Avi AVIATION PROGRAM ASSURANCES oGc-a8115 consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan, 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. B. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue M c The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs Q of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of a the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure m 00 w a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the Q Page b of 11 Packet Pg. 59 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 725- AVI OGC - 03115 price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance r 0 N a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the w airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. L (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use U r for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must E first be approved by the Department. v' (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting r N c aeronautical use of the airport, Q b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during a- temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility m ao w a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will c E avoid any action that renders the airport ineligible for federal funding. b. ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. Q Page 6 of 11 Packet Pg. 60 EXHIBIT "C" AV 8.B.1.b I AVIATION PROGRAM ASSURANCES OGC-03115 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfleld Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Casts a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. m 06 b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of a� services. E t c. Make such material available for public review, unless exempt from public disclosure. r a Page 7 or 11 Packet Pg. 61 EXHIBIT "C" 725- AVI AVIATION PROGRAM ASSURANCES oGc-a3r15 (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACI P). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assuranoe or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22, Land Acquisition Projects For the purchase of real property, the Agency assures that it will: a. Laws; Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. a� (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. c (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days Q after completion of the review appraisal. a (5) Establish a project account for the purchase of the land. m (6) Collect and disburse federal, state, and local project funds. 00 c a� c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with E t Chapter 332, Florida Statutes, the Agency will comply with the following requirements: r a Page 8 or 11 Packet Pg. 62 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 725_ 8.B.1.b AVIATION OGC - 03116 (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For the disposal of real property the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as outlined in Section D.9. (5) For disposal of real property purchased with Department funding: N c (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any a airport -owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within m 06 ninety (90) days of closing of sale. c a� (c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and E the contract for sale must be approved in advance by the Department. r a Page 8 of 11 Packet Pg. 63 EXHIBIT " C" 7AVIA710N AVIATION PROGRAM ASSURANCES OGC-03115 (d) If any portion of the proceeds from the sale to the Agency is non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section 132 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or Z reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management S program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with a state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: Q; 00 a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an B agreement with that government body. r (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same Q Page 10 of 11 Packet Pg. 64 ., 725-CH1E EXHIBIT C AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Q Page 11 of 11 Packet Pg. 65 t 8.B.1.b Financial Project No. 433147-1-94-01 Contract No. GO G C( p � Agreement Date [ 7 EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 216.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: AVIATION GRANT PROGRAM CSFA Number: 55.004 *Award Amount: $60,000.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.004 is provided at: hugs://apps.fldfs.com/fsaalsearch6ataloq ash COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: hftps://ar)gs.fidfs.com/fsaa/searchCom2liance.aspx The State Projects Compliance Supplement is provided at: httos://agps.fldfs.com/fsaa/compliance.aspx r a Page 1 of 4 i F Packet Pg. 66 RESOLUTION 8.B.1.c WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement Grant, in the amount of $60,000, as funding for the Treasure Coast International Airport Segmented Circle Runway Project. 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 March, 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 140212-4220-334411-184604 FDOT-Transportation $60,000 APPROPRIATIONS 140212-4220-563000-184604 Infrastructure $60,000 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 MARCH 2O18. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 00 00 r c m E t a Packet Pg. 67 ITEM NO. (ID # 5087) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Howard Tipton, County Administrator County Administration Appointment to the Historical Commission DATE: 03/20/2018 *CONSENT AGENDA\ADMINISTRATION The District 2 seat on the Historical Commission is currently vacant due to the expiration of the former appointee's second term. Attached to this agenda item is an application from Richard McAfoos to fill the vacant seat. Based upon his application, Mr. McAfoos would appear to meet the member qualifications as set forth in Section 4.011.05, St. Lucie County Code of Ordinances. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Bonna's appointment of Richard McAfoos to fill the District 2 seat on the Historical Commission. COMMISSION ACTION: Coordination/Signatures 4 Danie s. McIntyre, Co my ttorney 3/8/2018 / ",,, Packet Pg. 68 ITEM NO. (ID # 5014) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Mark Satterlee, Deputy County Administrator County Administration Clearview Research Contract DATE: 03/20/2018 *CONSENT AGENDA\ADMINISTRATION Clearview Research is the firm currently assisting the County with the 2018 sales tax ballot initiative. Clearview has been conducting polling of city and county residents to determine the language for the ballot for which the County has spent $29,000. It is likely that further polling may occur in addition to using the firm's services for developing the education campaign messaging and materials. As the ballot question will be on the November 2018 ballot, it is likely that the $50,000 threshold for approval by the County Administrator will be exceeded. Staff does not anticipate spending in excess of $100,000 and therefore requests the Board authorize spending to that amount. Any further allocation to the initiative will require further Board authorization. Staff will also be encouraging the City of Port St Lucie and the City of Fort Pierce to participate in funding this effort. Staff is requesting the Board waive the bid process pursuant to Purchasing Manual Section 8.1.(a)(8) as the continued use of Clearview is in the best interest of the County. A contract for services is being prepared. PREVIOUS ACTION: Attached are two proposals for polling that have already been conducted. The first polling was done in December for $16,000-18,000. The second round of more targeted polling was conducted in early February for $11,000. FINANCIAL IMPACT: Funds are available in account string 001-1900-531000-100. RECOMMENDATION: Staff recommends the Board authorize the County Administrator to spend up to $100,000.00 with Clearview Research to assist with the 2018 Infrastructure Surtax Initiative, waive the bidding process and authorize the Chair to sign documents as prepared by the County Attorney. COMMISSION ACTION: Packet Pg. 69 Coordination/Signatures ianie/s.WMc'lnty're,nt, orney 3�2�2018 JInterim fiof dget Direct 3/2/2018 Updated: 3/8/2018 2:34 PM by Katrina Slay B Page 2 Packet Pg. 70 8.B.3.a PROJECT PROPOSAL Prepared for: St. Lucie County Prepared by: Steven 1. Vancore Kari Headings October 26, 2017 c lea r v iew St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 1 Packet Pg. 71 8.B.3.a clearv*iew Company Bio The principals at Clearview Polling and Research, LLC (Clearview) have been specializing in public opinion research in Florida since the mid-1980's. In addition to serving as general consultants on literally scores of campaigns, we have direct experience in every county in the state. We have worked for a wide variety of clients including: Political candidates (Determining constituent favorability and name ID, candidate and opponent messaging, and campaign strategy) Local governments (Analyzing topics such as property taxes, bonding issues, parks and recreation, transportation, and public infrastructure) Ballot initiative committees (Researching matters ranging from Zika mosquito control to Children's Services Councils, as well as local county sales tax referenda) Corporate entities (Completing branding and public opinion surveys, as well as focusing on critical legislative issues) Trade associations (Researching public opinion on policing policies, public safety initiatives, crisis management communications, insurance issues, and the impact of legislation on local policy) municipal, county, state legislative, circuit court, congressional, and statewide candidate races as well as local ballot initiatives and statewide amendment campaigns. The Sunshine State is our specialty, and we believe an in-depth and extensive knowledge of this state is vital, as Florida is as unique as it is diverse. Florida is our specialty. We believe an in-depth and extensive knowledge of this state is vital as Florida is as unique as it is diverse. Company Structure Steven J. Vancore, President Mr. Vancore is the President of Clearview Research. He received his Bachelor's degree in Business and his Masters degree in Marketing Communications from the Florida State University. Mr. Vancore has over 30 years experience conducting research into voters and voter behavior, conducting polls and focus groups throughout the state since 1986. He also serves as an adjunct instructor in the Master's of Applied American Policy and St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 2 Packet Pg. 72 8.B.3.a c lea r v iew Politics program at Florida State University and was named among the "Brightest Minds in Florida" by the leading political blog in the state, and, according to Marc Caputo of Politico, "produces some of the state's best polls." Andrew F. Jones, Managing Partner Mr. Jones is the Managing Partner of Clearview Research. He oversees the operations of the firm and serves as an account executive for all clients. Kari Headings, Director of Polling & Research Mrs. Headings is the Director of Polling and Research and has served in that role since the inception of Clearview Research. She handles research and data analytics as well as working closely with Mr. Vancore on statewide association/organization projects. Mrs. Headings received both her Bachelor's and Master's degrees in Political Science from the Florida State University. Vanessa Butwell, Polling Coordinator Ms. Butwell is the Polling Coordinator for Clearview Research. She assists with research and polling coordination. Ms. Butwell received both her Bachelor's and Master's degrees in Political Science from the Florida State University. Experience The principals at VancoreJones have been engaged in and conducted political campaigns since the mid-1980s. Below is a small sampling of past efforts we have spearheaded that are relevant to the client's needs: In 1988, Steve Vancore served as one of several pollsters and lead research demographer in the successful statewide campaign to defeat Amendment 10 and has been polling on ballot items extensively ever since. In 2005, VancoreJones Communications, Inc. ran a local ballot initiative asking City of Tallahassee voters (who are notoriously liberal) to support the City's involvement in a local coal plant. The measure, despite initial polls showing understandably STRONG anti -coal sentiments, passed overwhelmingly (60%-40%.) St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 3 Packet Pg. 73 8.B.3.a v*iew clea r In 2006, we were asked to help defeat two charter amendments in Volusia and Pinellas Counties. With a limited budget and initial polls showing our client fifteen points behind, we not only won both initiatives, but our mail pieces were recognized as among the best in the country by the American Association of Political Consultants. In 2014, we engineered two ballot initiative victories. One was a Children's Service Council reauthorization and the other an infrastructure sales tax. The St. Lucie County Children's Services Council passed with 86% of the vote —the highest "yes" vote for a county referendum in the state. This was the first time we applied a newly - developed model for local ballot initiatives and, as a result, both earned the highest voter approval in the state in each of their respective categories. In 2016, we spearheaded eight (8) local ballot initiatives in: Bay, Manatee St. Lucie, Monroe, Polk, and Palm Beach Counties and won 7 out of the 8. (The seven winners applied our model while the team behind the one that failed did not.) Also during that cycle, we assisted on two local municipal charters in Lake Worth and Boynton Beach, both of which passed. Services Clearview Research will: Design a questionnaire; all questions will be approved by the client before the interviewing begins; Design a model for the data according to statistical and social science standards to ensure the sample correctly reflects the likely voting population of the county; Utilize a professional survey telemarketing center to contact the pre -approved number of respondents (using live operators); Ensure calls are conducted via landlines and cell phones; Provide top -lines and a cross -tabulation report of the data; Provide a strategic report analyzing the findings; Have the necessary meetings or teleconferences with the client to review results; and Provide ongoing consulting services related to the findings and recommendations of the project. St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 4 Packet Pg. 74 8.B.3.a cleary Timeline iew We will begin questionnaire design and development within 24 hours of project approval. We will conduct the poll as directed by the client. Once we enter the field and begin calling, we anticipate completing the surveys within 5-7 business days and will provide preliminary reports within 48 hours of survey completion. Budget Estimate Below is a cost estimate for 400 completed interviews for the survey based on the estimated length of the survey. These budget numbers are preliminary and are subject to change. Costs will go up or down, depending on the length of the questions and resulting questionnaire. An updated cost estimate will be provided to the client, upon approval of the final polling questionnaire. St. Lucie Poll: n=400 Approximate Fielding Date: TBD $16,000 - $18,000 Approximately 10-12 Minutes in Length *(30-35 Questions including demographics) Termination The client may cancel this agreement with a 30-day written notice to Clearview Research. However, the client agrees to pay all outstanding invoices, expenses or fees, including pro rata fees, for the 30-day cancellation period. Travel and lodging is not including in the above estimates. St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 5 Packet Pg. 75 8.B.3.a cleary Execution Accepted by the following: iew St. Lucie County Leadership Clearview Polling & Research, LLC By: By: Date: Date: Print Name: Print Name: St. Lucie County Polling Proposal — October 26, 2017 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com Packet Pg. 76 8.B.3.b PROJECT PROPOSAL Prepared for: St. Lucie County Prepared by: Steven J. Vancore Kari Headings January 31, 2018 clea vi'ew RESEARCH, LLC. St. Lucie County Polling Proposal —January 31, 2018 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 1 Packet Pg. 77 8.B.3.b clea vi'ew RESEARCH, LLC. Overview Clearview Polling and Research, LLC (Clearview) has been asked to complete a follow-up poll among likely voters in St. Lucie County. The poll will test additional ballot language and messaging for the furtherance of a sales tax referendum. Services Clearview Research will: Design a questionnaire; all questions will be approved by the client before the interviewing begins; Design a model for the data according to statistical and social science standards to ensure the sample correctly reflects the likely voting population of the county; Utilize a professional survey telemarketing center to contact the pre -approved number of respondents (using live operators); Ensure calls are conducted via landlines and cell phones; Provide top -lines and a cross -tabulation report of the data; Provide a strategic report analyzing the findings; Have the necessary meetings or teleconferences with the client to review results; and Provide ongoing consulting services related to the findings and recommendations of the project. Timeline We will begin questionnaire design and development within 24 hours of project approval. We will conduct the poll as directed by the client. Once we enter the field and begin calling, we anticipate completing the surveys within 5-7 business days and will provide preliminary reports within 48 hours of survey completion. St. Lucie County Polling Proposal —January 31, 2018 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 2 Packet Pg. 78 8.B.3.b clea vi'ew RESEARCH, LLC. Budget Estimate Below is a cost estimate for 400 completed interviews for the survey based on an estimated survey length of 7 minutes. These budget numbers are preliminary and are subject to change. Costs will go up or down, depending on the length of the questions and resulting questionnaire. An updated cost estimate will be provided to the client, upon approval of the final polling questionnaire. St. Lucie Poll: n=400 Approximate Fielding Date: TBD $11,000.00 Approximately 7 Minutes in Length *(15-20 Questions including demographics) Termination The client may cancel this agreement with a 30-day written notice to Clearview Research. However, the client agrees to pay all outstanding invoices, expenses or fees, including pro rata fees, for the 30-day cancellation period. Travel and lodging is not including in the above estimates. St. Lucie County Polling Proposal —January 31, 2018 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com 3 Packet Pg. 79 8.B.3.b clea vi'ew RESEARCH, LLC. Execution Accepted by the following: St. Lucie County Leadership Clearview Polling & Research, LLC By: By: Date: Date: Print Name: Print Name: St. Lucie County Polling Proposal —January 31, 2018 Clearview Polling and Research, LLC 906 Thomasville Road, Tallahassee, Florida 32303 T 850.681.8530 http://clearview-research.com Packet Pg. 80 8.C.1 ITEM NO. (ID # 5069) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *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 February 1, 2018, February 8, 2018, February 15, 2018 and February 22, 2018. COMMISSION ACTION: Packet Pg. 81 8.C.1 Coordination/Signatures Danie S. McIntyre, County ttorney 3/8/2018 .13LV y er, De y Coutny Administrator 3/9/2018 Updated: 2/28/2018 10:13 AM by Stephanie Bush Page 2 Packet Pg. 82 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. 83 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. 84 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 5. 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. 85 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. S. 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. 86 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 extpnrlarl by JOSEPH E. SMITH, CLERIC of THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4396595 01/3112018 05:04.37 PM OR BOOK 4092 PAGE 1534 - 1535 Doc Type: MS RECORDING: $18-50 Packet Pg. 87 8.C.1.b c-mergency 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 1st day of February, 2018 at 6:00 Public Safety Director Packet Pg. 88 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE S 4407074 02/1512018 03.50:56 PM OR BOOK 4098 PAGE 728 - 729 Doc Type: ORD 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. 89 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 8th day of February, 2018 at 6:00 Ron Parris Public Safety Director Packet Pg. 90 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 Packet Pg. 91 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 15th day of February, 2018 at 6:00 Ron Varrish Public Safety Director Packet Pg. 92 8.C.1.e ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) E L 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 3 x state of local emergency, dated September 7, 2017; and c as WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, a, w destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the 76 0 J majority of the County's residents without electrical power; and o vast c o WHEREAS, on September 14, 2017, the Public Safety Director extended the state of U H V 5 d local emergency declared for St. Lucie County for additional seven day periods; and it . t U � u � WHEREAS, the Board of County Commissioners ratified the Declarations declaring and o r extending the local state of emergency by unanimous vote at public meetings following each of Y o 00 LUU Z N c N z U u the Declarations; and Uj "U c 2 J Vl WHEREAS, the entire coastline of the County suffered heavy damage from the storm, o a u '"u w and the County is actively engaged in disposing of debris removed from public and private right as a� L of ways, removing debris from the beaches and repairing dunes and dune walkovers; and E w WHEREAS, extending the declaration of state and local emergency facilitates the c County's ability to effectively respond to emergency conditions along the beaches and r0 0 as c otherwise implement emergency protective measures to mitigate future losses. T U NOW THEREFORE, in accordance with the emergency power vested in the County o0 c as pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by a Packet Pg. 93 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. DONE AND ORDERED in St. Lucie County, Florida, the 22nd day of February, 2018 at 6:00 pm. Ron P#rrish Public Safety Director Packet Pg. 94 8.C.2 ITEM NO. RES-2018-36 J DATE: 03/20/2018 41, ` R I ID A AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Budget Resolution - Accepting funds in the form of Insurance Recovery from Employers Mutual, Inc. in the amount of $1969.50 for reimbursement of defense costs in an Inverse Condemnation Lawsuit BACKGROUND: St. Lucie County is represented by Caldwell Pacetti Edwards Schoech & Viator, LLP in an Inverse Condemnation lawsuit. The County's insurer, Employers Mutual Inc., has reimbursed the County for their share of defense costs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Reimbursement funds in the amount of $1969.50 will be added to revenue account string #001-1410- 369930-100 (Reimbursements) RECOMMENDATION: Staff recommends Board approval of the budget resolution accepting the Insurance Recovery and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures 4aniefS. WMc1ntyre,-4qtorney 2/28/2018 lenni Hill, Interim ffic of and B dget Direct r 2128/2018 Packet Pg. 95 8.C.2.a RESOLUTION �o WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. N Lucie County, certain funds not anticipated at the time of adoption of the budget have become available W from Employers Mutual, Inc., in the amount of $1,969.50, as reimbursement for the County's share of 00 defense costs in an Inverse Condemnation Lawsuit. 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 March, 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 001-1410-369930-100 Reimbursements $1,970 APPROPRIATIONS 001-1410-531000-100 Professional Services $1,970 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 MARCH 2O18. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 96 8.C.3 ITEM NO. (ID # 5071) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Celebration Pointe Community Development District - Dissolution of District Attached is a copy of a letter dated February 15, 2018, from Rich Hans. As outlined in Mr. Hans' letter, the Celebration Pointe Community Development District Board of Supervisors has requested that the Board of County Commissioners dissolve the District. Section 190.046(10), Florida Statutes provides that "if a district has no outstanding financial obligations and no operating or maintenance responsibilities upon petition by the district the district may be dissolved by a nonemergency ordinance of the general purpose local government entity that established the district...." In 2006, the County adopted Ordinance No. 06-014 a copy of which is attached, creating the Celebration Pointe Community Development District. Attached is a copy of a draft ordinance which if adopted, would repeal Ordinance No. 06-014. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise a public hearing to consider an ordinance repealing Ordinance No. 06-014 which created the Celebration Pointe District. COMMISSION ACTION: Packet Pg. 97 8.C.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/2/2018 rk 5 er ee, 6e PW c o u n i'Y-Ad ministrato 3/12/2018 updated: 3/2/2018 2:27 PM by Stephanie Bush Page 2 Packet Pg. 98 8.C.3.a Celebration Pointe Community Development District 5385 N. Nob Hill Road Sunrise, FL 33351 954-721-8681 Telephone 954-721-9202 Facsimile February 15, 2018 Via Overnight Mail Howard Tipton County Administrator FEB 21 2018 St. Lucie County BOCC 2300 Virginia Avenue-01,1NTYy 70R-. &L` Fort Pierce, FL 34982 Re: Dissolution of Celebration Pointe Community Development District Mr. Tipton: Enclosed please find fully executed Petition to Dissolve the Celebration Pointe Community Development District (the "District") along with exhibits. On behalf of the District Board of Supervisors, we respectfully request that the County Commission look favorably upon the Petition and grant the Petition dissolving the District in accordance with Florida law. To coordinate the County's consideration of the Petition, I am also providing the contact information for District Counsel and the Landowner's Counsel in the event the County Attorney or staff needs additional information or would like to discuss the Petition. District Counsel: An,hony A Garganese, Esquire Board Certified City, County & Local Government Law Garganese, Weiss, D'Agresta, & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 Phone (407) 425-9566 Email: aaparganese@oriandolaw_.net RECEIVE FEB 16 Z018 CO, ADMNSTRATION d ti 0 Packet Pg. 99 8.C.3.a Mr. Howard Tipton Page Two Contact Information for Landowner Representative: Wesley Haber, Esquire Hopping Green & Sams 119 S. Monroe Street, Suite 300 Tallahassee, Florida 32301 Phone (850) 222-7500 Email: WesH@hgslaw.com Also, please feel free to contact our office should you have any questions or need additional information. Thank you. 7Sin ei ich Hans District Manager RH/jh ti Cc: Anthony A Garganese, Esquire Wesley Haber, Esq. CO Enc: Packet Pg. 100 8.C.3.a TO DISSOLVE THE CELEBRATION POINTE RAKWT1TVTt) ri YTY. t ltTl RY'+L?Yr1 riYl`lrYlriY!\T- COMES NOW Petitioner, Celebration Pointe Community Development District, ("Petitioner" or "District"), and hereby petitions the Board of County Commissioners of St. Lucie County, Florida ("County"), pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, to repeal St. Lucie County Ordinance No. 06-014 ("Ordinance"), and thereby dissolve the District. In support of this Petition, Petitioner states: 1. ESTABLISHMENT. The District was established by St. Lucie County Ordinance No. 06-014, effective May 26, 2006, and is located entirely within the unincorporated boundaries of St. Lucie County, Florida. A location map, and a metes and bounds description of the existing boundaries of the District, are attached as EXHIBIT I. 2. DISSOLUTION IS IN THE BEST INTERESTS OF THE DISTRICT; LANDOWNER CONSENT. The District was established over a decade ago, and, due to economic conditions, the underlying project has never developed according to plan. Instead, all of the land within the District still remains in a single landowner and in a dormant state. N Celebration Pointe Property Development, LLC, a Florida limited liability company ("Developer"), has recently acquired all lands within the District and has consented to have the ->'a District dissolved in order to return the project to productive use, after its longstanding Q dormancy. Accordingly, it is in the best interest of the District and the owner of the lands located within the District that the District be dissolved. Any future planned community o development services to be provided to the lands within the District may be provided by and n through the Developer, a community association or other means in a manner as efficiently as the E District; at a level of quality equal to the level of quality to be delivered to the users of those a services by the District; and at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the District. Additionally; the dissolution of the o District will have no negative or adverse impacts on any of the landowners within the District, or 00 any third parties. 7 3. STATUTORY AUTHORITY FOR DISSOLUTION. Section 190.046(10) of the Florida Statutes provides, with emphasis added: pur rase local oyernmental errtrty tliat destabltshed' the'ddistrict or, if the district was established by rule of the Florida Land and Water Adjudicatory Commission, the district may be dissolved by repeal of such rule of the commission." 4. NO OUTSTANDING OBLIGATIONS. Here, the District and the Developer have entered into that certain Agreement Between The Celebration Pointe Community Development District And Celebration Pointe Property Development, LLC Regarding The Packet Pg. 101 8.C.3.a Dissolution Of The District And Acquisition Of Real Property, Infrastructure, Permits And Assets, dated January , 2018 ("Acquisition Agreement"), to convey, assign or transfer all of the District's real property interests, infrastructure, permits and work product to the Developer so the Developer can complete the construction of the project without the District. A copy of the Acquisition Agreement is attached hereto as EXHIBIT 2. The District's Board of Supervisors is scheduled to consider final ratification and approval of the Acquisition Agreement at the Board's next duly held meeting which is scheduled to occur on February 13, 2018. However, if the Acquisition Agreement is not ratified and approved by the Board, the District and Developer have agreed that the Acquisition Agreement will be deemed null and void as described in more detail 111 the Acquisition Agreement. At such time the District is dissolved by the County, the District will not have any outstanding financial obligations, and will not have any operating or maintenance responsibilities. For example, the District will no longer own any real property or infrastructure improvements or have any outstanding permit responsibilities pursuant to the Acquisition Agreement; the District does not presently have any outstanding bonds, notes or other debt instruments; and the District does not presently have any debt service special assessments levied against the assessable real property located within the District. Further, as an organizational matter, the District does not anticipate providing any future planned community development district services or improvements, or providing any financing for the same. 5. DISSOLUTION FUNDING. Any remaining expenses associated with this dissolution or the continued administrative operation of the District during the pendency of this dissolution are being funded under a Funding Agreement, dated , ("Funding Agreement") between the District and Developer, the sole landowner within the District. A copy of the Funding Agreement is attached hereto as EXHIBIT 3, As such, all outstanding obligations have been paid or will be paid upon dissolution. Any unused operations and maintenance assessments collected by the District from the Developer as the sole landowner shall be returned to the Developer upon dissolution. 6. BOARD ACTION AUTHORIZING DISSOLUTION PROCEEDINGS. On ~ 0 u� August 8, 2017, the District's Board of Supervisors, authorized the District to proceed with 0 dissolution, and the District's Board of Supervisors is scheduled to consider final ratification and r Lh approval of this Petition and the Acquisition Agreement at the Board's next duly held meeting which is scheduled to occur on February 13, 2018 in furtherance of supporting this Petition and o otherwise pursue the completion of the dissolution of the District in accordance with Section 190.046(10), Florida Statutes. The aforesaid action to proceed with the dissolution was taken by = the Board of Supervisors at a duly authorized meeting. A copy of the unofficial draft minutes from the August 8, 2017 meeting are attached hereto as EXHIBIT 4. In the event that the Board does not ratify and approve this Petition and Acquisition Agreement at the aforesaid c meeting, the District will notify the County in writing that the Petition was not ratified and L approved by the Board and this Petition will be deemed withdrawn and null and void. 2 are; 7. SUPERVISORS. The current members of the District's Board of Supervisors a. Daniel Roberts 5385 N. Nob Hill Road Sunrise, FL 33351 Packet Pg. 102 8.C.3.a b. Cynthia K. Oldsen 5385 N. Nob Hill Road Sunrise, FL 33351 c. Denisez Bravo 5385 N. Nob Hill Road Sunrise, FL 33351 d. Donna Hagedorn 5385 N. Nob Hill Road Sunrise, FL 33351 Each of the above named Supervisors will continue to serve until such time as the District is dissolved or until any successors inay be elected or appointed. 8. OFFICIAL RECORDS. Upon repeal of the Ordinance, the District will cause all official records of the District to be transferred to the Florida Secretary of State in accordance with Florida public records laws. 9. NOTICE OF DISSOLUTION. Upon repeal of the Ordinance, the District will cause to be recorded in the Official Records of St. Lucie County, Florida, a Notice of Dissolution. WHEREFORE, because the District has no outstanding financial obligations and no N operating or maintenance responsibilities and accordingly has met the requirements for dissolution as provided in Section 190.046(l 0), Florida Statutes (2017). and for the other reasons a herein stated, Petitioner respectfully requests that the County; 0 a. grant the Petition and repeal the Ordinance pursuant to Section 190.046(10), 00 Florida Statutes; and r Lh b. grant such other relief as appropriate. RESPECTFULLY SUBMITTED, this f I day of February, 2018. CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT By: j 3 Packet Pg. 103 8.C.3.b ORDINANCE NO.06-014 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING POWERS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida N r Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. Q 0 r 2. Mercedes Homes, has filed with the Board a petition for the establishment of a c community development district, which petition contains the information required by Section N 190.005(l)(a), Florida Statutes. E L d 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on May 16, 2006, after publishing notice of such hearing in the Tribune on o April 19 and 26 and May 3 and 10, 2006; and: r (a) The Board has considered the record of the public hearing and the factors 9 set forth in Section 190.005(1)(e), Florida Statutes, and has found that: c 14 (b) All statements contained within the petition are true and correct; (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; ugh portions are deleted. Underlined portions are added. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2869385 05l3012006 at 09:48 AM &AATTYNOR DNANGE12006\06-14 rev OR BOOK 2575 PAGE 692 - 697 Doc Type: ORDN RECORDING: $52.50 Packet Pg. 104 8.C.3.b (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) The community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XIV "CELEBRATION POINTE" COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-159. Established; name The Celebration Pointe Community Development District is hereby established. Section 1-6.5-160. Boundaries The boundaries of the Celebration Pointe Community Development District are as set forth in the legal description below, o Celebration Pointe CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 1-6.5-161 Initial Board of Supervisors The following five persons are designated as the _initial members of the Board of Supervisors of the Celebration Pointe Community Development District_: Robert M. Kush, Ken Mitchell James L. Sigmund, Rob Smithwick and Kevin Gillen. portions are deleted. Underlined portions are added. -Z- G:IATTY\OR[)NANCE\2006\06-14 rev Packet Pg. 105 8.C.3.b 4- 0 c 0 Section 1-6.5-162. Powers o The Celebration Pointe Communi1y Development District shall have all those general o powers granted to Section 190.011, and those special powers granted pursuant to Section 190.012 1 and (3). Consent is herebygiven to the District to exercise those powers y relatingto Recreation and Securi contained in Section 190.012 (2)(a) and d subject to the o following limitations. _ -- 0) E 1. The Celebration Pointe Communi1y Development District shall not provide water 2 or wastewater service to the lands located within or outside the boundaries of the District. 0 2. The Celebration Pointe Communily Development District shall not be authorized to construct fire stations or provide for fire trucks or other vehicles and equipment related thereto. E 0 U Section 1-6.5-163 Special Conditions 0 a- 1. The Celebration Pointe Community Development District will use its best efforts c to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district propegy as one functional interrelated community. 2. The Celebration Pointe Conugunily Development District shall take no action a� which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. r > 3. No publicly owned propegy that ma be located or acquired within the legal Q 0 description of this Community Development District shall be assessed for, or obligated in any c way to pay for the infrastructure constructed, maintained, or operated by the Community N Development District described in section 1.6-5.151 above. E L 4. The Celebration Pointe Community Development District shall take affirmative d a steps to provide for the full disclosure of information relating to the public financing and o maintenance of improvements to real property undertaken by the district. Such. information shall be made available to all existinu residents, and to all prospective residents, of the district. The r district shall furnish each develo er of a residential development within the district with 9 sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy,and any developer of a residential development within the district z° when required by law to provide a public offering statement shall include a co of such information relating to the public financing and maintenance of improvements in the 12ublic c offering statement. a 0 M S*F-wek shrougk portions are deleted. U ao Underlined portions are added. c a) -3- E G:\ATTY\ORDNANCE\2006106-14 rev c.> R r Q Packet Pg. 106 8.C.3.b 5. Following; the establishment of the Celebration Pointe Community Development District, as provided for in Sections 1-6.5-159 and 1-6.5-160 above, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the District shall include immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the We in the remaining text of the contract: "THE (Name of District COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY, THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. o PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Strael1hroagh portions are deleted. Underlined portions are added. -4- G.\ATTY\ORDNANCE\2006\06-14 rev Packet Pg. 107 8.C.3.b PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Douglas Coward AYE Vice Chairman Chris Craft AYE Commissioner Joseph E. Smith AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson ABSTAINED PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 16th day of May, 2006. BOARD OF COUNTY COM.I01113I5 ST. LUCIE CO NTY, Chairman APPROV D AS TO CORREC ,,, 7 ,, County Attorn�j ugh portions are deleted. Underlined portions are added. -5- G.\ATMORDNANCE\2006\06-14 rev Packet Pg. 108 8.C.3.b EXHIBIT "A" Parcel 1: The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 LE55 the West 40 feet for right-of-way and LE55 canal right-of-way, Section 18, Township 35 South, Range 40 East. Parcel 2: The East 1/2 of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 lying West of Canal 29, in Section 18, township 35 South, Range 40 East. Parcel 3: The South 330.42 feet of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS the north 97.32 feet of the West 143 feet of the East 163 feet AND the South 330.52 feet of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 18, Township 35 South, Range 40 East LESS road right-of-way. Parcel 4: The South 1/4 of the Northwest of the Northeast 1/4 of the Southwest 1/4 and the South 1/4 of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 AND the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LE55 the South 330.52 feet and LESS a Tract 143 feet x 207.28 feet and the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 LESS the South 330.52 feet of Section 18, Township 35 South, Range 40 East, LESS road right-of-way. Parcel 5: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4, LESS canal right-of- way, and the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4, LESS the East 40 feet and Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 LESS the North 30 feet of the East 5 feet of Section 18, Township 35 South, Range 40 East. Parcel 6: The North 3/4 of the West 1/2 of the Northwest 1/4 of 5ection 18, Township 35 South, Range 40 East, Less and Except the West 40 feet for road right-of-way and Less and Except Road and Canal rights -of -way. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. Packet Pg. 109 8.C.3.c ORDINANCE NO. 18-XXX AN ORDINANCE REPEALING ORDINANCE NO. 06-014 WHICH ESTABLISHED THE CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT; AMENDING CHAPTER 14 "COMMUNITY DEVELOPMENT" OF THIS CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA TO DELETE ARTICLE XIV "CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT" AND SECTIONS 14-292, 14-293, 14-294, 14-295 FROM THIS CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 16, 2006, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 06-014, creating the Celebration Pointe Community Development District. 2. The Board of Supervisors of the Celebration Pointe Community Development District filed a petition this Board requesting that the Board dissolve the District pursuant to Section c 190.046(10), Florida Statutes (2017). 3. The District has stated that the District has no outstanding financial obligations and no operating or maintenance responsibilities. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. REPEAL OF ORDINANCE NO. 06-014. Part 1. Ordinance No. 06-014, adopted on May 16, 2006, is hereby repealed. Part 2. Article XIV "Celebration Pointe Community Development District" of Chapter 14, "Community Development" of the Code of Ordinances is deleted as follows: 71Msr- M (Code 1982, § 1-6.5-159; Ord. No. 06-014, pt. A, 5-16-2006) State Law reference — Authority to establish community development district, F.S. § 190.005. Packet Pg. 110 8.C.3.c (Code 1982, § 1-6.5-160; Ord. No. 06-014, pt. A, 5-16-2006) Editor's note— The document referred to as Exhibit A, attached to Ordinance No. 06-014, is not printed herein, but is on file and available for reference in the offices of the county. EL fore stations or provide for fire trucks or other vehicles and equipment related thereto. 0 (Code 1982, § 1-6.5-162; Ord. No. 06-014, pt. A, 5-16-2006) o c� .. ■_ ■ .. ■_ ■ --- - ----- - - - --- --- -- - -- - - - WIN MIN -- -- -- - -MEAMMMI Packet Pg. 111 8.C.3.c - - --- - - - -- -- - - -- - -- - - - - - - - 1111 MINIM ■ . ■ . , ■ . . , , ., �...■ ., .• .■■ ., 11 (Code 1982, § 1-6.5-163; Ord. No. 06-014, pt. A, 5-16-2006) Secs. 14-296-14-318. - Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: ti 0 Packet Pg. 112 8.C.3.c Chair Frannie Hutchinson XXX Vice Chair Linda Bartz XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinance of St. Lucie County, Florida, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this 17th day of April, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair r ti O APPROVED AS TO FORM AND CORRECTNESS: nn BY: County Attorney Packet Pg. 113 TO: 8.C.4 ITEM NO. (ID # 5061) DATE: 03/20/2018 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: First Amendment to Interlocal Agreement (CO2-09-159) - Operation of Mobile Command Unit BACKGROUND: On September 24, 2002, the County entered into an Interlocal Agreement with the Sheriff, the Fire District and the City of Fort Pierce wherein the parties agreed to provide funding for the purchase and operation of the Mobile Command Unit. The City of Port Saint Lucie now desires to participate in the maintenance and operation of the Mobile Command Unit. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the proposed First Amendment and authorize the Chair to sign the Interlocal as drafted by the County Attorney. COMMISSION ACTION: Packet Pg. 114 8.C.4 Coordination/Signatures Danie 5. McIntyre, County ttorney 3/5/2018 .13LV y er, De y Coutny Administrator 3/5/2018 Updated: 2/27/2018 9:23 AM by Carol Bishop Page 2 Packet Pg. 115 8.C.4.a FIRST AMENDMENT TO SEPTEMBER 24, 2002 INTERLOCAL AGREEMENT CONCERNING THE PURCHASE AND OPERATION OF THE MOBILE COMMAND UNIT THIS FIRST AMENDMENT is made this day of 12018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), the ST. LUCIE COUNTY SHERIFF, a Florida Constitutional Officer ("Sheriff'), the ST. LUCIE COUNTY FIRE DISTRICT ("Fire District"), the CITY OF FORT PIERCE ("City'), and the CITY OF PORT SAINT LUCIE ("PSL") for the Mobile Command Unit ("Unit"). WHEREAS, on September 24, 2002, the County entered into an Interlocal Agreement with the Sheriff, the Fire District, and the City, referred to as the "Agreement", which was recorded in Official Records Book 1632 at page 2105, of the public records of St. Lucie County, Florida, wherein the parties agreed to provide funding for the purchase and operation of the mobile command unit. WHEREAS, the City of Port Saint Lucie desires to participate in the maintenance and operation of the Mobile Command Unit. NOW, THEREFORE, in consideration of their mutual promises contained here, the parties agree to amend the Agreement as follows: 1. The City of Port St. Lucie will enter into this First Amended Interlocal Agreement for the maintenance and operation of the unit. 2. Paragraph 4: (MAINTENANCE; STORAGE; PARTS; INSURANCE:) is hereby amended to read as follows: The parties agree that the Unit shall be stored inside a garage located at the Emergency Operations Center, 15305 W. Midway Road, Fort Pierce, (St. Lucie County), Florida. The Fire District agrees to provide routine maintenance (labor only) on the Unit at no cost. The cost of any replacement parts shall be shared equally by the parties. In the event that the Unit requires outside repair the cost will be shared equally by all of the parties. The Sheriff agrees to purchase property damage insurance covering the Unit. 3. Paragraph 5: (OPERATIONS) is hereby amended to read as follows: The Sheriff will provide staff who are properly trained in the operation of all components of the Unit and who are available upon callout to the Emergency Operations Center to have the Unit respond to any scene as needed. 4. Paragraph 9: (NOTICE) is hereby amended to read as follows: to 0 Packet Pg. 116 8.C.4.a c E All notices or other communications hereunder shall be in writing and shall be deemed duly E given if delivered in person or sent by certified mail, return receipt requested, and addressed as v a� follows: 0 If to County: With copy to: o c 0 r St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue °- O Administration Annex Administration Annex , Fort Pierce, Florida 34982 Fort Pierce. Florida 34982 as If to Sheriff: With copy to: U St. Lucie County Sheriff Office of the General Counsel 4700 West Midway Road 4700 W. Midway Road Fort Pierce, Florida 34950 Fort Pierce, FL 34981 If to the City: With a copy to: Fort Pierce City Manager Fort Pierce City Attorney Post Office Box 1480 Post Office Box 1480 Fort Pierce, Florida 34954 Fort Pierce, Florida 34954 If to the Fire District: St. Lucie County Fire District Chief 2400 Rhode Island Avenue Fort Pierce, Florida 34950 co 0 LO If to PSL: With a copy to: Port St. Lucie City Manager Port St. Lucie City Attorney 121 SW Port St. Lucie Blvd. 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 Port St. Lucie, Florida 34984 5. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. Packet Pg. 117 8.C.4.a BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM & CORRECTNESS: BY: 1 Tj11101*v*5 County Attorney ST. LUCIE COUNTY SHERIFF BY: Ken Mascara, Sheriff WITNESSES: ST. LUCIE COUNTY FIRE DISTRICT Q BY: o L Chairman 0 r ATTEST: CITY OF FORT PIERCE r c E c BY: a� E City Clerk Mayor N L U- APPROVED AS TO FORM & CORRECTNESS: r to 0 BY: Q City Attorney ATTEST: CITY OF PORT ST. LUCIE c c R E BY: BY: E 0 U City Clerk Mayor 0 APPROVED AS TO FORM & CORRECTNESS: v BY: 00 City Attorney S:Atty/Agreements/Interlocals/Mobile Command Unit— 1A E Packet Pg. 118 8.C.4.b Carol Bisho From: Tammy Schwab <SchwabT@stluciesheriff.com> D Sent: Friday, February 23, 2018 12:47 PM To: Carol Bishop Subject: RE: Amendment to Interlocal Agreement E 0 U a� It was sent to the other entities and Chief Wilson said it's okay for the board to move forward. o Thank you. o cc From: Carol Bishop [mailto:bishopc@stlucieco.org] a Sent: Friday, February 23, 2018 12:43 PM O To: Tammy Schwab <SchwabT@stluciesheriff.com> Subject: RE: Amendment to Interlocal Agreement m Great, thank you. Do I need to wait for any other approvals or should I agenda it for board approval? From: Tammy Schwab [mailto:SchwabT@stluciesheriff.com] Sent: Friday, February 23, 2018 12:42 PM To: Carol Bishop <bishopc@stlucieco.org> Subject: RE: Amendment to Interlocal Agreement Chief Wilson has reviewed and approved the changes. Thank you. From: Carol Bishop [mailto:bishopc@stlucieco.org] Sent: Friday, February 16, 2018 3:38 PM To: Tammy Schwab <SchwabT@stluciesheriff.com> Subject: RE: Amendment to Interlocal Agreement Hi Tammy, Katherine Barbieri, Assistant County Attorney, has made some changes to the Amendment. L ii Please have it reviewed and approved. Once approved, we will agenda for BOCC approval. c Thank you. P Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1419 (772) 462-1440 — Fax bishopc@stiucieco.org "IS a 2o17 places to work Packet Pg. 119 8.C.4.b From: Tammy Schwab[mailto:SchwabT@stluciesheriff.com] Sent: Monday, February 05, 2018 1:49 PM To: Carol Bishop <bishopc@stlucieco.org> Subject: Amendment to Interlocal Agreement Good afternoon: Attached is a memo from Chief Deputy Garry Wilson concerning an amendment to the mobile command unit interlocal agreement. Please let me know if any additional paperwork is needed to proceed with this amendment. Both police departments and the fire district are aware and agree to the changes. Thank you, �GYE Cp6 E F;S 0 Tammy Schwab Administrative Assistant I Office of the Chief Deputy Ken J. Mascara, St. Lucie County Sheriff 4700 West Midway Road I Fort Pierce, FL 34981 Office: (772) 462-3210 1 Fax: (772) 489-5851 schwabt@stiuciesheriff.com I www.stluciesheriff.com Please note: Florida has a very broad Public Records Law. Most written communications to or from the St. Lucie County Sheriffs Office are public records available to anyone upon request. Your e-mail, including your e-mail address, may therefore, be subject to public disclosure. Please Note, Florida has very broad public; records laws. Most written communications to or from County officials regarding County business are public records V_ available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ' to or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials frorn all computers. Please note: Florida has a very broad Public Records Law. Most written communications to or from the St. Lucie County Sheriffs Office are public records available to anyone upon request. Your e-mail, including your e-mail address, may therefore, be subject to public disclosure. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and i or copying. Your e-mail communications will be subject to public, disclosure unless an exemption applies to the communication If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please note: Florida has a very broad Public Records Law. Most written communications to or from the St. Lucie County Sheriffs Office are public records available to anyone upon request. Your e-mail, including your e-mail address, may therefore, be subject to public disclosure. Packet Pg. 120 8.C.4.b St. Lucie County Sheriffs Office Ken 1. Mascara, Sheriff MEMORANDUM To: Carol Bishop, County Attorn s Office From: Chief Deputy Garry R. Wils Date: February 5, 2018 Re: Amendment to Interlocal Agreement — Mobile Command Unit Please make the following changes, which are attached, to the September 24, 2002 Interlocal Agreement concerning the purchase and operation of the mobile command unit. Should you have any questions, please feel free to contact me at 462-3210. As Attachment Packet Pg. 121 8.C.4.b FIRST AMENDMENT TO SEPTEMBER 24, 2002 INTERLOCAL AGREEMENT CONCERNING THE PURCHASE AND OPERATION OF THE MOBILE COMMAND UNIT THIS FIRST AMENDMENT is made this day of . 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), the ST. LUCIE COUNTY SHERIFF, a Florida Constitutional Officer ("Sheriff'), the ST. LUCIE COUNTY FIRE DISTRICT ("Fire District"), and the CITY OF FORT PIERCE ("City"), for the mobile command unit ("Unit"). WHEREAS, on September 24, 2002, the County entered into an interlocal Agreement with the Sheriff, the Fire District, and the City referred to as the "Agreement", which was recorded in Official Records Book 1632 at page 2105, of the public records of St. Lucie County, Florida, wherein the parties agreed to provide funding for the purchase and operation of the mobile command unit. NOW, THEREFORE, in consideration of their mutual promises contained here, the parties agree to amend the Agreement as follows: 1. The City of Port St. Lucie has entered into the interlocal agreement for the Q maintenance and operation of the unit. 0 2. Paragraph 4 (Maintenance: Storage; Parts; Insurance). All parties agree that the Unit shall be stored inside a garage located at the Emergency Operations Center, 15305 W. Midway Road, Fort Pierce, (St. Lucie County), Florida. The Fire District agrees to provide routine maintenance (labor only) on the unit at no cost. The cost of any replacement parts shall be shared equally by the parties. In the event that the Unit E requires outside repair the cost will be shared equally by all of the parties. The Sheriff agrees to purchase property damage insurance covering the Unit. E 3. Paragraph 5 (Operations). The Sheriff will provide staff who are properly w trained in the operation of all components of the Unit and who are available upon callout to the Emergency Operations Center to have the Unit respond to any scene as needed. o 4. Except as amended herein, the remaining terms and conditions of the =' Agreement shall remain in full force and effect. Packet Pg. 122 8.C.5 ITEM NO. RES-2018-37 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 03/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Facility Use Agreement with Coastal Conservation Association of Florida The Coastal Conservation Association of Florida would like to enter into an agreement to use Harbour Pointe Park staging area to create a memorial reef offshore Broward County. St. Lucie County has previously staged artificial reefs for Martin County and Indian River County. The Coastal Conservation of Florida has also agreed to use our local artificial reef contractor, McCulley Marine Services, which has used our staging area successfully fifty times over the last 12 years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of a new Facility Use Agreement with Coastal Conservation Association of Florida and Board approval of the resolution allowing the Coastal Conservation Association of Florida, a not for profit corporation, the use of space at Harbour Point Park, Fort Pierce, Florida, to stage 250 tons of artificial reef material for deployment offshore Broward County, Florida, as outlined in the attached resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 123 8.C.5 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/6/2018 rk5 e'rTe' e',-6e PW C o u n i'Y-Ad ministrato 3/12/2018 Updated: 3/6/2018 9:40 AM by Katrina Slay Page 2 Packet Pg. 124 8.C.5.a FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and COASTAL CONSERVATION ASSOCIATION OF FLORIDA, hereinafter referred to as "Association." &TAIa►1*Si:i2:A WHEREAS, the County owns Harbour Pointe Park hereinafter referred to as the "Facilities"; and, WHEREAS, the Association desire to use the Facilities to stage artificial reef material; and, WHEREAS, the County is willing to enter into this agreement with the Association to permit it to temporarily use the Facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facilities shall be located at 1 Avenue M. Fort Pierce shall consist of the unimproved parcel with no services. 2. USE OF FACILITY The Association shall use the Facilities to stage approximately two hundred fifty (250) tons of artificial reef material for deployment offshore of Broward County, Florida. The Associations' use of the Facilities shall not be exclusive and such use of the property shall not preclude all County staff access to the Facilities. The Association shall use St. Lucie County's choice of artificial reef contractor to navigate the County's permitted staging area. 3. TERM/TERMINATION The term of this Agreement shall be from May 1, 2018 until June 30, 2018. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. If the Agreement is terminated the Association agrees to remove all material prior to the termination date. 4. PROJECT MANAGER The Project Manager for the County is James Oppenborn at (772) 462-1713. The Project Manager for the Association is Frank Gidus at (407) 790-0702. S:\ATTY\AGREEMNT\FAC-USE\Coastal Conservation Association of Florida - 18 Packet Pg. 125 8.C.5.a 5. PERSONNEL The Association represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Association shall not be employees of or have any contractual relationship with the County. 6. INDEMNIFICATION Association will indemnify, defend and hold County, St. Lucie County Board of County Commissioners, its officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys' fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking area or other areas of the facilities by User or User's agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees; and in the event that suit shall be brought against County, either independently or jointly with User on account thereof, User will defend any such suit or suits at the sole cost of User; and in the event of final judgment being obtained against County, either independently or jointly with User, then User will pay such judgment immediately, with all interest and costs thereon, and shall hold County harmless there from. 7. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Association' sole direction, supervision and control. The Association shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Association' relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Association shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 8. INSURANCE The Association shall procure and maintain, at its own cost and expense, the following forms of insurance coverage or the equivalent thereof which shall name St. Lucie County as an "Additional Insured" and said copy of insurance shall be submitted to the County. Public Liability Coverage insurance coverage, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 Dollars ($1,000,000.00) per occurrence/$2,000,000.00 general aggregate. 9. ADDITIONAL COVENANTS OF ASSOCIATION The Association shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. S:\ATTY\AGREEMNT\FAC-USE\Coastal Conservation Association of Florida - 18 Packet Pg. 126 8.C.5.a 10. NON-DISCRIMINATION The Association for themselves, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 11. CONFLICT OF INTEREST The Association hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees have any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Association further represent and warrant that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which they are directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. Fiv�1VIVI VIiTiI40111I No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 13. ENTIRE AGREEMENT This Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersede all other negotiation, understandings, and representations (if any) made by and between such parties. 14. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 15. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. S:\ATTY\AGREEMNT\FAC-USE\Coastal Conservation Association of Florida - 18 Packet Pg. 127 8.C.5.a 16. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE ASSOCIATION: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 WITH A COPY TO: 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) 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. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 17. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. S:\ATTY\AGREEMNT\FAC-USE\Coastal Conservation Association of Florida - 18 z Packet Pg. 128 8.C.5.a IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 12018. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY COASTAL CONSERVATION ASSOCIATION OF FLORIDA: PRINT NAME: S:\ATTY\AGREEMNT\FAC-USE\Coastal Conservation Association of Florida - 18 Packet Pg. 129 8.C.5.b RESOLUTION A RESOLUTION ALLOWING THE COASTAL CONSERVATION ASSOCIATION OF FLORIDA, THE USE OF HARBOUR POINT PARK, FORT PIERCE, FLORIDA, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Coastal Conservation Association of Florida (Association), has requested the use of space at Harbour Point Park, Fort Pierce, FL , as further described in Exhibit "A" attached, (the "Site") to stage artificial reef material; and WHEREAS, Section 125.38, Florida Statutes requires that any state agency wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Association and the County desire to make the subject property available to the Association to stage artificial reef material. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site to stage artificial reef material. A description showing the location of the Site leased to the Association is attached hereto and made a part hereof as Exhibit "A." 11 : 2. The term of this Agreement shall begin on May 1, 2018 and terminate on June 30, After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson XXX Vice Chair Linda Bartz XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day 12018. Packet Pg. 130 8.C.5.b ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 131 Certificate of Insurance Issued By INTEGRO INSURANCE BROKERS ONE STATE STREET PLAZA, 9T" FLOOR NEW YORK, NY 10004 Issued to: Evidence of Insurance This is to Certify that insurance has been issued as follows: Assured: Pine Island Towing Company, Inc. and McCulley Marine Service, Inc. Coverage: 1) Hull & Machinery including Collision & Tower's Liability and P&I including Crew Package Policy 2) Comprehensive Marine General Liability including Stevedore's and Salvor's Legal Liability 3) Property / Contractor's / Rental Package Policy 4) Pollution Liability 5) Excess Liability 6) Worker's Compensation including Employer's Liability & USL&H Limits: 1) To Scheduled Hull Values as per the attached plus $1,000,000 C.S.L P&I Limit of $1,000,000 2) $1,000,000 any one accident 3) $500,000 scheduled property any one occurrence or Rented / Leased as may be declared 4) $5,000,000 any one accident 5) To $4,000,000 any one accident excess of Underlying Liability Policies including P&I, Pollution, MGL, Employers Liability, & Auto 6) Statutory / $1,000,000 Security: 1) Allianz / XL Catlin USA 2) Allianz 3) Allianz 4) Lloyds through (EPG) 5) New York Marine & General (ProSight) 6) StarNet Insurance Company Policy Numbers: 1) OHL92010701 / HLOQ50651114 2) OML92010288 3) MX193058185 4) EPG-06266-08 5) ML2017000015 6) KEY0135511 Term: 1) 11/18/2017 — 11/18/2018 2) 5/20/2017 — 5/20/2018 3) 4/24/2017 — 4/24/2018 4) 3/14/2017 — 3/14/2018 5) 7/2/2017 — 7/2/2018 6) 10/6/2017 — 10/6/2018 This Certificate of Insurance is listed as a matter of information only and confers no rights upon the Certificate Holder. This Certificate neither affirmatively nor negatively amends, extends or alters the coverage afforded by those policy(ies) indicated above. This Certificate of Insurance does not constitute a contract between the insurers, representatives, the producer and / or the Certificate Holder. Granting of an additional named insured status hereon does not provide first party coverage to the additional named insured. If the Certificate Holder is an Additional Assured and / or if subrogation is waived, the policy or policies must be endorsed and a statement on this Certificate does not confer rights to the Certificate Holder in lieu of such endorsement. This Certificate shall replace and supersede any previous certificate issued. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days prior written notice to the above name certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon that company or this agency. Dated, this 15"' day of February 2018 INTEGRO INSURANCE BROKERS Jenna L. Brown Vice President Packet Pg. 132 8.C.5.c ACOROCERTIFICATE OF LIABILITY INSURANCE DATE //2018YY) `.� 02/1212® 018 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 CONTACT Jennifer Loza NAME: Stephens Insurance, LLC PHONE (512)542-3271 FAX (512)585-0402 A/C No Ext : AIC, No): 100 Congress Avenue, E-MAIL jennifer.loza Step hens.com ADDRESS: @ Suite 750 INSURER(S) AFFORDING COVERAGE NAIC # Austin TX 78701 INSURER A: Hanover Insurance Company 22292 INSURED INSURER B Coastal Conservation Association INSURER C : 6919 Portwest Drive Ste 100 INSURER D : INSURER E : Houston TX 77024 INSURER F : COVERAGES CERTIFICATE NUMBER: CL1761520552 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. INSR LTR TYPE OF INSURANCE ADVIL INSD SUBK WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES jEa occurrence $ 100'000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ Excluded A ZHDA028742 04 06/16/2017 06/16/201$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ JECTPRO ❑ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS AHDA028796 04 06/16/2017 06/16/2018 BODILY INJURY (Per accident) $ HIRED NON -OWNED P PROPERTY DAMAGE Per accident $ AUTOS ONLY AUTOS ONLY $ 1 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 A EXCESS LIAB CLAIMS -MADE UHD A028745 04 06/16/2017 06/16/2018 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTWE ❑ NIA WHDA014262 04 06/16/2017 06/16/2018 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Each Occurrence/Aggr $1 mil/$2mil Liquor Liability A ZHDA028742 04 06/16l2017 06/16/2018 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER St. Lucie County BOCC 2300 Virginia Avenue Ft. 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 J LL 4- 0 C O a+ IC U O to to a C O O it to C O U O to ca O U L a+ 3 r C 0) E 0) L a fn a+ U M LL ti M r 00 O N fn LU W ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 133 8.C.5.c COMMENTS/REMARKS The General Liability & Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Subject to policy terms, conditions, and exclusions. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. _ Packet Pg. 134 8.C.5.c Additional Named Insureds Other Named Insureds Building Conservation Trust Additional Named Insured CCA 401(k) Employee Savings Plan Additional Named Insured J LL 4- 0 CCA Accidental Death and Dismemberment Plan Additional Named Insured O O tC CCA Alabama Additional Named Insured V O N N CCA California Additional Named Insured O CCA Condominium Association Additional Named Insured +. O it O N CCA Connecticut Additional Named Insured O O U CCA Florida Additional Named Insured +' N cC O CCA Florida Foundation, Inc. Additional Named Insured U L r 3 CCA Georgia Additional Named Insured d E CCA Louisiana Additional Named Insured d L CCA Louisiana Foundation Additional Named Insured N CCA Maine Additional Named Insured r U CCA Maryland Additional Named Insured LLL ti CCA Massachusetts Additional Named Insured M 00 r O N CCA Mississippi Additional Named Insured W CCA Music City Additional Named Insured .. fC r� N CCA Nashville Additional Named Insured O U m CCA New Hampshire Additional Named Insured R L 3 CCA New York Additional Named Insured f/! C V CCA North Carolina Additional Named Insured u7 U CCA Oregon Additional Named Insured d E CCA Pacific Northwest Additional Named Insured t V R a+ a+ Q CCA PNW Additional Named Insured CCA Premium Conversion Plan Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Packet Pg. 135 Additional Named Insureds Other Named Insureds CCA South Carolina Additional Named Insured CCA Tennessee Additional Named Insured CCA Texas Additional Named Insured CCA Texas Foundation Additional Named Insured CCA Texas Fund Additional Named Insured CCA Virginia Additional Named Insured CCA Washington Additional Named Insured Coastal Condominium Association Additional Named Insured Coastal Conservation Association Alabama Additional Named Insured Coastal Conservation Association California Additional Named Insured Coastal Conservation Association Connecticut Additional Named Insured Coastal Conservation Association Florida Additional Named Insured Coastal Conservation Association Florida Foundation Additional Named Insured Coastal Conservation Association Georgia Additional Named Insured Coastal Conservation Association Louisiana Additional Named Insured Coastal Conservation Association Maine Additional Named Insured Coastal Conservation Association Maryland Additional Named Insured Coastal Conservation Association Massachusetts Additional Named Insured Coastal Conservation Association Mississippi Additional Named Insured Coastal Conservation Association Music City Additional Named Insured Coastal Conservation Association Nashville Additional Named Insured Coastal Conservation Association New Hampshire Additional Named Insured Coastal Conservation Association New York Additional Named Insured Coastal Conservation Association North Carolina Additional Named Insured Coastal Conservation Association Oregon Additional Named Insured DFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Packet Pg. 136 I 8.C.5.c I Additional Named Insureds Other Named Insureds Coastal Conservation Association Pacific Northwest Additional Named Insured Coastal Conservation Association South Carolina Additional Named Insured Coastal Conservation Association Tennessee Additional Named Insured Coastal Conservation Association Texas Additional Named Insured Coastal Conservation Association Virginia Additional Named Insured Coastal Conservation Association Washington Additional Named Insured GCCA Texas Foundation CCA, PNW & Building Conservat Additional Named Insured Gulf Coastal Conservation Association Additional Named Insured Music City Chapter Additional Named Insured r Q OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Packet Pg. 137 8.C.5.c COMMENTS/REMARKS Multimedia Liability Policy #US UUA2668523 Effective 6/16/17-6/16/18 Each Claim/Aggregate $5mil/$5mil OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Packet Pg. 138 8.C.6 ITEM NO. (ID # 5073) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 03/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Fourth Amendment to Lease from Peacock University, LLC for Guardian Ad Litem Program C06-12-754 On December 22, 2006, the County entered into a lease with Peacock University, LLC for space for the Guardian Ad Litem Program. On June 26, 2007, the County entered a first amended lease as the square footage increased. The Lease Term expired May 31, 2017. The County and the Guardian Ad Litem Program diligently searched for replacement office space. The City of Fort Pierce and the County entered into an Interlocal Agreement for the lease of office space in the City's Parking Garage. This will require the build out of the space. The bids for the buildout of the space were above budget. Staff has been advised that the City is agreeable to terminating the Interlocal. The Lease was extended until March 31, 2018. Based on the cost to build out the parking garage, the County desires to amend the Lease to, among other things, extend the Lease Term until March 31, 2021. The proposed rent per year is as follows: Lease Year Base Rent per s pare foot Annual Base Rent Monthly Ba3e Rent 4.1l2018-3131/2019 $13.00 $115,752_00 59,646.00 `1l2019-3 3V?020 $13.33 $118,645.80 59,887.15 4.12020-111 "1021 $13.66 $121.611.95 510.134.33 PREVIOUS ACTION: On December 22, 2006, the Board approved the lease with Peacock University, LLC (C06-12-754) for space for the Guardian Ad Litem Program. On June 26, 2007, the Board approved the First Amendment to the Peacock University, LLC lease to adjust the monthly rental payment and initial deposit to reflect the change in the square footage. On May 16, 2017, the Board approved the 2nd Amendment to the Peacock University, LLC lease to extend the term until November 30, 2017. On November 7, 2017, the Board approved the 3rd Amendment to the Peacock University, LLC lease extending the term through March 31, 2018. FINANCIAL IMPACT: Packet Pg. 139 8.C.6 Account No. 183006-685-544000-6000 (Rent Revenue) RECOMMENDATION: Staff recommends the Board approve the 4th Amendment to the December 22, 2006 lease agreement with Peacock University, LLC (C06-12-754) and authorize the Chair to sign the amendment, as prepared by the County Attorney. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, C my ttorney 3/2/2018 �AJL 1 y BfMer, De y Coutny Administrator 3/5/2018 Updated: 3/8/2018 2:37 PM by Katrina Slay Page 2 Packet Pg. 140 8.C.6.a FOURTH AMENDMENT TO BUSINESS CENTER LEASE THIS FOURTH AMENDMENT TO BUSINESS CENTER LEASE (Fourth Amendment), entered into as of the 201h day of March, 2018 (as defined in Section 4 below), is by and between PEACOCK UNIVERSITY, LLC, a Florida limited liability company (Landlord), and ST. LUCIE COUNTY, a political division of the State of Florida (Tenant). RECITALS: A. Landlord and Tenant entered into that certain Business Center Lease dated December 22, 2006 (Base Lease), as amended by that certain First Amendment to December 22, 2006 Agreement C06-12-754 dated June 26, 2007 (First Amendment), as supplemented by that certain correspondence from Tenant to Landlord dated April 27, 2011(Correspondence), as amended by that certain Second Amendment to Business Center Lease dated May 16, 2017 (Second Amendment), and as further amended by that certain Third Amendment to Business Center Lease dated November 7, 2017 (Third Amendment, Base Lease, First Amendment, Correspondence Second Amendment and Third Amendment are sometimes hereinafter collectively referred to as the Lease), with regard to the Demised Premises; B. The Lease Term for the Demised Premise is set to expire on March 31, 2018; and C. Landlord and Tenant wish to further amend the Lease to, among other things, extend the Lease Term for the Demised Premises. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Recitals/Capitalized Terms. The foregoing recitals are true and correct. Capitalized terms not defined in this Fourth Amendment will have the same meanings given to them in the Lease. Amendments. The Lease is amended as follows: a. Lease Term. The Lease Term is hereby extended through March 31, 2021. Provided the Tenant is not in default under the Lease at the time of the exercise and/or the time of commencement of the hereinafter defined applicable Renewal Option, the Tenant shall have the right to further extend the Lease Term for two (2) consecutive periods of three (3) years each (individually a Renewal Option or collectively Renewal Options) on the same terms and conditions as in the Lease, subject to the adjustment of Base Rent as hereinafter provided in subsection b. In order to timely exercise a Renewal Option, the Tenant must give the Landlord written notice of such election to exercise the then applicable Renewal Option no later than (180) days before expiration of the then current Lease Term, with time being of the essence. Other than the Renewal Options referenced herein, Tenant warrants and represents that Tenant has no other renewal or extension option available under the Lease. b. Base Rent. Until April 1, 2018 (Commencement Date), the Tenant will continue paying Rent in accordance with the terms and conditions of the current Lease. From and after the Commencement Date and thereafter due for the remainder of the Lease Term, as may be extended by a Renewal Option(s), the Tenant shall pay to the Landlord the Base Rent as shown in the following table, together with (unless otherwise exempted) applicable Florida sales tax, all of which payments shall continue to be subject to the terms and conditions of the Lease governing the Tenant's payment of Base Rent: Packet Pg. 141 8.C.6.a Lease Year Base Rent per square foot Annual Base Rent Monthly Base Rent 4/1/2018-3/31/2019 $13.00 $115,752.00 $9,646.00 4/1/2019-3/31/2020 $13.33 $118,645.80 $9,887.15 4/1/2020-3/31/2021 $13.66 $121,611.95 $10,134.33 Lease Year (First Renewal Option) Base Rent per square foot Annual Base Rent Monthly Base Rent 4/1/2021-3/31/2022 $14.00 $124,652.24 $10,387.69 4/1/2022-3/31/2023 $14.35 $127,768.55 $10,647.38 4/l/2023-3/31/2024 $14.71 $130,962.76 $10,913.56 Lease Year (Second Renewal Option) Base Rent per square foot Annual Base Rent Monthly Base Rent 4/1/2024-3/31/2025 $15.08 $134,236.83 $11,186.40 4/1/2025-3/31/2026 $15.45 $137,592.75 $11,466.06 4/1/2026-3/31/2027 $15.84 $141,032.57 $11,752.71 C. Operating Expenses. From and after the Fourth Amendment Effective Date and thereafter during the remainder of the Lease Term, as extended herein and as may otherwise be further extended by and through the Renewal Options, the Tenant shall continue to timely pay to the Landlord, together with its monthly payment of Base Rent, its monthly Operating Costs Payment otherwise due and payable for the Demised Premises in accordance with the terms and conditions of the Lease. The Operating Costs Payment for calendar year 2018 is currently estimated to be $3,710.00 per month, together with (unless otherwise exempted) applicable Florida sales tax. The foregoing is in addition to the Tenant's continuing obligation during the Lease Term, as extended herein and as may otherwise be further extended by and through a Rnewal Option(s), to timely pay all other rent otherwise due and payable by the Tenant to the Landlord in accordance with the terms and conditions of the Lease. d. Refurbishment Allowance. The Tenant has agreed to refurbish the Demised Premises by painting and replacing the carpet in the Demised Premises, as well as perform other interior leasehold improvements within the Demised Premises (which may include, without limitation, drywall work, provided all such leasehold improvements shall be performed in accordance with the terms and conditions of the Lease governing Tenant's construction and installation of alterations and improvements) (collectively, Tenant Refurbishment). The Landlord, subject to the terms and conditions of this subsection d, has agreed to provide the Tenant with a one-time refurbishment allowance equal to the lesser of Twenty Thousand 00/100 Dollars ($20,000.00) or the total actual cost and expense incurred by the Tenant to complete such Tenant Renovation as evidenced by the Invoices (as hereinafter defined) (Refurbishment Allowance). The Landlord, subject to the terms and conditions of this subsection d, will pay the Refurbishment Allowance to the Tenant within (30) days after the Tenant satisfies the following conditions precedent (collectively, Refurbishment Conditions): (1) The Tenant has fully completed the Tenant Refurbishment; (2) The Tenant has delivered to the Landlord a written request for disbursement of the Refurbishment Allowance; and (3) The Tenant has delivered to the Landlord copies of all paid invoices reflecting the actual costs and expenses paid by the Tenant in connection with the Tenant Renovation (Invoices). 3. Broker. The Landlord and Tenant each warrant to the other that no real estate broker or agent, other than Asset Specialists, Inc., a Florida corporation (Broker), has been used or consulted in connection with the preparation and execution of this Fourth Amendment. The Landlord will be solely responsible for the payment of any commission due to the Broker in connection with the preparation and execution of this Fourth Amendment, all pursuant to the terms of a separate agreement between the Landlord and Broker. The Landlord agrees to the other to defend, indemnify, and save the other harmless from and against any actions, damages, real estate commissions, fees, costs, and other expenses (including reasonable attorneys' fees) resulting or 2 Packet Pg. 142 8.C.6.a arising from any commissions, fees, costs, or expenses due to any real estate broker or agent because of the execution and delivery of this Fourth Amendment, due to the act of the indemnifying party. The terms and obligations under this Section 3 shall survive the expiration or earlier termination of the Lease Term. 4. Miscellaneous. The Lease, as amended by this Fourth Amendment, which as of the Fourth Amendment Effective Date will be deemed a part of the Lease, is ratified, confirmed and adopted by the Landlord and Tenant and is otherwise in full force and effect and is enforceable in accordance with its terms. Neither party has any knowledge of any default of any covenants, warranties, obligations or representations of the Lease and the Lease is unmodified, except as expressly set forth in this Fourth Amendment. In the event of a conflict between the terms of this Fourth Amendment and the terms of the Lease, this Fourth Amendment shall prevail. This Fourth Amendment may be executed in any number of counterparts and by different parties to this Fourth Amendment on separate counterparts, each of which, when so executed, will be deemed an original, but all such counterparts will constitute one and the same Fourth Amendment. Any signature delivered by a party by electronic or telephonic facsimile transmission will be deemed to be an original signature. The Fourth Amendment Effective Date of this Fourth Amendment shall be the date last signed by the Landlord and Tenant, without modification. [SIGNATURE PAGE FOLLOWS] Packet Pg. 143 8.C.6.a [FOURTH AMENDMENT TO BUSINESS CENTER LEASE SIGNATURE PAGE] Signed in the presence of: LANDLORD: PEACOCK UNIVERSITY, LLC, a Florida limited liability company I0 Witness 1 Name: Thomas R. Gibson Title: Manager Date: 12018 Witness 2 Witness 1 Witness 2 616730 TENANT: ST. LUCIE COUNTY, political division of the State of Florida By:_ Name: Title: Date: 92018 Packet Pg. 144 8.C.7 ITEM NO. (ID # 5038) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 03/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Treasure Coast Research Park - MOU with University of Florida Board of Trustees and Treasure Coast Education, Research and Development Authority for Sixty (60) Acres BACKGROUND: Attached to this agenda item is a proposed Memorandum of Understanding between the County, the University of Florida Board of Trustees ("University"), and the Treasure Coast Education, Research and Development Authority ("TCERDA"). On March 22, 1972, the State of Florida Board of Trustees of the Internal Improvement Trust Fund, hereinafter referred to as "TIITF," as Lessor entered into a Lease Agreement (No. 2592) with the University as Lessee, for certain property located in what is known as the Treasure Coast Research Park, hereinafter referred to as the "Master Lease 2592." On April 11, 1994, the University entered in to a Sublease to the Master Lease with the United States Department of Agriculture ("USDA") wherein the University leased to USDA approximately one hundred ninety (190) acres for the purpose of constructing and operating thereon certain improvements of use in agricultural research, hereafter referred to as "Sublease 2592-1." Sublease 2592-1 included a provision which granted the USDA the first right to lease additional land up to sixty (60) acres on the east side of the Florida Turnpike north of Picos Road and south of the canal for the development of citrus isolation plots to be jointly planned and used by the USDA and the University. Sublease 2592-1 further provided that the exact location of the above - referenced sixty (60) acres would be determined by good faith negotiations between the USDA and the University. The University has determined that sixty acres located within the Phase II of the Research Park would provide for a more efficient and economical development of a citrus research project due to its proximity to existing research facilities and the past agricultural uses on the site. Accordingly, the University, with the support of the USDA, has requested that the County and TCERDA enter into a Memorandum of Understanding to provide for the future development of a sublease of sixty acres on Parcels 3.a, 3.b, and portions of Parcels 2.a, 2.b, and 2.c. The property would be used for citrus research. The University will work with the USDA to amend its sublease to delete the right of first refusal provision. The term of the Packet Pg. 145 8.C.7 MOU would run through and including September 30, 2023, or until such time as parties enter into a sublease whichever occurs first. The term of any sublease would be two periods of ten years each with the right of early terminate upon two years notice prior to the expiration of each ten period. The notice period is intended to give the University sufficient time to appropriate and relocate the research groves. The University would be responsible for the cost of relocating the groves. The TCERDA Board of Directors approved the proposed MOU during its meeting on February 22, 2018. PREVIOUS ACTION: On March 28, 2005, the County entered into a lease agreement with the Treasure Coast Education, Research and Development Authority (TCERDA) for the development of the Treasure Coast Research Park. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the proposed Memorandum of Understanding (MOU) with the University of Florida Board of Trustees and the Treasure Coast Education, Research and Development Authority, and authorize the Chair to sign the MOU. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, C my ttorney 3/6/2018 auom J y er, DekAy Coutny Administrator 3/6/2018 Mark 5�at[er eel - Deputy County Ac ministrato 3/9/2018 Updated: 3/14/2018 3:35 PM by Katrina Slay Page 2 Packet Pg. 146 8.C.7.a MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING regarding use of certain property lying within the Treasure Coast Research Park, is made and entered into this day of , 2018, between the University of Florida Board of Trustees, acting on behalf of the Indian River Research and Education Center, as successor to the Board of Regents of the State of Florida, hereinafter referred to as the "University," St. Lucie County, a political subdivision of the State of Florida, hereinafter referred to as "County," and the Treasure Coast Education, Research and Development Authority, a research and development authority designated under Chapter 159, Part V, Florida Statutes, hereinafter referred to as "Authority." WHEREAS, on March 22, 1972, the State of Florida Board of Trustees of the Internal Improvement Trust Fund, hereinafter referred to as "TIITF," as Lessor entered into a Lease Agreement (No. 2592) with the University as Lessee, for certain property located in what is known as the Treasure Coast Research Park, hereinafter referred to as the "Master Lease 2592;" and, WHEREAS, on April 11, 1994, the University entered in to a Sublease to the Master Lease with the United States of America, acting by and through the Administrator, Agricultural Research Services, United States Department of Agriculture, hereinafter referred to as the "Government," wherein the University leased to the Government approximately one hundred ninety (190) acres for the purpose of constructing and operating thereon certain improvements of use in agricultural research, hereafter referred to as "Sublease 2592-1;" and, WHEREAS, Sublease 2592-1 included a provision which granted to the Government the first right to lease additional land up to sixty (60) acres on the east side of the Florida Turnpike north of Picos Road and south of the canal for the development of citrus isolation plots to be jointly planned and used by the Government and the University; and, WHEREAS, Sublease 2592-1 further provided that the exact location of the above - referenced sixty (60) acres would be determined by good faith negotiations between the Government and the University; and, WHEREAS, on March 28, 2006, the County entered into a lease agreement with TCERDA, hereinafter referred to as the "County/Authority Lease," wherein the County leased property to the Authority for development of the Treasure Coast Research Park; and, WHEREAS, in order to provide for a more efficient development of a citrus research grove, the University has requested that the County and the Authority enter into a Memorandum of Understanding to provide for the development of a future sublease agreement between the parties for sixty (60) acres to be located on the Treasure Coast s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc 1 Packet Pg. 147 8.C.7.a Research Park Phase II Site Plan identified as Parcel 3.a, Parcel 3.b, and portions of Parcel 2.a, a-R4 Parcel 2.b, and Parcel 2.c, hereinafter collectively referred to as the "Site," subject to the County/Authority Lease and the concurrent amendment of Sublease 2592-1 to remove the right of first lease for ##e an additional approximately sixty (60) acres; and, WHEREAS, in recognition of the important role played by the Government and the University as partners with the County and the Authority in the development of the Treasure Coast Research Park and in the overall benefit to the local economy stemming from the citrus research performed by the Government and the University, the County and the Authority are willing to enter into this Memorandum of Understanding to provide for the future lease of approximately sixty (60) acres within the Research Park to the Government and the University for the development of a citrus isolation grove. NOW, THEREFORE, in consideration of such mutual benefits, the parties agree as follows: 1. Purpose. The purpose of the Memorandum of Understanding is to set forth in general, the terms and conditions of a future Sublease Agreement between the parties for the development of approximately sixty (60) acres lying within the Treasure Coast Research Park, as further shown on the drawing attached hereto and incorporated herein as Exhibit "A," as a citrus isolation grove to be operated by the Government and the University. 2. University Responsibilities. The University agrees as follows: A. The University acknowledges and agrees that within twelve (12) months of the date of this Memorandum of Understanding, the Government intends to release its right of first refusal lease additional land up to sixty (60) acres s set forth in Section 1. Lease Premises of Master Lease 2592. B. The University will provide reasonable notice to the County and the Authority of the schedule for the development of the citrus research_plots on the Site. C. The University agrees to enter into a Sublease for the Site subject to the terms and conditions set forth in this Memorandum of Understanding and such additional terms and conditions to be negotiated in good faith by the parties. 3. AuthoritV Responsibilities. The Authority agrees as follows: A. The Authority will provide written notice to the other parties in the event it enters into a Memorandum of Understanding and/or Sublease for property adjacent to the Site. s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc 2 Packet Pg. 148 8.C.7.a B. The Authority agrees to enter into a Sublease for the Site subject to the terms and conditions set forth in this Memorandum of Understanding and such additional terms and conditions to be negotiated in good faith by the parties. 4. County Responsibilities. The County to enter into a Sublease for the Site subject to the terms and conditions set forth in this Memorandum of Understanding and such additional terms and conditions to be negotiated in good faith by the parties. S. Future Sublease Terms and Conditions. The parties agree that any future Sublease between the parties for the Site shall contain at a minimum the following terms and conditions: A. There shall be two (2) terms of ten (10) years each subject to two (2) years notice in the eighth or eighteenth year, respectively, in the event of early termination other than termination for cause. B. Development and use of the Site shall not create an adverse impact on the rights -of -way in the Research Park. C. Costs of relocation of operations from the Site upon termination shall be borne by the Geve—rpmtept and the University. 6. Financial Obligations. it is mutually understood and agreed that: A. Any responsibilities assumed by the parties are contingent upon funds being available from which expenditures may be met. B. This Memorandum of Understanding is to define in general terms the basis on which the parties will cooperate and does not constitute a basis for financial obligations or expenditures. Each party will handle and expend its funds. Any and all expenditures made in conformity with the plans outlined in this Memorandum of Understanding must be made in accordance with the parties' rules regulations and, in each instance based upon appropriate, fiscal documents, such as a lease, contract, purchase order, or letter or authorization. 7. Term; Termination. The term of this Memorandum of Understanding shall begin on the date first written above and shall run through and including September 30, 2023, or until such time as the parties enter into a sublease, whichever first occurs. Upon mutual agreement of the parties, the term may be extended for additional five (S) year periods. 8. Notices. All notices, requests, consents and other communications required or permitted under this Memorandum of Understanding shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc 3 Packet Pg. 149 8.C.7.a delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to University: With Copy to: Senior Vice President for Agriculture and Natural Resources Institute for Food and Agricultural Services University of Florida 1008 McCarty Hall Post Office Box 110180 Gainesville, FL 32611-110180 As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 As to Authority: General Counsel University of Florida 123 Tigert Hall P.O. Box 13125 Gainesville, FL 23611-3125 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Executive Director Treasure Coast Education, Research and Development Authority 2199 South Rock Road Fort Pierce, FL 34945 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) 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. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 9. Governing Law. The validity and interpretation of this Memorandum of Understanding and the legal relations between the parties hereto shall be governed by the laws of the State of Florida. s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc 4 Packet Pg. 150 8.C.7.a 10. Entire Agreement. Unless otherwise specified, this Memorandum of Understanding embodies the entire understanding between the parties, and any prior or contemporaneous representations, either oral or written, are hereby superseded. No amendments or changes to this Memorandum of Understanding shall be effective unless made in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the day and year first above written. WITNESSES: s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc UNIVERSITY OF FLORIDA BOARD OF TRUSTEES BY: NAME: TITLE: DATE: APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: NAME: TITLE: 5 Packet Pg. 151 8.C.7.a ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair Date: /_l]2:Z61WI17_Fltlelrel:7►riI_l►UX4191.13:149►l:141-5 BY: County Attorney TREASURE COAST EDUCATION, RESEARCH ATTEST: AND DEVELOPMENT AUTHORITY BY: Secretary Chair s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc DATE: N. Packet Pg. 152 8.C.7.a EXHIBIT "A" w _ �eaacE Haan _ a� i r-r k T � f +'�, I R��r •g I I is CEL PARCEL PARCEL a 3a 3 b IWRE �PDEEDIrROUT{DAVON _ — — E%PRkl1EO TEkTL6tEl) PAVEMENT 4a PARCEL PARCEL 4f IR'e' 2a 2b �i LAKE PARCEL 1 f ij - PARCEL PARCEL la lb - — —0f7 ac ' aoLri o-uaLrr '�-Roury o-neaLrr Forr A' � � I V.I s:\atty\agreemnt\mou.uf.slc.tcerda.60 acres.doc 7 Packet Pg. 153 8.C.8 ITEM NO. (ID # 5048) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 03/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Notice of Public Hearing - Pinehurst Subdivision - abandon a portion of right-of-way on S. 40th Street The Board of County Commissioner approved the plat of Pinehurst Subdivision on December 4, 1925. Since then, we have made no improvements to the S. 40t" Street right-of-way. It is presently unused and overgrown with vegetation and there are no plans at this time to open this roadway. There are no existing utility services within the proposed right-of-way to be abandoned. The Petitioner owns all abutting properties and are presently zoned Institutional. The surrounding properties are zoned General Commercial. The Petitioner intends to rezone the properties Commercial and develop on the combined parcels. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a public hearing to be held on April 3, 2018 at 6:00pm or as soon thereafter as possible. COMMISSION ACTION: Packet Pg. 154 8.C.8 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/7/2018 rk5 e'rTe' e',-6e PW c o u n i'Y-Ad ministrato 3/9/2018 Updated: 3/14/2018 3:35 PM by Katrina Slay Page 2 Packet Pg. 155 8.C.8.a Abandonment of portion of South 40th Street-Pinehurst Subdivision 0 100 200 Abandonment Property Feet Map Prepared December 18, 2017 htap Aerial:2016 Packet Pg. 156 8.C.8.b BLOCS 2 PRZRM M SUBDi7L40N (Pg. 6, PG- 9) CLEMATIS -_AVENUE (50' RIGHT—OF—WAY) _ N88'39'flSt'"N S89.39'UP' ry 275.00' 25.00' PA.C. P.O.B. PARCEL 11 PARCEL II p p p O n m n a -ET N w rl fri Wi W BLOCS I mall Arr n''ED171SION ISO � a. � i7- �� 25.00' --] N89"39'09*W 280.00' P.O.B. / PARCEL I PARCEL I �zf x m z �w Tj s w w 00'(P) 50'(P) 00'(P) N 46.7'(P) 46.71F) 46.7'(F) 46.7'(P) TA 25.00' ' e o c w w x� �c�1F�1it 06 m a w --'-t iN89'89'09 OLIVE AVENUE `/P _... (50' RIGHT —OF —WAY) - I BLOC[ B BLOCS 5 5 0 Pm (Bl3FtS7, PStrBB"ION �,�-6 0'---� PWMURST SPUBU MON Scide in feet f Inch = 50 Feet g MAXWELL GEOSPATIAL, INC. A SKETCH k DESCRIPTION FOR: MIcxAEL cRavALLEsE 4899 Kirby Loop Road, Fort Pierce, FL 34981 web: menwellgeospatel.com, ama®: cttetl�maxwellgaospatlal.eom •�------- c.....,,.:a,..:,�,;.,r�..,n; R(772)00f-5206. W-(MI) 355-2543 SECTION 20. TOVNWW 35S. RANGE 40E FORT PIERCE. FLORMA. ST. LUCIE COUNTY DATE 7/19/2017 CSSATED BY PCII 0 SHEET SCALE 1' = 60CBECSED BY PCX 2 OF 2 FMW 17043 " "ANDOMUM.DWC O, Packet Pg. 157 8.1.1 ITEM NO. (ID # 5055) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Gino Butto, CIO Information Technology Compuquip Countywide Firewall Replacement DATE 03/20/2018 *CONSENT AGENDA\INFORMATION TECHNOLOGY All county firewalls are coming to the end of life and are under performing. The current firewall serves the Board of County Commissioners (BOCC), the Emergency Operations Center (EOC), the Clerk of Court and the 19th Judicial Court, Libraries, Tax Collector and Property Appraiser and protects against untrusted traffic from the internet and outside untrusted networks. The upgrade is critical to maintain the security level, performance and state mandated Florida Deparment of Law Enforcement (FDLE) requirements that the county must maintain. The county will be receiving new firewall appliances, an intrusion prevention system, firewall management console and a records and event manager. The contract falls under Florida State Contract GS-35F-0511T. The breakdown for each area of the county for the $315,765.10 is noted below and payments will be broken down over the next five years (FY18-FY22) and includes the cost of maintenance. Rock Road Data Center Firewall: $179,380.80 Rock Road Intrusion Protection: $40,014.00 Emergency Operations Center Firewall: $41,438.50 Virginia Avenue Firewall: $23,021.40 Clerk of Court and Judicial Court 19 Firewall:$25,985.40 Professional Services & Freight (year 1 only) $5,925.00 PREVIOUS ACTION: N/A FINANCIAL IMPACT: The total cost for the Firewall Replacement over a five year period is $315,765.10. The first years payment was approved in our current FY 18 budget under account 001-1955-564000-100. A request for years two thru five in the amount of $63,200 each year was noted in Govmax during the budget year approval process for current FY 18. RECOMMENDATION: Packet Pg. 158 8.1.1 Staff recommends Board approval of the Countywide Firewall Replacement Contract with Compuquip in the amount of $315,765.10 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures .q 4-1," <1 (A 4 A TIA-1 Gino Butto, CIO 2/27/2018 b—anieYS. McIntyre, C my ttorney 3/8/2018 Tenn Hi I, Interim 6fficl of t and B dget Direct r 3/7/2018 Ho and Tipton, Count Administrato 3/9/2018 Updated: 3/14/2018 3:39 PM by Katrina Slay A Page 2 Packet Pg. 159 8.1.1.a COMPUQUIP CYBERSECURITY 2/19/2018 Agreement with/Bill to: Saint Lucie County Board of County Commissioners Attn: Emergency Operations Center 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Quotation: 24550-08 Compuquip Cybersecurity 2121 Ponce De Leon Blvd, Suite 530, Coral Gables, FL, 33134 Phone:727-423-1001 Fax:413-280-6742 Brad Reed (breed@compuquip.com) Equipment location/Ship to: Saint Lucie County Finance Department Attn: PO # 101 North Rock Road Ft. Pierce, FL 34945 Email: MartinW@StLucieCo.org User Center: 6550348 Check Point Software Technologies, Inc. - GSA (GS-35F-0511T) Section 1 - Check Point firewalls for Rock Road with 5 years of support and subscriptions Primary Check Point - 5800 Next Generation Threat Prevention Appliance - Includes: Enterprises with advanced network connectivity. Including Blades: Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, 1 CPAP-SG5800-NGTP (IPS, Application Control, URL Filtering, Anti -Virus, Anti-Bot, Anti -Spam and $ Email Security for year 1 only), Network Policy Management, Logging and Status. 1750 SecurityPower - Test (LAB) Performance: 35 Gbps Firewall Throughput (1518 byte UDP) - 10 on board 1 GbE copper interface. - 8GB Memory. - Lights out Management Interface. - Telescopic rails. Note: The 4600 has a security power rating of 405 and a Test (LAB) Performance cf 9 Gbps Firewall throughput (1518 byte UDP) 31,500.00 $ 31,500.00 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with a (30) minute response - period of performance is 5 years (Starting 03/31/18) $ 35,190.00 $ 35,190.00 High Availability 1 CPAP-SGH8p00-NGTP-A Check Point - 5800 Next Generation Threat Prevention Appliance $ 25,200.00 $ 25,200.00 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with a (30) minute response - period of performance is 5 years (Starting 03/31/18) $ 28,152.00 $ 28,152.00 Memory 2 CPAC-RAM8GB-5000- Check Point -Memory Upgrade Kit from 8GB to 16GB for 5000 series appliances $ 648.00 $ 1,296.00 INSTALL 2 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with a (30) minute response - period of performance is 5 years (Starting 03/31/18) $ 703.80 $ 1,407.60 1 CPSB-NGFW-5800-4Y Check Point - Next Generation Firewall Package for 4 year for 5800 Appliance - $ 31,464.00 $ 31,464.00 Includes IPS and App Control - for years 2 - 5 1 CPSB-NGFW-5800-4Y- Check Point - Next Generation Firewall Package for 4 year for 5800 Appliance HA • $ 25,171.20 $ 25,171.20 HA Includes IPS and App Control - for years 2 - 5 Section 2 - Check Point firewalls for EOC - HA pair of 5100's - 5 years Section 1 Total $ 179,380.80 Q Packet Pg. 160 8.1.1.a Check Point - 5100 Next Generation Threat Prevention Appliance - Includes: : Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti -Virus, Anti-Bot, Anti -Spam 1 CPAP-SG5100-NGTP and Email Security for Year 1 only), Network Policy Management, Logging and $ 6,650.00 $ 6,650.00 Status. 425 SecurityPower - Test (LAB) Performance: 16 Gbps Firewall throughput (1518 byte UDP) - Base Configuration: 6 on board 1 GbE copper interface. - 8GB Memory. - Rack mount kit (fixed rails). Note: The 4400 has a security power rating cf 230 and a Test (LAB) Performance of 5 Gbps Firewall throughput (1518 byte UDP) 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 7,429.00 $ 7,429.00 a (30) minute response - period of performance is 5 years (Starting 03/31/18) 1 CPAP-SGH1A00-NGTP-A Check Point - 5100 Next Generation Threat Prevention Appliance HA $ 5,320.00 $ 5,320.00 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 5,943.20 $ 5,943.20 a (30) minute response - period of performance is 5 years (Starting 03131/18) 1 CPSB-NGFW-5100-4Y Check Point - Next Generation Firewall Package for 4 year for 5100 Appliance - $ 8,942.40 $ 8,942.40 Includes IPS and App Control - for years 2 - 5 1 CPSB-NGFW-5100-4Y- Check Point - Next Generation Firewall Package for 4 year for 5100 Appliance HA- $ 7,153.90 $ 7,153.90 HA Includes IPS and App Control - for years 2 - 5 Section 2 Total $ 41,438.50 Section 3 - Check Point firewalls for Virginia Ave - 5100 - 5 years Check Point - 5100 Next Generation Threat Prevention Appliance - Includes: Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti -Virus, Anti-Bot, Anti -Spam 1 CPAP-SG5100-NGTP and Email Security for Year 1 only), Network Policy Management, Logging and $ 6,650.00 $ 6,650.00 Status. 425 SecurityPower - Test (LAB) Performance: 16 Gbps Firewall throughput (1518 byte UDP) - Base Configuration: 6 on board 1 GbE copper interface. - 8GB Memory. - Rack mount kit (fixed rails). Note: The 4400 has a security power rating of 230 and a Test (LAB) Performance of 5 Gbps Firewall throughput (1518 byte UDP) 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 7,429.00 $ 7,429.00 a (30) minute response - period of performance is 5 years (Starting 03/31/18) 1 CPSB-NGFW-5100-4Y Check Point - Next Generation Firewall Package for 4 year for 5100 Appliance - $ 8,942.40 $ 8,942.40 Includes IPS and App Control - for years 2 - 5 Section 3 Total $ 23,021.40 Section 4 - Check Point firewalls for Downtown J19 - 5200 - 5 years Check Point - 5200 Next Generation Threat Prevention Appliance - Includes: Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti -Virus, Anti-Bot, Anti -Spam 1 CPAP-SG5200-NGTP and Email Security for year 1 only), Network Policy Management, Logging and $ 8,050.00 $ 8,050.00 Status. 340 SecurityPower - Test (LAB) Performance: 14.5 Gbps Firewall throughput (1518 byte UDP) - Base Configuration: 6 on board 1 GbE copper interface. - 8GB Memory. - Rack mount kit (fixed rails). Trade in: CPAP-SG4400-NGFWs Note: The 4400 has a security power rating of 230 and a Test (LAB) Performance of 5 Gbps Firewall throughput (1518 byte UDP) Packet Pg. 161 8.1.1.a 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 8,993.00 $ 8,993.00 a (30) minute response - period of performance is 5 years (Starting 03/31/18) 1 CPSB-NGFW-5200-4Y Check Point - Next Generation Firewall Package for 4 year for 5200 Appliance - $ 8,942.40 $ 8,942.40 Includes IPS and App Control - for years 2 - 5 Section 4 Total $ 25,985.40 Section 5 - Check Point Manager Upgrades - 5 years Check Point - Smart-1 410 Next Generation Security Management Appliance for 10 gateways (SmartEvent & Compliance 1 year) - Includes: Network Policy Management, Endpoint Policy Management, Logging and Status, Monitoring, 1 CPAP-NGSM410 SmartWorkflow, SmartProvisioning, User Directory, Management Portal, Global $ 9,450.00 $ 9,450.00 Policy, Virtual Management Domains, SmartEvent for 1 year, Compliance for 1 year. - 1 U rack mountable. - 2TB Storage. - 8GB RAM. - 4x1 GbE ports. - AC power suooly. 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 10,557.00 $ 10,557.00 a (30) minute response - period of performance is 5 years (Starting 03/31/18) Check Point - Smart-1 410 dedicated SmartEvent Appliance for 10 gateways 1 CPAP-NGSM410-EVNT (perpetual) - 1 U rack mountable. - 2TB Storage. - 8GB RAM. - 4x1GbE ports. -AC $ 9,450.00 $ 9,450.00 power supply. 1 CPES-ENT-PREMIUM Check Point - Enterprise Premium Support - includes 7 x 24 phone support with $ 10,557.00 $ 10,557.00 a (30) minute response - period of performance is 5 years (Starting 03/31/18) Section 5 Total $ 40,014.00 Quotation Total $ 309,840.10 (5) Annual payments of $ 61,968.02 Year 1 Cost $ 61,968.02 Year 2 Cost $ 61,968.02 Year 3 Cost $ 61,968.02 Year 4 Cost $ 61,968.02 Year 5 Cost $ 61,968.02 Payment Schedule The first payment is due upon the acceptance of the agreement and the •emaining five payments are due every twelve months thereafter Year 1 Payment is due on 03/31/18 $ 67,893.02 Note: Year 1 payment includes 3 days of services $4950 and Freight ($975) Year 2 Payment is due on 03/31/19 $ 61,968.02 Year 3 Payment is due on 03/31/20 $ 61,968.02 Packet Pg. 162 8.1.1.a Notes: Year 4 Payment is due on 03/31/21 $ 61,968.02 Year 5 Payment is due on 03/31/22 $ 61,968.02 1.) Our terms are Net 45 2.) Quotation credits based on an order placed before 03/31/18 3.) End user has the right to extend the lease at the year 5 annual payment cost into subsequent years as long as the equipment is not end -of -life 4.) Quotation is valid through 03/31/18 and can be extended as needed Authorized Signature: Name: Title: Date: SERVICES COMPUQUIP TECHNOLOGIES, INC. • TERMS AND CONDITIONS Accepted Name: Title: Date: 1. TERM: Unless otherwise set forth on the opposite side hereto, this Agreement is effective upon acceptance by an executive officer of Seller, and shall continue until the Services are performed or this Agreement is otherwise terminated pursuant to the terms hereof. Either Seller or Customer may terminate this Agreement without cause upon sixty (60) days prior written notice to the other, in which case Seller shall, in its sole discretion, determine its costs through the e£f tive date oftermination, and its percentage of completion of the Services, and determine what, i£any, refund amount is due to Customer. Notwithstanding the foregoing, in the event this Agreement is terminated for any reason whatsoever, under no circumstances shall any deposits paid by Customer pursuant hereto be returned to Customer. Upon the termination ofthis Agreement and/or upon completion of the performance of the obligations set forth herein, the parties shall have no further obligations hereunder. The rights and obligations of the parties hereto shall survive termination of this Agreement to the extent necessary to preserve the intent of the parties. 2. TIME OF PERFORMANCE: Unless otherwise stated in this Agreement, the Services will be provided from time to time during the term hereofbetween the hours of Eight (8) A.M. and Five (5) P.M. Monday through Friday, excluding holidays. Any Services performed outside this time period will be billed at Seller's rate in effect at that time for services comparable to the Services performed. 3. RESPONSIBILITY: (a) Access. Customer shall provide access to the Customer's facilities where its computer systems are maintained and adequate and suitable facilities and space for Seller's personnel to work at the Location and on such computer systems. If Seller determines that the Services require Seller to remotely access Customer's computer systems, Customer agrees that it shall also provide Seller with all information requested by Seller in order to remotely access Customer's computer systems. (b)Representations and Warranties. In conjunction with the performance of the Services, Customer represents and warrants that (i) Customer has full right, power, and authority to consent to have the Services listed on the first page performed; and (it) the execution, delivery and performance of this Agreement does not or will not violate or cause a breach default under: (A) the governing corporate or company documents of Customer; (B) any agreement, lease, mortgage, license or other contract to which Customer is a party; or (C) any law, mle, regulation, order, decree or consent action by which Customer is bound or to which it is subject. Customer shall defend Seller ifthe performance of the Services under this Agreement infringes any patent or copyright registered in the United States, trademark, trade secret or other intellectual property right.. Customer also acknowledges and agrees that the providing of the Services may in some circumstances result in the disruption of services at such site(s) or loss or damage to software or hardware. Consequently, Customer agrees that it is Customer's responsibility to perform backups of data mall devices connected to Customer's IP addresses and/or domain names prior to Seller providing the Services. Customer further assumes the risk for all damages, losses, and expenses resulting from the Services. Upon Customer's prior written request, Seller will (at an additional cost to Customer), attempt to save any data and programs on Customer's computer systems that will be utilized by Seller in the performance of the Services. (c)Limitations on Liability. The services are being provided "as is" without any warranty of say kind. Without limiting the foregoing, Seller makes no warranty whatsoever that the Services will be eror-free, free from interruption or failure, or secure from unauthorized access, or that it will detect every vulnerability to Customer's network, or that the results generated by the Services, will be eror-free, accurate, or complete. The Services may become unavailable due many number of factors including scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the Internet. This limitation shall apply regardless of whether (i) Seller determines that Customer's systems are deemed "secure", (it) Customer performs such modifications to its systems as Seller reasonably suggests in order for its systems to be deemed "secure", or (iii) otherwise. Without limiting the foregoing, seller expressly disclaims all warranties, whether express, implied or statutory, and includes but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non -infringement of third party rights. Under no circumstances shall seller be liable to customer or anyone claiming through or under customer for any loss of profits, loss of data, equipment downtime, loss of goodwill, or for any indirect, incidental, exemplary, consequential, or special damages relating to or arising out ofthis agreement, even if seller has been notified or the possibility of such loss or damage. The limitations of liability in this section shall apply to claims of every kind, whether based upon contract law, tort law, or otherwise, even if these limitations have the effect of exculpating seller from responsibility for its own negligence, fault, or other conduct. Notwithstanding the foregoing and in no manner limiting the foregoing, to the extent that the foregoing is not applicable, customer agrees that in no event shall customer's total cumulative liability in connection with this agreement and the services, whether in contract, tort or otherwise, exceed the amounts actually paid by customer for the services during the twelve (12) months immediately preceding the filing of such action. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. This section shall survive any termination or expiration of customer's agreement with seller. Customer acknowledges that this limitation on liability was specifically bargained for and is acceptable to customer. Further, customer's willingness to agree to the limitations contained in this section was material to seller's agreement to enter into this agreement. (d)Force Majeure. Seller shall not be responsible for failure to render any services hereunder due to causes beyond its control, including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, floods, war, acts of terrorism, delays in transportation, accident, failureof Customer to provide a suitable operating environment for Seller, hardware malfunctions caused by defects in software or otherwise, failure of Customer to allow Seller access to its computer system, acts of God and other similar occurrences. 4. PAYMENTS: The Customer shall pay Seller the total fees and price for the Services by: (i) an initial deposit in the amount of 50% of the total proposal upon execution of this Agreement, if any; and (it) payment of the full amount of the balance of the total fees and price on or before the date the Seller begins the Services. Any services provided to Customer by Seller, which are not included under this Agreement, will be charged to the Customer at Seller's then applicable rates and terms, and Customer agrees to pay all such charges on or before forty-five days (45) after the date of Seller's written invoice(s) for same. Seller will have no obligation to perform any services for Customer, whether included in this Agreement or otherwise, unless all charges, fees, and taxes for Services rendered under this Agreement have been paid in full by Customer when due. In the event of non-payment of any sum due and owing under this Agreement, Seller shall have the right to suspend or immediately terminate all Services and other services, without notice, and may determine whether or not to reinstate any services upon receipt of payment in full of all sums owed. 5. HIRING OF SELLER'S EMPLOYEES: In the absence of Seller's prior written consent, and for a period of twelve (12) months after the expiration or termination of this Agreement, for any reason whatsoever, Customer agrees not to hire or engage, directly or indirectly, any person who, at any time during the twelve (12) months immediately preceding such hiring or engagement, was an employee of Seller employed to perform the Services or other services similar to the Services for any customer of Seller. Seller and Customer agree that the damages from a breach of this Section would be difficult to ascertain. These remedies shall be in addition to, and not in limitation of, any other rights or remedies provided to Seller hereunder or available to Seller at law or in equity. EQUIPMENT: 6. PURCHASE PRICE: The purchase price of the equipment shall be paid by means of a deposit upon execution of this Sales Agreement and the balance of the purchase price shall be paid when the Equipment is delivered to Purchaser. 7. TITLE: Title will be free and clear of all liens, claims and encumbrances of any kind, and shall vest in Purchaser upon delivery and payment for the Equipment. 8. DELIVERY: Seller will prepare the Equipment for shipping using the manufacmm's standard packing materials and will be responsible for the movement of the Equipment at the time designated by Purchaser. Purchaser will be responsible for all transportation from this point. 9. CONDITION OF EQUIPMENT: Seller will permit Purchaser to inspect the Equipment for general appearance at or before the time of delivery and agrees to maintain the Equipment thereafter so that no deterioration or excessive use shall occur before delivery of Equipment; or if such deterioration should occur, Seller shall use its best efforts to correct and/or have the manufacturer perform corrective measures to assure an acceptable appearance and condition of Equipment. 10. FORCE MAIEURE: In no event shall either party be liable for performance thereunder when performance is prevented because of events outside the control of either party. 11. WARRANTIES: (a) Except u otherwise provided in warranty documents attached hereto the Equipment is sold "as is' and Seller expressly waives any and all warranties including, but not limited to, warranties of merchantability and of fitness for a particularpurpose. (b) Seller makes no warranties, either expressed or implied, with respect to software, firmware, or programmable settings or any "soft" parameters operating on or within Equipment or to the design specifications for overall system integration. Seller agrees to assist Customer in defining said requirements to the extent required to integrate Equipment into a working application. (c) Customer agrees that the design complexity of the Equipment installation/integration, is such that there may be inherent defects and agrees that as Seller's sole liability and as Customer's sole remedy, Seller will provide all reasonable technical support! to correct any documented defects when Seller's diagnosis indicates that the defects were existent in the original unaltered Equipment. When said diagnosis indicates a design change is required, Customer agrees to pay for any additional Equipment required and the installation thereof. 12. LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, LOSSES, OR EXPENSES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, EVEN IF SELLER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGE CAUSED BY DELAY IN FURNISHING THE EQUIPMENT OR SOFTWARE UNDER THIS AGREEMENT. THE LIABILITY OF SELLER FOR DAMAGES OR MONETARY PAYMENTS OF ANY NATURE WHETHER FOR BREACH OF WARRANTY, NONPERFORMANCE OR OTHERWISE SHALL IN NO EVENT EXCEED THE SUMS ACTUALLY PAID TO SELLER BY CUSTOMER THEREUNDER, 13. TAXES: Non Taxable 1 a -Till. ..ion ..n.....o�o�.., .o�.�o.,oA 1� rFo �..........�nle ..o.n, nl �1•a oAr.e.� col i .11. �.. rl.:� a...00...o..� LO Ln 0 ui d E 4) V M CL CD M 3 d L_ U. 00 d E t V Q Packet Pg. 163 8.1.1.a rr. rv� r re,ra. eery n.uectal in .c grvcn ua—i r as ng—raa r aam .e in wnung an. scar .y nun..e.very m ecru— reran, remm rcv;apr rcqucara., w me app,.P,i.. Party ar u¢ nor— aer ruin in mr, ngrwnvmr 15. SUBSTITUTION: Prior to delivery of the Equipment, if Seller substitutes any item or items of the Equipment for another item or items of the same type and model, Seller must notify Purchaser in writing. 16. MISCELLANEOUS: (a) This constitutes the entire Agreement between Seller and Purchaser with respect to the purchase and sale ofthe Equipment and no representation or statement not contained herein shall be binding upon Seller or Purchaser unless in writing and executed by the party to be bound thereby. (b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of contraction, validity, performance, and enforcement. (d) This Agreement may be executed in multiple counterparts, each ofwhich shall be deemed to be an original and of equal force and effect. (e) This Agreement and obligations of the Purchaser are, not assignable without the prior written consent of Seller. Any attempt to assign any rights, duties, or obligations, which arise under this Agreement without such consent, will be void. (f) If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable; the validity, legality and enforceability of the remaining provisions shall not in any away be affected or impaired thereby. 17. ARBITRATION AND FEES: The parties specifically agree that venue for any court proceedings shall be in St. Lucie County, Florida, and submit to thejurisdiction of such court. 18. GENERAL: (a) This Agreement constitutes the entire agreement between Seller and Customer with respect to the purchase and sale of the Services and no representation or statement not contained herein shall be binding upon Seller or Customer. This Agreement may be modified or amended only by a written instrument that expressly refers to this Agreement and that is executed by both Seller and Customer. (b) This Agreement shall be binding upon and more to the benefit of the parties hereto and their respective successors and assigns. This Agreement and obligations of the Customer are not assignable without the prior written consent of Seller. Any attempt by Customer to assign any rights, duties, or obligations, which arise under this Agreement without such consent, will be void. (c) Customer shall not make any deduction from, nor assert any right of set-off against, payments due to Seller without Seller's express prior written authorization. (d) Seller may, for the performance of any of the various services required of Seller under this Agreement, utilize the services of independent contractors selected by Seller. (e) Any notice(s) to be given under this Agreement shall be in writing and sent by hand delivery or certified mail, return receipt requested, to the appropriate parry at the address set forth in this Agreement. (f) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement. (g) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. (h) If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable; the validity, legality and enforceability of the remaining provisions shall not in any away be affected or impaired thereby. (i) Neither the failure nor any delay on the part of Seller to exercise any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or privilege preclude any other or further exercise thereof. 19. Public Records: Compuquip 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 Compuquip in conjunction with the contract. Specifically, Compuquip shall: (a) Keep the maintain public records and 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 the cost provided in state law or as provided by law. (c) Ensure the 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 Compuquip upon termination of the contract and destroy any duplicate public cords 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 COMPUQUIP HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO COMPUQUIP'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TH IS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 462-1441, BellamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. LO W 0 c d E d 0 0 a m M 3 a� U. is T 00 d E t V Q Packet Pg. 164 Q` Information Consultants, Inc. 15800 Pines Blvd, Suite 343 Pembroke Pines, FL 33027 accounting@icons-inc.com INVOICE TO St Lucie County Information Technology Attn: Steve Barber 101 Rock Road Ft Pierce, FL 34945 lnormaticn CONSULTANTS Aerfharized Reset ESTIMATE NO. 3680 DATE 02/27/2018 EXPIRATION DATE SOW NO. ACTIVITY QTY RATE AMOUN EAFRM001 - Laserfiche RIO Forms Participants 1 151 140.00 2,100.0 EAFRM001 B - Laserfiche RIO Forms Participants LSAP: EXP 10/2017 15 28.00 420.0 ENF - Laserfiche Named Full User 7 700.00 4,900.0 , ENFB - Full Named Users Basic LSAP: EXP 10/2017 * 7 140.00 980.0 EFRMF - Laserfiche Forms Add -on for Named Users 7 70.00 490.0 EFRMFB - Laserfiche Forms LSAP: EXP 10/2017 * 7 7.00 49.0 i ! ERM - Laserfiche Records Management Edition 7 70.00 490.0 ERMB - Laserfiche Records Management Edition LSAP: EXP 10/2017 " 7 7.00 49.0 . LSAP adjusted to six (6) to match current LSAP expiration dates. 1 -1,082.00 -1,082.0 i Thank you for the opportunity of providing this quote to your SUBTOTAL organization. TAX TOTAL $8,396.00 Accepted By Accepted Date If you have any questions, please reach us email: accountin icons-inc.com website: Packet Pg. 165 ph 8.1.2 ITEM NO. (ID # 5078) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: BACKGROUND: Gino Butto, CIO Information Technology Information Consultants Contract Amendment 1 DATE: 03/20/2018 *CONSENT AGENDA\INFORMATION TECHNOLOGY On October 19, 2017 the County entered into a contract with Information Consultants to provide for the Laserfiche Annual License and Maintenance services. The contract number is C17-10-682 and the original amount of the contract was $48,690. The contract may be extended for two (2) additional one-year terms. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding for license purchase is included in the FY 18 Information Technology budget 001-1955- 551501-100. RECOMMENDATION: Staff recommends Board approval of the First Amendment to the Information Consultants Contract to allow for the purchase of additional licenses as well as establish fixed line item pricing for future license purchases and renewals and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 166 8.1.2 Coordination/Signatures .q AM do A Re Gino Butto, CIO 3/5/2018 0', 4t � anie . McIntyre, C my ttorney 3/7/2018 Jenni Hi �, Interim ffic of and B dget Direct ah/zoJa Ho and Tipton, Count Ad ministrato 3/9/2018 Updated: 3/8/2018 2:37 PM by Katrina Slay Page 2 Packet Pg. 167 8.1.2.a CONTRACT a I I Q THIS CONTRACT, made this I q day of QL--)U;Z> r , 2017, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "COUNTY", and INFORMATION CONSULTANTS, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1. PURPOSE/DESCRIPTION OF WORK That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. It is agreed that the work to be done under this Contract is Laserfiche Products Annual License and Maintenance as set forth in the quote dated 08/18/2017, attached hereto and made a part hereof. Any conflict between the terms and conditions of the quote and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. 2. PROJECT MANAGER The Project Manager for the County is Stephen Barber at (772) 462-1763. The Project Manager for the Contractor is Pierre Smith at (954) 802-0636. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work except as set forth in the County Purchasing Manual. 3. TERM The term of this Contract shall begin on October 1, 2017 and continue for a period of one year. Upon mutual written consent, this contract may be extended for two (2) additional one-year terms pursuant to the same terms and conditions. 4. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, the total amount not to exceed $48,690.00 (forty-eight thousand six hundred ninety and 00/100 dollars) per year. 1 Packet Pg. 168 8.1.2.a 5. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 6. AUDIT The Contractor 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 Contractor involving transactions related to this Contract. The Contractor 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 Contractor 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. 7. PUBLIC RECORDS The Contractor 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 Contractor in conjunction with this Contract. Specifically, the Contractor 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 contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@stiucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 z Packet Pg. 169 8.1.2.a 8. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day the work is accepted by the County Project Manager. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 9. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor 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 contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. 3 Packet Pg. 170 8.1.2.a The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 10. INDEMNIFICATION The Contractor shall indemnify and hold harmless the County and its officers, and employees, from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers and employees may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the construction contract. The Contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 11. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 12. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) for limits of not less than $1,000,000 per occurrence; and 2) a general aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. Packet Pg. 171 8.1.2.a Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers ' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 13. DEFAULT; TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, 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 Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor 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 Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and 5 Packet Pg. 172 8.1.2.a maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. 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 Contractor for all authorized work satisfactorily and responsibly completed through the termination date. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 14. NON DISCRIMINATION Contractor covenants and agrees that Contractor 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. 15. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 16. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or 6 Packet Pg. 173 8.1.2.a b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 17. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, as may be amended from time to time. 18. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 19. NOTICES 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 Ft. Pierce, FL 34982 As to Contractor: Information Consultants, Inc. 1395 Brickell Avenue, Suite 800 Miami, Florida 33131 Phone: (305) 434-7916 With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. 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. 20. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 7 Packet Pg. 174 8.1.2.a 21. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor'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 Contractor 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 Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor 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 Contractor under the terms of this Contract. 22. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 23. 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 Contractor and the County or its Project Manager. At all times, the Contractor 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 a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. 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. 8 Packet Pg. 175 8.1.2.a 24. 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. 25. 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 exclusively 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. 26. ANTITRUST ASSIGNMENT The Contractor 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 Contractor 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 Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ST. LUCIE COUNTY, FLORIDA BOARD -Of COUNTY COMMISSIONERS COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: n � MSS" 'COUNTY ATTORNEY INFORMATION CON TANTS C. BY: r PRINT NAME: 9 Packet Pg. 176 Q` Information Consultants, Inc. 15800 Pines Blvd, Suite 343 Pembroke Pines, FL 33027 accounting@icons-inc.com INVOICE TO St Lucie County Information Technology Attn: Steve Barber 101 Rock Road Ft Pierce, FL 34945 lnormaticn CONSULTANTS Aerfharized Reset ESTIMATE NO. 3680 DATE 02/27/2018 EXPIRATION DATE SOW NO. ' ACTIVITY QTY RATE AMOUN t EAFRM001 - Laserfiche RIO Forms Participants 1 151 140.00 2,100.0 EAFRM001 B - Laserfiche RIO Forms Participants LSAP: EXP 10/2017 15 28.00 420.0 . ENF - Laserfiche Named Full User 7 700.00 4,900.0 ENFB - Full Named Users Basic LSAP: EXP 10/2017 * 7 140.00 980.0 EFRMF - Laserfiche Forms Add -on for Named Users 7 70.00 490.0 EFRMFB - Laserfiche Forms LSAP: EXP 10/2017 * 7 7.00 49.0 i ERM - Laserfiche Records Management Edition 7 70.00 490.0 ERMB - Laserfiche Records Management Edition LSAP: EXP 10/2017 " 7 7.00 49.0 LSAP adjusted to six (6) to match current LSAP expiration dates. 1 -1,082.00 -1,082.0 i Thank you for the opportunity of providing this quote to your SUBTOTAL organization. TAX TOTAL $8,396.00 Accepted By Accepted Date If you have any questions, please reach us email: accountin icons-inc.com website: Packet Pg. 177 ph 8.1.2.c C17-10-682 FIRST AMENDMENT TO OCTOBER 19, 2017 CONTRACT BETWEEN ST. LUCIE COUNTY AND INFORMATION CONSULTANTS, INC. THIS FIRST 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 INFORMATION CONSULTANTS, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor") WHEREAS, on October 19, 2017 the parties entered into a contract to provide Laserfiche Products Annual License and Maintenance services; and, WHEREAS, the parties desire to amend the Contract to establish fixed pricing for additional license purchases and renewals over and above the initial contract. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. CONTRACT PAYMENT shall be amended to include the following fixed pricing: Laserfiche Rio Named Full User License $ 700.00 (each) Laserfiche Rio Full Named User LSAP $ 140.00 (each) Laserfiche Rio Forms Participants $ 140.00 (each) Laserfiche Rio Forms Participants LSAP $ 28.00 (each) Laserfiche Rio Forms $ 70.00 (each) Laserfiche Rio Forms LSAP $ 14.00 (each) Laserfiche Records Management $ 70.00 (each) Laserfiche Records Management LSAP $ 14.00 (each) Laserfiche Rio Forms Portal LSAP $ 1,599.00 Laserfiche ScanConnect LSAP $ 33.00 Laserfiche Quick Fields Classification Package LSAP $ 1,500.00 Laserfiche Quick Fields Agent LSAP $ 2,000.00 Laserfiche WebLink Public Portal LSAP $ 10,000.00 Import Agent LSAP $ 300.00 Laserfiche SDK LSAP $ 750.00 2. 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 Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR Packet Pg. 178 8.1.2.c C17-10-682 WITNESSES: (1) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY INFORMATION CONSULTANTS, INC. BY: (2) PRINT NAME: TITLE: 2 Packet Pg. 179 8.M.1 ITEM NO. (ID # 5066) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division Renewal of Multi -Year Inmate Contract DATE 03/20/2018 *CONSENT AGENDA\PARKS & RECREATION In 2005, 2007, 2009, 2011 and 2013 the Board entered into contracts with the Florida Department of Corrections (FDOC) to provide an inmate work squad to assist the Parks and Recreation Department with maintenance. Each contract provided for an additional one (1) year renewal which the Board subsequently approved. The 2013 contract expired on June 29, 2015 and, given the frequency of these contract renewals, staff requested to enter into an extended three (3) year contract with a three (3) year renewal option in the amount of $57,497.00 per year. This was the same yearly amount as the previous contract. When it was approved, the contract extended through June 29, 2018, with a renewal option through June 29, 2021. This agenda item is requesting the exercise of the renewal option in the contract through June 29, 1921. These funds are available in the departmental budgets. The program has played a critical role in the Parks and Recreation Department's ability to maintain the County's assets by providing over 7,500 hours of service. The work squad is utilized on a rotating schedule at Department parks, the Havert L. Fenn Center, the St. Lucie County Fairgrounds, First Data Field and the Savannas Recreation Area. In addition to maintaining restrooms, picking up trash and mowing, the squad also assists in event set-ups and other projects as needed. Under the contract, the County responsibilities are to: Provide a schedule of work. Obtain any licenses or permits, as required, for work to be performed by the inmate work squad. Provide transportation (van), including fuel and vehicle maintenance, for the work squad. Provide enclosed equipment trailer and tools as needed for work to be performed by the inmate crew. Provide communication equipment (cell phone). Retain ownership of vehicle and equipment. The Florida Department of Correction responsibilities are to: Packet Pg. 180 8.M.1 Provide one (1) Correctional Work Squad Officer. Provide up to five (5) inmates. Keep physical custody of the vehicle, trailer and tools, for security reasons. To the maximum extent possible, maintain stability in the inmate work squad in order to maximize the effectiveness of the inmate squad. Provide food and drinks for inmates' lunches. Administer disciplinary action according to FDOC policies and procedures. Provide medical treatment for ill or injured inmates. Provide inmates with all personal items of clothing appropriate for the season of the year. Drive to and from the work site(s). PREVIOUS ACTION: February 22, 2005 - Board approval of contract with FDOC January 23, 2007 - Board Approval of contract with FDOC. May 11, 2009 - Board approval of contract #C09-06-156 with FDOC. April 30, 2010 - Board approval of renewal of contract #C06-06-156 with FDOC. May 3, 2011 - Board approval of contract #C11-05-146 with FDOC. April 3, 2012 - Board approval of renewal of contract #C11-05-146 with FDOC. March 19, 2013 - Board approval of contract #C13-03-120 with FDOC. February 18, 2014 - Board approval of renewal of contract #C13-03-120 with FDOC. January 20, 2015 - Board approval of 3 year contract, with 3 year option, with FDOC. FINANCIAL IMPACT: Sufficient funds in the amount of of $57,497 are available in the following Parks and Recreation Department accounts: Regional Parks 001-7210-534300-700; Parks & Special Facilities 001-7215-534300-700; Savannas Recreation 001-7215-534300-7220; Fenn Center 001-7511-534300-7510; and Fairgrounds 001-7511- 534300-7420. RECOMMENDATION: Staff recommends Board approval of the Florida Department of Corrections Inmate Labor contract renewal and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Updated: 3/2/2018 3:06 PM by Michelle Peterson Page 2 Packet Pg. 181 8.M.1 Coordination/Signatures e�ArY3.lr�f Edward Matthews, Par s & ecreati n Director 2/27/2018 anie SWMcinty're,myorney 3/2/2018 Updated: 3/2/2018 3:06 PM by Michelle Peterson Page 3 Packet Pg. 182 8.M.1.a CONTRACT #WS976 AMENDMENT #1 CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS MIM-17 ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and the St. Lucie County, Board of County Commissioners ("Agency"), to provide for the use of inmate labor in work programs. This Amendment: • Renews the Contract for three (3) years pursuant to Section I., B., Contract Renewal; and revises ai the Contract referenced in Section I., A.; • Revises H., B., Description of Services, 1., Responsibilities of the Department, a.; to 0 • Revises Section III., COMPENSATION, C., Submission of Invoice(s); • Revises Section IV., CONTRACT MANAGEMENT; y a� • Revises Section VII., A., Records; y L • Revises Section VII., C., Disputes; ,o co • Revises Section VII., D., Force Majeure; • Adds Section VII., I., Cooperation with Inspector General; coa • Adds Section VII., J., Sovereign Immunity; and o • Adds Section VII., K., Americans with Disabilities Act; and • Revises Addendum A, third line. Q Original Contract period: June 30, 2015 through June 29 2018. In accordance with Section V., CONTRACT MODIFICATIONS, the following changes are hereby made: 1. Section I., CONTRACT TERM/RENEWAL, A., is hereby revised to read: I. A. Contract Term This Contract shall begin on June 30, 2015, or the last date of signature by all parties, whichever is later. This Contract shall end at midnight three (3) year(s) from the last date of signature by all E parties or June 29, 2021, whichever is later. In the event this Contract is signed by the parties on different dates, the latter date shall control. This Contract is in its final renewal term. 00 c m E REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK a Page 1 of 8 Packet Pg. 183 8.M.1.a CONTRACT #WS976 AMENDMENT #1 2. Section II., B., Description of Services, 1., Responsibilities of the Department, a., is hereby revised to read: II. B. Description of Services Responsibilities of the Department a. Pursuant to Rule 33-601.202(2)(a), Florida Administrative Code (F.A.C.), supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) work squad of up to five (5) inmates. 3. Section III., COMPENSATION, C., Submission of Invoice(s), is hereby revised to read: III. C. Submission of Invoice(s) The name, address and phone number of the Agency's official representative to whom W invoices shall be submitted to as follows: � Annette Jennings N .2) 3020 Will Fee Road y L 0 Fort Pierce, Florida 34982 co Telephone: (772) 462-1513 0 Fax: (772) 462-2377 `V Email: ienningsa&stlucieco.org o 4. Section IV., CONTRACT MANAGEMENT, is hereby revised to read: IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address, and phone number as indicated, as Department's Contract Manager and Department's Contract Administrator for the Project. A. Department's Contract Manager The Field Office Manager of the Martin Correctional Institution represented in this Contract is designated as the Department's Contract Manager and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison E with the Agency. The title, address, and telephone number of the Department's Contract — Manager for this Contract is: Field Office Manager Martin Correctional Institution 1150 S. W. Allapattah Road Indiantown, Florida 34956 Telephone: (772) 597-8034 a Email: Steven.Dionne&fdc.myflorida.com Page 2 of 8 Packet Pg. 184 8.M.1.a CONTRACT #WS976 AMENDMENT #1 B. Department's Contract Administrator The Department's Contract Administrator is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Department's Contract Manager. The title, address, and telephone number of the Department's Contract Administrator for this Contract is: Contract Administrator Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3681 Fax: (850) 488-7189 C. Agency'spresentative The name, address and telephone number of the representative of the Agency is: Matt Baum, Division Manager 3020 Will Fee Road a� Fort Pierce, Florida 34982 L Telephone: (772) 462-2551 ° Fax: (772) 462-2377 00 0 Email: baummkstlucieco.org N D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered, in writing, to the other party and said notification attached to originals of this Contract. 5. Section VII., A., Records, is hereby revised to read: VII. A. Records The Agency agrees to allow the Department and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119 and Section 945.10, F.S., made or received by the Agency in conjunction with this Contract. The Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Contract. 6. Section VII., C., Disputes, is hereby revised to read: VII. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Department's Contract Manager. Any dispute that cannot be resolved informally shall E be reduced to writing and delivered to the Department's Assistant Deputy Secretary of Institutions. The Department's Assistant Deputy Secretary of Institutions, shall decide a the dispute, reduce the decision to writing, and deliver a copy to the Agency, the Department's Contract Administrator, and Department's Contract Manager. Page 3 of 8 Packet Pg. 185 8.M.1.a CONTRACT #WS976 AMENDMENT #1 7. Section VII., D., Force Majeure, is hereby revised to read: VII. D. Force Maj eure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. 8. Section VII., I., Cooperation with Inspector General, is hereby added to read: VII. I. Cooperation with Inspector General In accordance with Section 20.055(5), F.S., the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. 9. Section VII., J., Sovereign Immunity, is hereby revised: VII. J. Sovereign Immunity y aM The Agency and the Department are state agencies or political subdivisions as defined W in Section 768.28, F.S., and agree to be fully responsible for acts and omissions of their ° own agents or employees to the extent permitted by law. Nothing herein is intended to co serve as a waiver of sovereign immunity by either party to which sovereign immunity N may be applicable. Further, nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Contract. Q 10. Section VII., K., American with Disabilities Act, is hereby added to read: VII. K. American with Disabilities Act The Agency shall comply with the Americans with Disabilities Act. In the event of the Agency's noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Contracts. 11. Addendum A, third line, is hereby revised to read: Interagency Contract Number WS976, Amendment #1 Effective June 30, 2018. 00 42 c m REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK a Page 4 of 8 Packet Pg. 186 8.M.1.a CONTRACT #WS976 AMENDMENT #1 All other terms and conditions of the original Contract remain in full force and effect. This Amendment shall begin on the last date of signature by all parties. IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their undersigned officials as duly authorized. AGENCY: ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: TITLE: DATE: FEIN: FLORIDA DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: Kasev B. Faulk TITLE: Chief. Bureau of Procurement DATE: Approved as to form and legality, subject to execution. SIGNED BY: NAME: Kenneth S. Steely TITLE: General Counsel DATE: 0 42 c m E a Page 5 of 8 Packet Pg. 187 8.M.1.a Revised Addendum A Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number WS976, AMD#1 Effective June 30, 2018 ***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total Annual Cost I FAnnual Cost CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED -EXPENSES TO BE REIMBURSED BY THE AGENCY: Officers Salary # Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00 Salary Incentive Payment $ 1,128.00 $ 1,128.00 Repair and Maintenance $ 121.00 $ 121.00 State Personnel Assessment $ 354.00 $ 354.00 Training/Criminal Justice Standards $ 200.00 $ 200.00 Uniform Purchase $ 400.00 $ 400.00 Uniform Maintenance $ 350.00 $ 350.00 Training/Criminal Justice Standards * $ 2,225.00 TOTAL - To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00 *Cost limited to first year of contract as this is not a recurring personnel/position cost. ** Annual cost does not include overtime pay. IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average benefit package provided by the department, represented as time and one half for purposes of this Contract.) Number Total Squads Annual Cost II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY: Costs include but may not be limited to the following: Rain coats, staff high visibility safety vest, inmate high visibility safety vest, fire extinguisher, first aid kit, personal protection kit, flex cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00 TOTAL - To Be Billed By Contract To Agency $ 750.00 III. ADDITIONAL AGENCY EXPENSES: Tools, equipment, materials and supplies not listed in Section II above are to be provided by the Agency. CELLULAR PHONE WITH SERVICE REQUIRED: ENCLOSED TRAILER REQUIRED: Addendum A Revised 06-02-03/01-12-04 YES [j NO ❑ YES ® NO ❑ Page 6 of 8 Packet Pg. 188 8.M.1.a Revised Addendum A Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number WS976, AMD#1 Effective June 30, 2018 Per Unit Number IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Hand Held Radio MACOM $4969.00 Vehicle Mounted Radio MACOM $5400.00 1 TOTAL Operating Capital To Be Advanced By Agency V. TOTAL COSTS TO BE ADVANCED BY AGENCY: 1. Operating Capital - from Section IV. 2. Grand Total - To Be Advanced By Agency At Contract Signing: VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: 1. Correctional Officer Salaries and Position -Related Expenses - from Section I. 2. Other Related Expenses and Security Supplies - from Section ll. 3. Grand Total - To Be Billed To Agency By Contract: Total Bill To Provided Already Cost Agency By Agency I Exists $ Total Cost $0.00 $0.00 Total Cost $56,747.00 $750.00 $57,497.00 VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: Year 1 $57,497.00 (Total of Sections V. and VI.) Year 2 $57,497.00 Year 3 $57,497.00 TOTAL $172,491.00 Vill. OVERTIME COSTS: If the contracting Agency requests overtime for the work squad which is approved by the Department, the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime. Addendum A Revised 06-02-03/01-12-04 Page 7 of 8 Packet Pg. 189 8.M.1.a Addendum A - INSTRUCTIONS Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number WS976, AMD#1 Effective June 30, 2018 Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed. By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost" column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the "Total Annual Cost" column for "Training/Criminal Justice Standards" after you have entered the "# Officers Multiplier". Section II. Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing. The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad is equipped with a first aid kit and a personal protection equipment (PPE) kit. Section II identifies such required equipment. A new squad must be sufficiently equipped and an on -going squad must be re -supplied when needed. Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense of $750.00 per squad and place the total in Section VI. Section III. Check "Yes" or "No" to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager Section IV. The Department's procedure for Outside Work Squads requires that they have at least one (1) primary means of direct communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate. It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them. If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed. Check the box for the type of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns. Leave the Total Cost column blank if a radio(s) is not being purchased at this time. Check applicable boxes ("Bill to Agency", "Provided by Agency" and "Already Exists") for each radio. NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out. Section VI. The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here. Section VII. The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here. Section VIII. Any agreement in this area will be billed separately as charges are incurred. Addendum A Revised 06-02-03/01-12-04 Page 8 of 8 Packet Pg. 190 8.P.1 ITEM NO. RES-2018-45 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners James Oppenborn, Coastal Res. Supervisor Public Works Moore's Creek Donations DATE: 03/20/2018 *CONSENT AGENDA\PUBLIC WORKS The St. Lucie County Artificial Reef Program is working with the Florida Fish and Wildlife Conservation Commission and numerous volunteer organizations to restore tapegrass in Moore's Creek. Donations will purchase materials for this restoration. Funds have been placed in Revenue Account 184-4117-366900- 39003 and will be made available in Expense Account 184-4117-549990-39003. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds in the amount of $1050.00 will be transferred to 184-4117-549990-39003 (Miscellaneous Expenses). RECOMMENDATION: Staff recommends Board acceptance of a $350.00 donation from Greenscape Services, Inc., a $350.00 donation from the Fort Pierce Sportfishing Club and a $350.00 donation from Janice Wilson to the St. Lucie County Public Works Department Artificial Reef Program, approval of attached budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 191 8.P.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 D- 4anieA..McIntyre, C my ttorney 2/21/2018 Jenni Hi �, Interim ffic of and B dget Direct z/zo/zois -10'ef 7 "". - " �411'w TI, z " i rk 5 er ee 1 ep C o u n t-y-Ad ministrato 2/28/2018 Updated: 3/19/2018 2:39 PM by Katrina Slay Page 2 Packet Pg. 192 8.P.1.a VA V - mt ., - Public Works - Administration MEMORANDUM TO: St. Lucie County Finance Department FROM: James B. Oppenb Coal Resources Coordinator DATE: February 7, 2018 SUBJECT: Deposit a $350 contribution from Janice Wilson Please deposit the attached check into Account 184-4117-366900-39003 (Donations) for use by the Artificial Reef Program. The Program will be requesting permission from the Board of County Commissioners to accept these contributions and the concomitant Budget Resolution so that we can use the funds to help restore Moore's Creek. JANICE WILSON 855 RIOMAR DRIVE 772-231-5248 VERO BEACH, FL 32963 1 /. (a Noo�r�thern trust MEM/' ►/O _ 00,:;I20- c% 660 55919 00716352(�,j/ r DATE ��, 1:066009650l: 007 i63S 20 iiin 00460 460 1LLARS Cc: file CHRIS DZADOVSKY, District No. I -- Linda Bartz, District No. 3 — FRANNIE HUTCHINSON, District No. 4- Cathy Townsend, District 5 County Administrator — Howard N.Tipton 2300 Virginia Avenue, Fort Pierce, FL 34982 - (772) 462-1692 - Fax (772) 462-1565 - TDD (772) 462-1428 Packet Pg. 193 8.P.1.b RESOLUTION a� L O 0 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 1i three $350 donations from the Fort Pierce Sportfishing Club, Greenscape Service, Inc., and Janice Wilson, o o totaling $1,050, for tapegrass restoration at Moore's Creek. N w WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a 00 0 resolution to appropriate and expend such funds. N NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of March, 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 184-4117-366900-39003 Donations $1,050 APPROPRIATIONS 184-4117-549990-39003 Miscellaneous Expenses $1,050 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 MARCH 2O18. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY a 00 c d E U a r r Q Packet Pg. 194 8.P.2 ITEM NO. (ID # 5044) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Patrick Dayan, Water Quality Manager Water Quality/Stormwater Division Melville Road Stormwater Improvements Phase 1 03/20/2018 *CONSENT AGENDA\PUBLIC WORKS The Melville Road drainage area comprises a residential neighborhood of approximately 175 acres in White City that drains into the North Fork of the St. Lucie River. The drainage area is bounded by West Midway Road, U.S Route 1, Ulrich Road and Oleander Avenue. The roads within this area are milled, chip sealed or paved, and have limited drainage conveyances and no detention ponds for water quality treatment or flood attenuation. Homes in this area pre -date modern stormwater requirements and are low-lying compared to the roadway elevations. A portion of the study area along Melville Road has no positive drainage outfall and can flood during heavy rains. Approximately half of the neighborhood drains to the east into NSLRWCD Canal #19. The remainder flows westward into the Oleander Avenue right-of- way. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as oil, grease, nutrients and pesticides which are deposited into St Lucie County's natural surface water bodies. The Florida Department of Environmental Protection (FDEP) has established a Total Maximum Daily Load (TMDL) and adopted a Basin Management Action Plan (BMAP) for the St. Lucie Estuary, which includes the Melville Road drainage area. In 2014, staff contracted with Bowman Consulting, who completed a conceptual drainage study in August 2016. A land budget analysis was developed to provide water quality and quantity treatment for the overall neighborhood. A pond parcel sufficient to treat the east half of the neighborhood was acquired in 2017. The attached scope of work will provide final engineering design, environmental assessment, and permitting services for the first phase of the neighborhood, such that the project will be "shovel ready" for construction. A shovel -ready project is more likely to receive matching grant funds when compared to a project in the design stage, as many granting agencies have aggressive schedules to complete projects. Provided the funding becomes available, completing the construction of the Melville Road Stormwater Improvement Project Phase 1 will progress the County towards meeting the mandated nutrient load reduction allocation for the St. Lucie River BMAP. Packet Pg. 195 8.P.2 PREVIOUS ACTION: On June 17, 2014 the Board approved of Work Authorization No. 2 in the amount of $135,295 under contract C09-10-666 with Bowman Consulting Group, Ltd., to perform an existing stormwater model and a conceptual design. On March 7, 2017, the Board approved a $250,000 increase in the project funding to acquire property for stormwater parcels. On March 28, 2017, the Board approved the Contract from US Acquisition Property I, LLC, to acquire 13.84 acres along Melville Road to be used as a stormwater parcel. FINANCIAL IMPACT: Sufficient funds of $198,820 are available in 102001-3725-56XXXX-123600, Melville Road Stormwater Master Plan. RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 1 in the amount of $198,820.00 under contract C14-11-654 with Bowman Consulting Group, Ltd., and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures l o i West, Public Works director c 2018 anie . McIntyre, C my ttorney 2/27/2018 Jenn H i, interim 6ffic of l — and a dget Direcft 2/26/2018 rk S er ee, D e uK C o u n t'Y'Ad min —is trato 2/28/2018 updated: 3/8/2018 10:50 AM by Katrina Slay Page 2 Packet Pg. 196 8.P.2.a EXHIBIT "A" SCOPE OF SERVICES For MELVILLE ROAD STORMWATER IMPROVEMENTS Description This proposal covers Engineering, Surveying, Geotechnical, Environmental and Permitting Services related to the preparation of a Roadway and Drainage Plan for Stormwater Improvements at Melville Road, St. Lucie County, FL in accordance the St. Lucie County Continuing Engineering Services Contract. The project consists of improvements to an approximately 80-acre eastern half of an existing neighborhood in White City. Please refer to attached exhibit of the project area. The purpose of the improvements are to provide stormwater quality and flood attenuation for the neighborhood. The County has purchased a 14 acre parcel on the east side of Melville Road, "Pond Site" to serve the project. The project consists of replacing chip -sealed roads with standard asphalt roads, designing a swale and culvert conveyance system to manage the drainage for the roads, and the creation of a stormwater management pond for the purposes of providing water quality and flood attenuation for the neighborhood. The project is not expected to go under construction for a couple of years, and therefore bidding assistance, construction services and certifications are not part of this proposal. II. Scope of Services Task 1. Team/Agency Meetings and Project Management: The CONSULTANT will attend development meetings with the CLIENT to discuss the schedule and progress of the work. This task also includes a pre -application meeting with the South Florida Water Management District (SFWMD) and the North Saint Lucie River Water Control District (NSLRWCD) for the purposes of reviewing the plan in anticipation of submitting a SFWMD General Permit for Stormwater Retrofit and a NSLRWCD Drainage Connection Permit. Coordination with other consultants and disciplines are also included under this task. Page 1 of 13 Packet Pg. 197 8.P.2.a Task 2. Survey Services: Parcel "H" Topographic Survey The consultant shall perform a topographic survey of Parcel "H" per the work objective in accordance with the Standards of Practice for Surveys set forth in Chapter 5J-17 .051 of the Florida Administrative Code and to the St. Lucie County Standards. All work performed shall be under the direction of a Professional Surveyor and Mapper registered in the State of Florida in accordance with Chapter 472 of the Florida Statutes. The survey shall include the following; • Visible signs of above ground improvements shall be located within the boundary and 5 feet along the perimeter. • Elevations established at 50-foot intervals and at all significant grade changes and features. • Locate and identify all native trees 4" and greater at breast height. • Locate, survey and delineate the wetland areas designated by others. Crew Hours 3 Man Crew @ $150 per Hour Topo = 20 Hours Tree Location & Classification = 20 Hours Wetland Location = 5 Hours Total Hours - 45 (45 x $150 = $6,750.00) Sr Survey Technician @ $85.00 per hour Data Processing =4 Hours Drafting = 40 Hours Total Hours — 44 (44 x $85 = $3,740.00) Sr. Professional Surveyor @ $155.00 per hour Admin., Supervision, Coordination, Data Processing, QA/QC = 5 Hours Total Hours — 5 (5 x $155 = $775.00) Total Parcel H Survey = $11,265.00 Roadway Surveys The survey shall include the following: • Cross sections along Brack Road, Noa Street Melville Road, Ulrich Road, Russ Road, Olive Street, Kearney Road, Cory Campbell Road, Anita Street, Smith Lane and Juniper Street approximately 13,600 linear feet (+/- 140 cross sections). The cross sections shall be taken at 100-foot intervals and shall extend 5 feet outside the right of ways. The cross section shall include all significant features and changes in grade. • Locate all above ground visible signs of improvements within the road right of ways. Those improvements shall include, but not be limited to, utilities, mail boxes, signs, fences, driveways and trees 4 inches or greater at breast height. Page 2 of 13 Packet Pg. 198 8.P.2.a Crew Hours 3 Man Crew @ $150 per Hour Survey Control = 20 Hours Cross Sections = 45 Hours Locate Improvements = 60 Hours Total Hours - 125 (125 x $150 = $18,750.00) Sr Survey Tech @ $85.00 per hour Data Processing = 4 Hours Drafting = 120 Hours Total Hours — 124 (124 x $85 = $10,540.00) Sr. Professional Surveyor @ $155.00 per hour Admin., Supervision, Coordination, Data Processing, QA/QC = 20 Hours Total Hours — 20 (20 x $155 = $3,100.00) Total Roadway Surveys = $32,390.00 Total Survey Services Fee = $43,655.00 Survey Drawing The survey drawing shall include the following: • A cover sheet with legal description, surveyor's notes, location sketch, legend and certification. • A key sheet showing the sheet layout with image background. • Plan view sheets showing the survey control points, improvements, cross section locations, elevations, approximate right of way lines, approximate intersecting property lines, and finished floor elevations with image background. • Topographic survey of Parcel "H" showing spot elevations, improvements, contours and approximate boundary lines (boundary lines to be furnished by client in CAD format from prior survey from another consultant) • Cross section sheets with grid showing the current sections and design sections. • FFE of all structures (previously obtained) • Approximate lot lines and ROW lines based on plat records. Not Included • Right of way boundary surveys (previously obtained) • Subsurface Utility Engineering (SUE) Deliverables • Three signed and sealed copies of the survey drawing. • Electronic PDF file of the survey drawing. • Electronic CADD file of the survey drawing. Page 3 of 13 Packet Pg. 199 8.P.2.a Task 3. Environmental Assessment: The CONSULTANT will manage the services of an ENVIRONMENTAL PROFESSIONAL to conduct an Environmental Assessment of the pond site, Parcel "H". The ENVIRONMENTAL PROFESSIONAL shall provide the following services: Wetland Delineation HSE biologists will determine if on -site wetlands occur at the referenced project site. If present, wetlands will be delineated according to the State of Florida, South Florida Water Management District (SFWMD), FAC 62-340 and the U.S. Army Corps of Engineers (ACOE) Wetland Delineation Manual, Technical Report Y-87-1. Wetland boundaries will be flagged with pink surveyor's tape marked "Wetland Delineation" and consecutively numbered. Biologists will mark the approximate delineation on a St. Lucie County aerial photograph for the Client's review. HSE will complete all ACOE and SFWMD Field Data Sheets. Field Verification with SFWMD and ACOE HSE will complete the SFWMD E-Permit Application for a Jurisdiction non -binding wetland determination. The application fee is $500.00. HSE will also contact the ACOE and provide them with the required information for a jurisdictional wetland determination. HSE will conduct field ground-truthing of the wetland with staff members of SFWMD and ACOE. HSE will provide DRAFT maps for agency review and comment. All comments from the agencies will be incorporated into the final wetland delineation map. Protected Species HSE will conduct a protected species survey on the referenced site. Biologists will conduct a preliminary systematic survey for protected species in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) Guidelines. Biologists will record all observations of listed and protected species and features that may indicate species presence. Physical features may include, but are not limited to, tree markings, burrows, tracks, nests, scat and cavity trees. HSE will request that the U.S. Fish and Wildlife Service (FWS) and the FFWCC review their files for the presence of any listed species that may be present on -site. This contract does not cover a five (5) day Florida scrub - jay (Aphelocoma coerulescens) survey or a 100% gopher tortoise (Gopherus polyphemus) survey. If required, a Florida scrub jay survey and/or a 100% gopher tortoise survey will be completed under separate proposals. Page 4 of 13 Packet Pg. 200 8.P.2.a Vegetation Survey (FLUCFCS) HSE Biologists will conduct a systematic survey of vegetation using the Florida Land Use, Cover and Forms Classification System (FLUCFCS), Handbook. FLUCFCS was developed by the State of Florida, Department of Transportation, Surveying and Mapping, Geographic Mapping Section, January 1999. Biologists will base the vegetative community descriptions on field survey observations, SCS soil maps and aerial photograph interpretation. Soil Map/Survey Biologists will map all project soils. Soils will be mapped according to the Soil Survey of St. Lucie County, Florida, United States Department of Agriculture, Soil Conservation Service. SHPO Coordination HSE will coordinate preliminary historical and/or archaeological resource review with the Florida Department of State, Division of Historical Resources, State Historical Preservation Officer (SHPO). Preliminary Environmental Assessment Report HSE will prepare a preliminary environmental report based on data compiled in Tasks I through VII above. The report will discuss the environmental issues associated with the above referenced project site. The report may be used to address local, Federal and State environmental permitting issues. Agency Meetings and Coordination HSE will attend two (2) meetings with Bowman Consultants and St. Lucie County. HSE will attend two (2) meetings, one each for South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE) staff. Additional meetings will be billed on a Time and Material basis. Permitting Assistance HSE will collaborate with Bowman Consulting the environmental sections of the SFWMD/COE ERP permit application Services will include, but are not limited to, preparation of all environmental drawings (to be signed and sealed by Bowman Page 5 of 13 Packet Pg. 201 8.P.2.a Consulting) associated with the permit modification, preparation of a Mitigation, Monitoring and Maintenance Plan, and wetland WRAP and UMAM analysis, etc. HSE will respond to two (2) requests for additional information (RAI) letters one from SFWMD and one from COE, and prepare all environmental figures for RAI responses. Additional RAI efforts due to errors or omissions by consultant shall be included at no additional cost to the County. STA Planting Plan HSE will collaborate with Bowman Consulting to design a STA for the Parcel H project site. Services will include the preparation of a Planting Plan in accordance with SFWMD and COE Guidelines. (Planting plan dwg, bid documents, planting plan detail sheets). Scrub jay Transects HSE biologist will set-up Scrub -jay transects with call stations according to US Fish and Wildlife Guidelines. Transect lines will be cut through the vegetation and scrub -jay call stations will be flagged the GPS coordinates recorded. Task 4. Geotechnical Subsurface Soil Exploration: The CONSULTANT will manage the service conduct a Subsurface Soil Exploration within ENGINEER shall provide the following services: Project Understanding s of a GEOTECHNICAL ENGINEER to the project site. The GEOTECHNICAL AACE has previously prepared a Geotechnical Engineering Evaluation for the Melville Road drainage improvement project, and presented our findings and recommendations in a report dated August 26, 2015 (AACE File No. 14-155). We understand that St. Lucie County recently has acquired an approximately 14-acre parcel (Parcel H, SLC Parcel ID 3410-211-0001-000-3) which borders Melville Road. As such, this parcel is intended to be utilized for 10-acre stormwater retention pond with an anticipated depth of less than 20 feet. Additionally, we understand that pavement and drainage improvements are proposed for approximately 7,000LF of Melville Road and intersecting streets. Page 6 of 13 Packet Pg. 202 8.P.2.a Limited Land Clearing Based on observations made during our site visit on October 19, 2017, the Pond H subject property is currently vacant and overgrown/wooded with no vehicular access to the interior of the site with the exception of a few apparent "ATV" trails. As such, in order to provide access for our crews and equipment, limited land clearing/mulching/mowing of paths will be required. The required limited land clearing is estimated to consist of an AACE representative clearing 10 foot (±) wide paths in the vegetation using a rubber tire front-end loader. Alternatively, a sub -contractor will be retained to mulch or mow paths in the vegetation. The cleared debris will be left stockpiled on the site along the cleared paths (or will appear as mulched materials within the paths), and the work is expected to have a maximum duration of 1 day. We note that the scope of service presented herein includes preparing and submitting the necessary permit application (Notice of Vegetation Removal) from St. Lucie County Environmental Resources Department (SLC-ERD) for this limited clearing. At the time of preparing this proposal we have not been able to reach SLC-ERD to confirm this such a permit is required. Should it not be required, we will not charge for these services. However, the scope of service does not include contracting the services of an environmental specialist for the purpose of identifying wetland and/or upland vegetation, or protected species of animals. Andersen Andre Consulting Engineers, Inc. cannot accept any responsibility for damages done to such flora or fauna if their presence is not indicated prior to, and during, land clearing. The owner's environmental representative should beon-siteduring all clearing operations forthe purpose of assuring that all regulatory protocols relative to land clearing arefollowed. Field Exploration Program Based on our understanding of the project, ourexperience with subsurface conditions in the site vicinity, and on your request, we propose to perform the following exploration program: POND H PROPERTY Three (3) Penetration Test (SPT) borings (ASTM D1586) to depths of about 25 feet below the existing ground surface. Three (3) 6-ft deep exfiltration tests will be performed to obtain soil hydraulic conductivity values for your use in the design of stormwater runoff and detention facilities. These tests will be performed in accordance with methods described in Page 7 of 13 Packet Pg. 203 8.P.2.a the South Florida Water Management District(SFWMD) Environmental Resource Permit Information Manual (ERPIM), Volume IV. • Measure the groundwater table (relative to the adjacent outside grades) in four piezometers installed along Melville Road during our previous work. EXISTING ROADWAYS (MELVILLE ROAD AND SIDE STREETS • Fifteen (15) pavement cores to explore the thicknesses of the various elements in the pavement sections (i.e. asphaltic concrete wearing surface, base course, and subgrade soils to depths of 5-7 feet below grade). The cores will be performed using a 4-inch (I.D.) diamond- tipped core barrel and the subgrade soils will be explored using hand augers in general accordance with ASTM D1452. The cored areas will be backfilled with accumulated soil cuttings and covered with an asphaltic "cold -patch" material upon completion of the field work. • Collect six (6) representative bulk samples of the existing materials for laboratory Limerock Bearing Ratio (LBR) testing (FDOT FM 5-515). The proposed field work will be completed using a truck -mounted drill rig in addition to hand -carried equipment and support trucks. It is assumed that only limited MOT will be needed, anticipated to consist of signs/cones, trucks with flashing lights, and a flagmen. Laboratory Testing Program AACE's project engineerwill perform visual classification on the recovered samples and will coordinate a suitable laboratory testing program of select samples. Laboratory testing may include grain size, Atterberg limits, organic content, moisture content, etc. In addition, Limerock Bearing Ratio (LBR) testing will be completed on the collected bulk samples for comparison with the requirements of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction (Section 911, Base and Stabilized Base Materials). Engineering Analysis & Report AACE will perform engineering analysis of all data obtained to evaluate general subsurface conditions and to develop engineering recommendations to guide pertinent geotechnical engineering aspects of the project. Our recommendations will be presented in a written report upon conclusion of the study, along with all data developed during the exploration and our laboratory testing. Page 8 of 13 Packet Pg. 204 8.P.2.a Task 05 — Drainage Design Conveyance Design The CONSULTANT will prepare a set of civil construction plans depicting the proposed improvements to the existing swale and culvert conveyance system throughout the neighborhood to eliminate localized ponding and to route efficiently the stormwater runoff from the neighborhood to the pond site: • Swale cross sections will be analyzed to maximize the catchment area that can be diverted into the storwmater pond. • A new ditch bordering Melville Road will be created to gather runoff from the southern end of the project into the pond. • The existing ditch on the northern end of Melville Road will diverted into the stormwater pond. • Culverts that need replacement, and new culverts will be identified to route the stormwater to the pond. • Improved driveway aprons and culverts. Stormwater Pond The CONSULTANT will design a stormwater pond to provide water quality treatment, stormwater attenuation and flood relief within the 14 acre pond site. • An outfall will be designed connecting the stormwater pond to the existing NSLRWDC canal 19 abutting the pond site. • The pond sections will be designed to provide for littoral zone plantings, and to provide both shallow and deep pools for water quality treatment. • A portion of the pond will be designed to provide mitigation for any wetlands to be impacted by the project. • The pond will meet the requirements of the South Florida Water Management District, (SFWMD) the North Saint Lucie River Water Control District (NSLRWCD) and Saint Lucie County. • The CONSULTANT will coordinate with the County's Environmental Resource Department to delineate a passive park and nature trail in the area surrounding the pond. No amenities are proposed for this area. • An ICPR (Ver 4) stormwater model will be created depicting the proposed drainage system to analyze the pre vs post stormwater conditions. • A drawdown calculation for the wet detention pond will be performed. • A nutrient analysis based on the University of Central Florida BMP-Trains model, and requirements of the FDEP TMDL program will be performed for the proposed improvements. • A stormwater report depicting all the inputs, design parameters and outputs will be prepared detailing the design of the stormwater system. Page 9 of 13 Packet Pg. 205 8.P.2.a • Alternate innovative BMP's that will allow enhanced nutrient treatment within the pond will be analyzed. This task includes four submittals to the County at the 30%, 60%, 90% and 100% completion phases for the project. Task 06 — Roadway Design The CONSULTANT will prepare a plan and profile of the existing roadways within the project depicting: • The areas of chip -sealed pavement to be replaced with standard duty asphalt. • Typical roadway section • Drainage improvements alongside the roads. (Plan and Profile Sheets) • Striping and signing plan. • Erosion Control Plan. • Survey control and benchmarks at the intersections. • Areas of encroachment by homeowner's within the ROW that will be impacted by the improvements. • Pavement section. • Standard County Details and Specifications. • MOT plan, including a detour plan. • The design will be presented at 1"=40' scale for submittal on 11" X 17" format. • Cross Section Sheets We will submit plans at 30%, 60%, 90% and 100% along with draft technical specifications at 90% and 100% to the COUNTY for review and comment. An opinion of probable construction costs will be included with each submittals. The plans will be coordinated with the Melville Road improvements proposed by the FDOT Midway Road widening project. Task 07 — Permitting Services THE CONSULTANT will prepare and submit a South Florida Water Management District (SFWMD) General Notice Environmental Resource Permit (ERP) application for the project construction. Page 10 of 13 Packet Pg. 206 8.P.2.a As a matter of course, the SFWMD will notify the Army Corps of Engineers (ACOE). The ACOE may want to unilaterally issue an additional permit. Processing of the ACOE permit is included in the environmental task above. The permit application submittal will include a separate permit application to the NSLRWCD for connection of the pond outfall to their Canal No. 19. We will respond to up to 2 (two) Requests for Additional Information (RAI) for the application and resubmit. Additional RAI efforts due to errors or omissions by consultant shall be included at no additional cost to the County. Any application fees are not included in this scope and will be provided by St. Lucie County Task 8 — Utility Coordination The CONSULTANT will generate a Sunshine State Engineering Locate Ticket which will list all the known utilities with facilities within the project. The CONSULTANT will contact all utilities identified by the Engineering Ticket and obtain any as - built information available, incorporating any information provided by the utilities into the construction plans. This task does not include any subsurface utility exploration, pot holing or the use of ground penetrating radar. Page 11 of 13 Packet Pg. 207 8.P.2.a EXHIBIT "B" SCHEDULE For MELVILLE ROAD DRAINAGE AND ROADWAY PLAN All work authorized shall be completed in accordance with the following schedule TASK RECEIVABLE DUE Task 1 Meetings As requested Task 2 Survey Services 60-days from NTP Task 3 Environmental Assessment 120-days from NTP Task 4 Geotechnical Report 60-days from NTP Task 5 Drainage Design 180-days from NTP Task 6 Roadway Design 180-days from NTP Task 7 Permitting 240-days from NTP Task 8 Utility Coordination 120-days from NTP Page 12 of 13 Packet Pg. 208 8.P.2.a EXHIBIT "C" COMPENSATION For MELVILLE ROAD DRAINAGE AND ROADWAY PLAN The compensation for the above stated tasks is as follows: Task Activity Hourly Not to Exceed Task 1 Meeting & Coordination Task 2 Survey Services Task 3 Environmental Assessments Task 4 Geotechnical Explorations Task 5 Drainage Design Task 6 Roadway Design Task 7 Permitting Task 8 Utility Coordination Page 13 of 13 $ 7,700.00 $ 43,655.00 $ 14,005.00 $ 15,490.00 $ 54,190.00 $ 44,660.00 $ 10,670.00 $ 8,450.00 $198,820.00 Packet Pg. 209 8.P.2.b WORK AUTHORIZATION NO. 01 CONTRACT C14-11-654 STORMWATER MANAGEMENT DESIGN & PERMITTING SERVICES THIS WORK AUTHORIZATION is made as of the day of 12018, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and BOWMAN CONSULTING GROUP, LTD., hereinafter referred to as the "Consultant" WITNESSETH: WHEREAS, on November 18, 2014, the County entered into a Professional Engineering Services Agreement (Contract No. C14-11-654) hereinafter referred to as "Contract" with the Consultant to provide continuing professional civil engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Melville Road Stormwater Improvements (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional architectural services for the Project under the pricing, terms and conditions of the continuing contract (C14-11-654). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the hourly rates and will not exceed a total amount of $198,820.00 (one hundred ninety-eight thousand eight hundred twenty and 00/100 dollars), as further detailed in Exhibit "C". Page 1 of 3 Packet Pg. 210 8.P.2.b 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within 240 (two hundred forty) calendar days thereafter, as further described in Exhibit "B". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $100.00 (one hundred and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 Packet Pg. 211 8.P.2.b WITNESSES: (1) BOWMAN CONSULTING GROUP, LTD. BY: (2) PRINT NAME: PRINT TITLE: Page 3of3 Packet Pg. 212 Project: Melville Road Drainage and Roadway Plan Date: 1 /12/2018 8.P.2.c By: Octavio 'Oats' Reis, P.E. Manhour Projection Task Scope of Services Employee Hours Rate Sub -Total 1 Meeting and Coordination Sr. Project Manager 20 $155.00 $ 3,100.00 Professional Engineer 20 $145.00 $ 2,900.00 Project Engineer 11 20 $ 85.00 $ 1,700.00 Total Task 1 $ 7,700.00 2 Survey Services Sr. Professional Surveyor 25 $155.00 $ 3,875.00 Sr. Survey Technician 168 $ 85.00 $ 14,280.00 3 Man Survey Crew 170 $150.00 $ 25,500.00 Total Task 2 $ 43,655.00 3 Environmental Svcs Hobe Sound Environmental $14,005.00 4 Geotechnical AAC E $15,490.00 5 Drainage Design Sr. Project Manager 40 $155.00 $ 6,200.00 Professional Engineer 122 $145.00 $ 17,690.00 Project Engineer 11 180 $ 85.00 $ 15,300.00 CAD Designer 1 200 $ 75.00 $ 15,000.00 Total Task 5 $ 54,190.00 6 Roadway Design Sr. Project Manager 40 $155.00 $ 6,200.00 Professional Engineer 68 $145.00 $ 9,860.00 Project Engineer 11 160 $ 85.00 $ 13,600.00 CAD Designer 1 200 $ 75.00 $ 15,000.00 Total Task 6 $ 44,660.00 7 Permitting Sr. Project Manager 10 $155.00 $ 1,550.00 Professional Engineer 16 $145.00 $ 2,320.00 Project Engineer 11 80 $ 85.00 $ 6,800.00 Total Task 7 $ c a� E aD 0 0. E a� r 3 E L 0 0 0 a� a� v 0 LO Packet Pg. 213 8.P.2.c 8 Utility Coordination Sr. Project Manager 10 $155.00 $ 1,550.00 Professional Engineer 10 $145.00 $ 1,450.00 aD Project Engineer II 20 $ 85.00 $ 1,700.00 w CAD Designer 1 50 $ 75.00 $ 3,750.00 L Q. E [Total Task 8 $ 8,450.00 r Total $198,820.00 L O r NNO C0 C O oo r N r O N C O r v O 0" O L a L 0 C� G d E 0 i 0 L Q E L 0 m : E L 0 v! NN0 1.6 0 C0 G U J N V N a r c m E u r r Q Packet Pg. 214 - MIDWAY ROAD 8.P.2.d Jf& -_ A WEST OUTFALL , r A Bowman Consulting Group, Ltd., Inc. 3g15EGc)28 BNd, Bowman SI."Stuart• FL I_ sun Phone: (]]2�23-1413 C O N S U L T I N G Fax: (]]2) 2 0-7881 —.bowmanconsulgng. Professional Engineers, Certificate of Authorization License No. 30462 � Bowman Conaumng croup, W. Professional Surveyors and Mappers, Certificate License No. LB. 8030 r - z - p 1�0) E 0 ,z E CIO E O _..'off 1t. . '"► !a� � ,= o AlOr EAST OUTFALL LO A. �. ♦2 IN/� - 006 E h C1 t Q I i • Fri 017 PROJECT BASIN MAP PROJECT 70. MELVILLE DRAINAGE STUDY o o2as-oi-oo SCALE: 1"=500' • St. Lucie County , F Packet Pg. 215 8.P.3 ITEM NO. (ID # 4964) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Kimberly Graham, County Engineer Engineering Midway Road Widening (25th Street-US1) DATE: 03/20/2018 *CONSENT AGENDA\PUBLIC WORKS The Florida Department of Transportation (FDOT) has retained Morrison -Cobalt JV to widen Midway Road from 25th Street to US 1. As part of the project, the contractor is required to line the existing drainage pipes on 25th Street north of Midway Road. In order to complete this work quickly, and thereby reduce the impacts to the traveling public, the contractor intends to utilize a lane closure and perform the work at night. While it is anticipated that the work will not violate the County's noise ordinance, which restricts excessive noise and vibration levels to certain hours of the day, the movement of equipment may. Therefore, Morrison -Cobalt JV has submitted a request for a special permit in accordance with Section 28- 112 of the St. Lucie County Code of Ordinances. The closest resident is located more than 900 feet from the proposed work. Staff recommends the Board approve Morrison -Cobalt's request subject to the following conditions: 1. Approval shall be valid for three (3) days only (with allowances for weather). 2. All work outside of normal work hours will be confined to the 25th Street right-of-way. 3. The contractor will make serious efforts to reduce the occurrence of the back-up alarms. 4. The permit can be revoked with 24 hours' notice if excessive complaints result. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to grant Morrison -Cobalt JV's request for a special permit, in accordance with Section 28-112 of the St. Lucie County Code of Ordinances, in support of Midway Road Widening (25th Street-US1). Packet Pg. 216 8.P.3 COMMISSION ACTION: Coordination/Signatures A\ 9-If"ta 7S - � �- L- n We t, Public Works Director 018 b—aniefS. McIntyre, Xmy ttorney 2/23/2018 7"� '/'/' Z(T1Kx � rk S er ee, Dep County ministrato 3/9/2018 Updated: 3/8/2018 2:39 PM by Katrina Slay A Page 2 Packet Pg. 217 St. Lucie County; PL Code of Ordinances 8.P.3.a Sec. 28-112. -Application for special permit. (a) Application for a permit for relief from the noise and vibration levels designated in this article on the basis of undue hardship may be made to the board of county commissioners. Any permit granted by the board hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The board may grant the relief as applied for if it finds: (1) That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this article. (2) The activity, operation, or noise or vibration source will be temporary in duration and cannot be done in a manner that would comply with other sections of this article. (3) That no other reasonable alternative is available to the applicant. (b) The board of county commissioners may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood (Code 1982, § 1-13.8-20; Ord. No. 88-20, pt. B, 2-2-1988; Ord. No. 03-08, pt. B, 1-17-2003) m 0 c E m a m Q. a� c c E L O r R t LO N Q1 C d fC O R N oo N V d R M d r C d >_ t V fC rr Q Packet Pg. 218 8.P.4 ITEM NO. (ID # 5062) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering DATE 03/20/2018 *CONSENT AGENDA\PUBLIC WORKS Orange Avenue at North St. Lucie River Water Control District Canal 411 Culvert Replacement Project - Acceptance of Project The project consisted of replacing the existing dual 48" corrugated metal pipes (CMP) beneath Orange Avenue that connects Canal 45 from the north to Canal 411 to the south with 14' X 6' concrete box culverts. The associated network of smaller CMP pipes that drain to both canals were also replaced with concrete pipes. Additionally, new drainage structures and guardrails were installed. Finally, the roadway intersection was overlaid with new asphalt. The intersection of Rock Road and Orange Avenue is immediately to the east of Canal 45 which runs parallel with Orange Avenue on the north side, and Canal 411 which runs parallel to Rock Road on the south side, as it extends southward. The existing dual pipes beneath Orange Avenue are in need of replacement. This intersection has also experienced erosion along the canal banks that has impacted the guardrail and required increased maintenance. The culverts will be replaced with box culvert units, and protective improvements will be made along the canal banks to fix the erosion problems. On March 30, 2016 two bids were received for Bid No. 16-014 Orange Avenue at North St. Lucie River Water Control District Canal 411 Culvert Replacement Project. The lowest responsive, responsible bidder was Johnson -Davis Inc. Johnson -Davis has more experience than any other contractor replacing culverts beneath Orange Avenue. The project has been completed. Staff monitored construction of the improvements throughout the course of the project and determined that it was constructed in conformance to the plans and specifications. Approximately $104,108.57 of the $119,113.00 contingency (approximately 87%) was used to complete this work. PREVIOUS ACTION: April 17, 2012 - Board approved Work Authorization No. 3 to the Stormwater Management Contract (C09- 10-663) with Inwood Consulting Engineers, Inc. for design of Orange Avenue at NSLRWCD Canal 411 Culvert Replacement in the amount of $136,291.84. Packet Pg. 219 8.P.4 May 3, 2016 - Board approval to award the bid to Johnson -Davis, Inc. in the amount of $1,310,243.00 for the Orange Avenue @ NSLRWCD Canal 411 Culvert Replacement Project. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the Orange Avenue @ NSLRWCD Canal 411 Culvert Replacement Project. COMMISSION ACTION: Coordination/Signatures - — \�_ rs� a—, ' zz�_t4a . �w 's Con We t, Public Works Director 018 s anie . McIntyre, C my ttorney 3/6/2018 rk S er ee, 6e p uK C o u n 1�y-Ad min sstrato 3/12/2018 Updated: 3/2/2018 8:10 AM by Linda Buchanan Page 2 Packet Pg. 220 8.P.4.a � PUBLIC WORKS MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Jennifer Krause, Program Coordinat DATE: 02/13/2018 SUBJECT: Orange Ave. @ Canal 411 Culvert — Johnson Davis Inc. — Releases of Lien Releases of lien are attached on the above referenced project. Please approve for correctness. Thank you. Approve: Dan M61ntyre County Attorr C: Finance County Engineer Assistant to County Engineer Project Manager Date: d DS Yy-1 l- hct- �t-2 received cz.11 o� -t-he r-e1PC)F ST. LUCIE . Packet Pg. 221 8.P.4.a December 29, 2017 Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 222 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of V 0.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to JOHNSON - DAVIS INCORPORATED on the job of St Lucie County BOCC to the following described property: Orange Ave Orange Ave @ NSLRWCD Canal 411 Doug 1polito 561-644-5877, Bid# 16-014 Fort Pierce, FL DATED on 7th day of February, 2018 I Sharnel I Merkling — Credit Manager "Q Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 Telephone: (904) 262-9787 Sworn to and subscribed before me this day of Febatal(' 0, • GLENN P. DOWNING 04 W COMMMION 0 GW037' (0 EXPIRES May 27.2021 LO CU Signature of Nota&-Rw6lic Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known Produced Identification NL6 Type of Identification Produced NOTE: This is a statutory form prescribed by section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. I Packet Pg. 223 8.P.4.a February 16, 2017 County Materials Corporation P.O. Box 435 Astatula, FL 34705-0435 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 — WO#2237281 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 224 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of St. Lucie County B.O.C.C.(Owner), for improvements to the following described project: Orange Ave. Q NSLRWCD Canal 411 Bid #16-014 Dated On t Lienor's Name: County Materials Corporation Address: P.O. Box 435 Astatula, Florida 34705-0435 By. Printed Name/ Title: �sr r Sworn to and subscribe before me this -�iv--en ce_�o� ","t'h"h'iN+ nature of No ry Public Print Name of Notary ublic issioned State of Florida M Comm: E'%p `• X� r:2aso No 1 aesec4:, personally Known XX or, Produced Identification: PPUBLIC ; = Type of Identification Produced: sftA OF fLO?ti\L NOTE. Tit is is a statutoryforma prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is d ferent from the statutory form. Packet Pg. 225 8.P.4.a April 21, 2017 Florida Rock Industries Inc. Vulcan Mat/Vulcan Construction Mat PO Box 4667 Jacksonville, FL 32201 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 226 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of St. Lucie County B.O.C.C.(Owner), for improvements to the following described project: Orange Ave. Qa NSLRWCD Canal 411 Bid #16-014 Dated On Lienor's Name: Florida Rock Industries Inc. Address: P.O. Box 4667 Jacksonville, FL 32201 By: Printed Name/ Title: in Sworn to and. subscribe before me this f xA t l�' '? �/T a Q�IREDIT MANAGER �I O N W O i ature o Notary Public Print Name of Notary Public 111- Commissioned State of Florida our Dam f+101ery Public CU fto of FWda 0 My COmmisskm ftpkas O 8, 2018 Personally Known XX or, Produced Identification: Commission No. FF 18M Type of Identification Produced: NOTE. This is a statutoryform prescribed by Section 713.20, Florida Statutes (1996). Effective October 1,1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Packet Pg. 227 8.P.4.a February 16, 2017 Stewart Materials LLC 2875 Jupiter Park Dr. STE 1100 Jupiter, FL 33458-8997 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 — J.W Cheatham, LLC - WO#2237281 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 228 JWC # 170007 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT T" undersigned Herior, in consideration of the Final Payment in the amount Of SM00 hereby waives and releases its hen and right to claim alien for tabor, anN7-m-atetialls furnished to J.W. Cheatham, LLC on the job of Johnson -Doves, Inc. T6 the following described property-, Orange Ave Canal DATED on 2017 Lienoes Name Swwaq Materials Address ?-A-75�lw 1 �V- ) k-M) By " rK&i ta., Print Name a, - Title C kLif Le STATE OF FLI,_TA,, COUNTY OF 11 Sworn Wnd scribed before me by a who is personally known L who has produced Indentification and who diInot take an ci I t "a, 2017 day of 1(7 his — .2 TABATFA K"Ay jA NOTARY PUBLIC my commf5sion Giforov 2 Note; This is a statutory Ibrm prescribed by Section 713,20 Fla. Statutes C11a) effedivm October 1, 1996, a person may not require a hanor to furnish a waivor or release of hen that is different form the statutory tam I Packet Pg. 229 8.P.4.a March 24, 2017 CEMEX Construction Materials Florida, LLC Attn: Hilda Woo 1001 Jupiter Park Dr. STE 108 Jupiter, FL 33458-8970 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411— Mosley & Son Construction — REF#: 3013169-14396111 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 230 8.P.4.a 3013169 111396111 UNCONDITIONAL FINAL WAIVER AND RELEASE OF LIEN The undersigned licnor, in consideration of the final payment of $10.00 hereby waives and releases its lien and the right to claim it lien for labor, services, or' materials furnished to: MOSLEY & SON CONSTRUCTION INC. For work cow pleted ou the job of; JOIINSON DAVIS INC, To the following deseribed property: ORANGE AVE. (( CANAL 411 ROCK. ROAD FT, PIERCE ST. LUCID, COUNTY, FL M& S// 17-603 Dated cm: Lienor: C ON,S'1' iIX"I'lON MATI,;RIALS QV l?l'ORIDA r Print Name: cc, o' Title: STATE, OF: COUNTY Oh : r The foregoing instrument was acknowledged before me on this eO,t � day Of.(,(, � :< 2018 as <., of (.H,., �.._ on behalf of the Cur oration, Fie/She is rersonall kuo\v1) to me s and did not take till oath. NOTARY PUB[[(; SIGNATURE:_-Xl =_ �� �L _ SHAY,: „ VALERIE HUNTER No!ary rubilc • State of Florida ;�?:`5 ;i• ; Commission N FF 898640 tty Comm. Expires Sep 16, 2019 lisnded ilrrough National Notary Assn. Packet Pg. 231 8.P.4.a March 24, 2017 Construction Materials Inc. Attn: Amber Harris 4350 Northern Blvd P.O. Box 210189 Montgomery, AL 36121-0189 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411— Mosley & Son Construction — REF#: 07-1563880-CD Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 232 8.P.4.a ►NW11301100 UNCONDITIONAL FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment of $10,00 hereby waives and releases its lien and (lie right to chum a lien for labor, services, or materials furnished to: MOSLEY & SON CONSTRUCTION INC. For wovic completed on tho job of: JOHNSON DAVIS INC, To the follmi-ing dese)-lbed properh,: ORANGE AVE, (a) CANAL 411 ROCK ROAD FT. PIERCE ST, LUCK COUNTY, FL M&SH17•G03 Dated on: R bmm r y ',) ao i �) Lienor: CONSTftCTION MATERIALS Signfttttre: a & l a - - Print Name: V I __ Title: STATE OF: PSI. COUNTY OF: MOM9 O'tar� The foregoing instrument Nvas acknowledged before me on Iliis _ day ofVRA 2018 as �( of on behalf of the Corporation, l Ie/She is personal ly kiioNvu to nie and did not take an oath. e�rlc S NOTARY PUBLIC SIGNATURE: SEAL: , o s � O � 0, Q Packet Pg. 233 1 8.P.4.a March 24, 2017 Mosley & Son Construction Inc. 1400 SE Monterey Road Stuart, FL 34994-3959 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 — WO#2242370 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 234 8.P.4.a Final Waiver and Release of Lieu The undersigned lienor hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to .Johnson -Davis, Inc. In consideration of payment ill the amount of: $ 3,548.80 On the following described property; Orange Avenue Canal (M&S # 17-603) Canal 411 on Orange Avenue, Fort Pierce, FL St. Lucie County, FL Dated on this 7"' Day of February, 2018 Mosley & Son Construction, Ine. 1400 S. E, Monterey Road Stuart, Florida Authorized Agent: �t o Debby i limns Bookkeeping as Statc; Florida County Martin The foregoing instrument was acknowledged before me on this 7"' day of February, 2018 By Debby Williams who is personally known to me and did not take an oath. NOTARY PUBLIC: (NOTARY (NOTARY SEAL) Notary PubBo State of Mridn Whole Demski My CamnUaslpn 00 085536 +oi n EXPIM M15/2021 Packet Pg. 235 8.P.4.a March 27, 2017 MWI Corporation Attn: Joe Hathcock 7775 91h St. SW Oslo Road Vero Beach, FL 32968 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411— Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 236 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the jots of St. Lucie County B.O.C.C.(Owner), for improvements to the following described project: Dated On al. q� - I Orange Ave. ad NSLRWCD Canal 411 Bid #16-014 Lienor's Name: MWI Corporation Address: 7775 9' St SW (Oslo Road) Vero Beach, FL 32968 s qp o: By: a'� 0_ z Printed Name/ ` @ Sworn to and subscribe before me this �-,'i ► i �t'f tr �� Q a c L O JaWKH&vm N of . tr} Public Print Name of Nota ���aFflOR�AJa!tIMe sioned WtARYPUBM State of Florida z CctrxmD wrest 9114t2U20 CU 0 Personally Known XX or, Produced Identification: Type of Identification Produced: NOTE. This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1,1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Packet Pg. 237 8.P.4.a • ' A • COUNTY COMMISSIONERS Heather Young Katherine Davis Barbieri January 25, 2018 Ranger Construction Industries P.O. 15065 West Palm Beach, FL 33416-5065 COUNTY ATTORNEY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 - Precision Paving & Excavation — WO#2293238 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering r Q CHRIS DZADOVSKY, District No. 1 • LINDA BARTZ, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CATHY TOWNSEND, District No. 5 County Administrator — Howard N. Tipton 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1441- FAX (772) 462-1440 TDD(772) 462-1428 Packet Pg. 238 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of ONE THOUSAND ONE HUNDRED FORTY ONE AND 33/100 ($1,141.33), hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to: PRECISION PAVING & EXCAVATION on the job of ST LUCIE COUNTY B 0 C C to the following described property: Description of Property: ORANGE AVE AND CANAL 411 PO 21263 CANAL 411 ON ORANGE AVE**, FT PIERCE PORTION OF PUBLIC LAND IN ST LUCIE COUNTY FLORIDA BOND AMOUNT$1,310,243.00 BID#16-014 (ORANGE AVE AT NSLRWCD CANAL 411)JOB#21263*AND ROCK RD*(LANE WID) Dated on February 12, 2018 Lienors Name RANGER CONSTRUCTION INDUSTRIES, INC P.O. BOX 15 5 WEST -RA A EACH FL 3 16 By edit & Collections Admin. Printed Name Christina Valentin The foregoing instrument was acknowledged before me this 12 day of February, 2018, by Christina Valentin who is known to me or who has produced identification and who r�atiatx,, I� DIANNE LYNN 6EASLEY Notety Public . State of nottda Commis><ia+ FF g3$936 STATE OF FLORID n , * My Comm. Expires Nov 15,201 9 gondedilrrouOtt Natlonal Notsry Agin My cam scion Expires: Note; This is a statutory.forhi prescibed by section 713,20, Florida statutes (1996) Effective October 11996, a person may not require a lienor to fitrnish a waiver or release of lien that is different from the statutory form. re: 2293238 — C1352362 as CU 0 Packet Pg. 239 8.P.4.a April 5, 2017 Ranger Construction Industries P.O. 15065 West Palm Beach, FL 33416-5065 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 240 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of TEN AND 00/100 ($10.00), hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to: JOHNSON-DAVIS, INC on the job of ST LUCIE COUNTY B 0 C C to the following described property: Description of Property: ORANGE AVE AND CANAL 411 PO 21263 CANAL 411 ON ORANGE AVE—, FT PIERCE PORTION OF PUBLIC LAND IN ST LUCIE COUNTY FLORIDA BOND AMOUNT$ 1,310,243.00 BID# 16-014 (ORANGE AVE AT NSLRWCD CANAL 411)JOB# 21263 '*AND ROCK RD Dated on February 8, 2018 Lienors Name RANGER CONSTRUCTION INDUSTRIES, INC P.O. BOX 15065 WEST AL E FL 33416 B _ e: r it 8, ollection Admin. Printed Name Christina Valentin The foregoing instrument was acknowledged before me this 8 day of February , 2018, by Christina Valentin who is personally known to me or who has produced identification and who did take an oath. t G7 OTA Y P LIC, STATE OF FLORIDA tea ANACELIS RIVERA z Axo�V MY COMMISSION#00114862 1. '�;J EXPIRES: January 17,2021 My commission Expires: Bonded Th. Notary Public Undarwr{b3re o tory form prescibed by section 713.20, Florida statutes (1996) Effective October 11996, a person may not require a lienor to f mish a waiver or release of lien that is different from the statutory form. re: 2245536 - C1279482 as v, CU 0 Packet Pg. 241 8.P.4.a January 25, 2017 Stewart Materials LLC 2875 Jupiter Park Dr. STE 1100 Jupiter, FL 33458-8997 Re: Notice to Owner - Johnson -Davis Inc. - Orange Avenue at NSLRWCD Canal 411 — WO#2234730 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Johnson -Davis Inc. and the surety is Liberty Mutual Insurance Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 242 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The Undersigned lienor, in consideration of the final payment in the amount of S10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of St. Lucie County B.O.C.C.(Owner), for improvements to the following described project: Orange Ave. P NSLRWCD Canal 411 Bid 916-014 Dated On 42-11�— Lienor's Name: Stewart Materials L,L,C Address: 2875 Jupiter Park Dr., Ste 1100 Jupiter, VL 33458-8997 D By: akiAA UJA'�-�..r Printed Name/ Title: fit, 1( Swom to and subscribe before me this k -1 a c'i r< I "q -Signature of Notary Public Commissioned State of Florida - "A Print Name of Notary Public ��,oi:n � �d I � nown or, Produced Identification; ��ypenof Identification Produced: NOTE.- TItis is a statutory farm prescribed by Section 713.20, Florida Statutes (1996). Effectis,e October 1, 1996, a person maj, not require a fienor to furnish a waiver or release of lien Mat is different from the statutory form. SHANNON STEWART Commission N FF 946023 My Commission expires December 27, 2019 I Packet Pg. 243 8.P.4.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson Davis Inc. on the jab of St. Lucie County B.O.C.C.(Owner), for improvements to the following described project: Orange Ave. @ NSLRWCD Canal 411 Bid #16-014 Dated On n I)bl it Lienor's Name: J.W. Cheatham, LLC Address: 7396 Westport Place West Palm Beach, FL 33413 By: Printed Name/ Title: Sworn to and subscribe before me this ign o otary Public mmissioned State of Florida MIKE DAMRON -Notary Public - State of Florida Commission * FF 210888 My Comm. Expires Mar 17, 2019 Ronded tbr** N11lo" Notary Assn. Print Name of Notary Public Personally Known XX or, Produced Identification: Type of Identification Produced: NOTE: This is a statutoryform prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. d v, CU 0 d IX Packet Pg. 244 8.P.5 ITEM NO. (ID # 5067) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Christopher Lestrange, Manager Road & Bridge Division DATE: 03/20/2018 *CONSENT AGENDA\PUBLIC WORKS Award of Bid No. 18-013 Purchase & Installation of Sign Post, Sign Hardware and Sign Blanks The purpose of this bid is to establish contract pricing for traffic sign hardware and installation. On December 13, 2017 submittals to Bid No. 18-013, Purchase & Installation of Sign Post, Sign Hardware & Sign Blanks, were opened. Two submittals were received, 205 companies were notified and six bid documents were distributed. Universal Signs & Accessories was the lowest bidder to submit pricing on all 48 items requested. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in account 101-4110-553100-400 Safety Signs and Markers. RECOMMENDATION: Staff recommends Board approval to award Bid No. 18-013, to the lowest responsive and responsible bidder, Universal Signs and Accessories of Fort Pierce, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 245 8.P.5 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 D- 4anieA.WMclntyre,,t, orney 2/28/2018 Jenni Hi �, Interim ffic of and B dget Direct z/za/zois 7"',- ,411'w /PlIK/ rk 5 er ee 1 ep C o u n t-y-Ad nninistrato 3/12/2018 Updated: 2/28/2018 9:40 AM by Desiree Cimino Page 2 Packet Pg. 246 8.P.5.a BOARD OF COUNTY - - COMMISSIONERS COUN 17 PURCHASING DEPARTMENT • PURCHASE & INSTALLATION OF SIGN POST, SIGN HARDWARE & SIGN BLANKS FOR PUBLIC WORKS ROAD AND BRIDGE BID #18-013 DATE: December 13, 2017 @ 3:30 P.M. STREET BLANKS PRICES (WHITE Diamond Grade) -DOUBLE SIDED Osburn Associates, Inc. Universal Signs & Accessories St. Petersburg, FL Ft.Pierce, FL. SIZE BLANK ONLY DOUBLE FACED INSTALLATION SIZE BLANK ONLY DOUBLE FACED INSTALLATION 8 X 24 $2.87 $10.54 N/A 8 X 24 $2.60 $12.00 $45.00 8 X 30 $3.58 $13.24 N/A 8 X 30 $3.25 $15.00 $45.00 8 X 36 $4.30 $15.88 1 N/A 8 X 36 $3.90 $18.00 $45.00 8 X 42 $5.02 $18.53 N/A 8 X 42 $4.55 $21.00 $45.00 8 X 48 $5.73 $21.18 N/A 8 X 48 $5.20 $24.00 $45.00 DG3(TYPE XI) FACES & SIGNS PRICES DG3(TYPE XI) FACES & SIGNS PRICES TYPE SIZE BLANK ONLY BOTH INSTALLATION TYPE SIZE BLANK ONLY BOTH INSTALLATION OM-3R 12"x 36" $6.45 $14.64 N/A OM-3R 12"x 36" $5.85 $16.50 $45.00 OM-3L 12"x 36" $6.45 $14.64 N/A OM-3L 12"x 36" $5.85 $16.50 $45.00 R1-1 -without Supercoat 36" $19.35 $43.92 N/A R1-1 -without Supercoat* 36" $17.00 $49.00 $45.00 R1-2 30" $6.72 $15.25 N/A R1-2 30" $12.00 $34.00 $45.00 R2-1 24" X 30" $10.75 $24.40 N/A R2-1 24" X 30" $9.75 $27.50 $45.00 S1-1 30" $13.44 $30.50 N/A S1-1 30" $12.15 $34.00 $45.00 W1-1 30"x 30" $13.44 $30.50 N/A W1-1 30"x 30" $12.15 $34.00 $45.00 W1-2 30" $13.44 $30.50 N/A W1-2 30" $12.15 $34.00 $45.00 W2-1-2,4 30" $13.44 $30.50 N/A W2-1-2,4 30" $12.15 $34.00 $45.00 W3-1A 30"X 30" $13.44 $30.50 N/A W3-1A 30"X 30" $12.50 $34.00 $45.00 W1-6,7 24" X 48" $17.20 $39.04 N/A jWl-6,7 24" X 48" $15.60 $43.75 $45.00 W10-1 36" round $19.35 $43.92 N/A W10-1 36" round $15.75 $44.00 $45.00 m L 3 IM in 0 m �o L a M O 00 T_ O Z 2 m O L R 3 a co 0 C O R 3 R I- m M O 00 is Sri a 00 C 0) E t v R .r r a Packet Pg. 247 8.P.5.a Osburn Associates, Inc. I I Universal Signs & Accessories SIGN BLANKS (080 GAUGE WITH HOLES) SIGN BLANKS (080 GAUGE WITH HOLES) SIZE BLANK PRICE INSTALLATION SIZE BLANK PRICE INSTALLATIO SIZE BLANK PRICE INSTALLATION SIZE BLANK PRICE INSTALLATION 4 X 4 0.25 N/A 18 X 48 $12.90 N/A 4 X 4 $0.50 $45.00 18 X 48 $11.70 $45.00 6 X 12 1.08 N/A 24 X 24 $8.60 N/A 6 X 12 $1.00 $45.00 24 X 24 $7.80 $45.00 6 X 18 1.61 N/A 24 X 30 $10.75 N/A 6 X 18 $1.50 $45.00 24 X 30 $9.75 $45.00 8 x 12 1.43 N/A 24 x 36 $12.90 N/A 8 x 12 $1.25 $45.00 24 x 36 $11.70 $45.00 9 x 12 1.61 N/A 24 x 48 $17.20 N/A 9 x 12 $1.50 $45.00 24 x 48 $15.60 $4.00 12 X 12 2.15 N/A 30 x 30 $13.44 N/A 12 X 12 $1.90 $45.00 30 x 30 $12.15 $45.00 12 X 18 3.23 N/A 30 x 36 $1.13 N/A 12 X 18 $2.95 $45.00 30 x 36 $14.65 $45.00 12 X 24 4.3 N/A 30 x 48 $21.50 N/A 12 X 24 $3.90 $45.00 30 x 48 $19.50 $45.00 12 X 30 5.38 N/A 36 x 36 $19.35 N/A 12 X 30 $4.90 $45.00 36 x 36 $17.50 $45.00 12 X 36 6.45 N/A 36 x 48 $25.80 N/A 12 X 36 $5.85 $45.00 36 x 48 $23.40 $45.00 15 X 21 4.69 N/A 36 x 54 $29.03 N/A 15 X 21 $4.25 $45.00 36 x 54 $26.30 $45.00 15 round 3.36 N/A 36 round $19.35 N/A 15 round $3.05 $45.00 36 round $20.00 $45.00 18 X 18 4.84 N/A 48 X 48 $34.40 N/A 18 X 18 $4.40 $45.00 48 X 48 $31.20 $45.00 18 X 24 6.45 N/A 48 x 72 $51.60 N/A 18 X 24 $5.85 $45.00 48 x 72 $46.75 $45.00 18 X 30 8.06 N/A 48 x 96 $68.80 N/A 18 X 30 $7.30 $45.00 48 x 96 $62.50 $45.00 18 X 36 9.68 N/A Custom Misc or odd sizes $ per Sq. Ft. $2.15/sf. N/A 18 X 36 $8.75 $45.00 Custom Misc or odd sizes $pre Sq.FT. $3.00 I $45.00 PRICING FOR: POSTS, POST CAPS, FLEX STICKS, OBJECT MARKERS, ETC. FLEX STICKS (66") PRICE U-CHANNEL (2# GALVANIZED) PRICE FLEX STICKS (66") PRICE U-CHANNEL (2# GALVANIZED) PRICE White $23.34 6' $9.90 White CDG10661 $17.50 6' $9.60 Yellow $23.34 8' $13.20 Yellow CGD10662 $17.5 8' $12.80 In Ground Delineators with anchor & reflective collars $119.24 9' $14.85 In Ground Delineators with anchor & reflective collars $25.00 9' $14.40 10, $16.50 10, $16.00 3 a m Packet Pg. 248 8.P.5.a Osburn Associates, Inc. Universal Signs & Accessories POST CAPS PRICE $19.80 POST CAPS PRICE $19.25 (Medium Duty 6" 12' (Medium Duty 6" 12' Regular 5' 12" $2.95 14' $23.10 Regular 91UF-OL90 $3.50 14' $22.50 Cross 5' 12" $2.95 15' $24.75 Cross 990F $4.00 15' $24.00 45 Degree 5' 12" $2.95 4" X 17" Round no bid 45 Degree 808 $5.50 4" X 17" Round $125.00 180 Degree 5' 12" $2.95 4" Slip base no bid 180 Degree 91UF-NU180 $3.50 4" Slip base $200.00 assembly w/ assembly w/ stub stub OBJECT PRICE SQUARE POST PRICE OBJECT PRICE SQUARE POST PRICE MARKERS MARKERS OM4-1 9-Button 18"x18" $25.98 12' (1 3/4 X 1 3/4 - $29.25 12ga OM4-1 9-Button $14.50 12' (1 3/4 X 1 3/4 - $22.50 Red 12') Red 12') OM1-1 9-Button 18"x18" $25.98 14' (2" X 2" - $27.65 14ga OM1-1 9-Button $14.50 14' (2" X 2" - 14) $28.00 Yellow 14) Yellow OM1-3 HI- 12"x36" $11.64 OM1-3 HI- $11.25 Intensity Yellow Intensity Yellow OM4-3 HI- 18x18 $8.73 OM4-3 HI- $11.25 Intensity Red Intensity Red MISCELLANEOU Per Square Foot MISCELLANEOU Per Square Foot Blank - Covered $3.64/sf. Blank - Covered $3.00 in Engineering in Engineering Blank - Covered $4.88 /sf. Blank - Covered $5.50 in Diamond in Diamond Grade Grade Blank - Covered $3.88/ sf. Blank - Covered $4.00 in High Intensity in High Intensity Prismatic Prismatic Number of companies notified*: 205 Number of bid documents distributed*: 6 Number of bids received: 2 *per demandstar.com Packet Pg. 249 8.Q.1 ITEM NO. (ID # 5053) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 03/20/2018 *CONSENT AGENDA\SHERIFF'S OFFICE 2017 State Criminal Alien Assistance Program (SCAAP) Grant The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA), 2017 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that incarcerate undocumented criminal aliens. The actual award amount is based on the number of inmates which fit into this category. Based on the last year's data the estimated award amount of this grant is $87,079. The actual award amount will be determined by the U.S. Department of Justice. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The actual amount of the grant will not be known until the award is granted. If awarded, there is no match requirement. A grant fund will be established upon approval by the Granting Agency. RECOMMENDATION: Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2017 State Criminal Alien Assistance Program (SCAAP) Grant. COMMISSION ACTION: Packet Pg. 250 8.Q.1 Coordination/Signatures n J. s ara, Sheriff 3/8/2018 4anieA. McIntyre, C my ttorney 3/8/2018 Jenni Hi �, Interim ffic of and B dget Direct 3/8/2019 Updated: 3/8/2018 2:09 PM by Katrina Slay Page 2 Packet Pg. 251 8.Q.1.a OMB No.: Refer to the online application U.S. Department of Justice Office of Justice Programs " Bureau of Justice Assistance State Criminal Assistance Program FY 2017 Program Requirements and Application Instructions Under the State Criminal Alien Assistance Program ("SCAAP"), the Office of Justice Programs ("OJP") of the U.S. Department of Justice ("DOX) makes payments to eligible "States" and "units of local government" that incur certain types of costs due to "incarceration" of "undocumented criminal aliens" during a particular 12-month "reporting period." The "FY 2017 program" will make SCAAP payments to eligible applicant governments from the FY 2017 appropriation to OJP for SCAAP. Should OJP receive an FY 2018 appropriation for SCAAP, OJP will post a separate application for the FY 2018 program later in the year. Both the online application for the FY 2017 program and this document differ significantly from those used in earlier application cycles. Also, the online SCAAP application for the FY 2017 program specifically incorporates by reference the eligibility requirements, definitions of terms, and detailed application instructions set out in this document. (To assist applicants, this document uses quotation marks to highlight defined terms, e.g., "State," "unit of local government," "undocumented criminal alien," "eligible inmate," "correctional purposes.") Before entering any information into the online application for the FY 2017 program, the government official who will complete and submit the application on behalf of an applicant government MUST carefully review this document. In general. a "State" or "unit of local government" is eligible to apply for a payment under the FY 2017 program if it "incarcerated" individuals in a "correctional facility" during the "reporting period" whom it either— (1) knows were "undocumented criminal aliens," or (2) reasonably and in good faith believes were "undocumented criminal aliens," Packet Pg. 252 AdebaileddiSousEJODrfeUgibi|ity—ino|udingUhedefnUUonsof^Shshe"and"undof|ooa| government" for purposes of SCAAP — appears 1�elow_ The "reporting period" for the FY 2017 program is July 1, 2015, through June 30, 2016. Application, Applications for payments under the FY 2017 program must be submitted online — and accepted byth (^BK8S^)—nolater than 6 p.m. Eastern time on Friday, March 16.281& Absent highly -unusual circumstances, OJP will not extend this deadline or perrnit an applicant government k)submit its application after the application deadline. Much a5iDprevious years, promptly after the application deadline. OJP will transmit to the U.S. Department DfHomeland Security ("DHS") the data on "eligible inmates" from all of the applications submitted to GMS before the deadline, The volume of "eligible iA0ebes^dat8 transmitted to DHS (and the nature and complexity of "he DHS review of that data) is such that it is not possible to transmit supplemental or corrected data to DHS Registration iOGMS. Any application must becompleted and submitted byagovernment official with the legal authority to apply tothe FY 2017 program On behalf ofthe chief executive 0fthe applicant government. This "submitting government official" must beregistered in{��� inorder tncomplete and submit anapplication under the FY2D17program. Instructions Onhow toregister inG IKAIS and how toaccess the online application for the FY2U17 program appear in Appengix A. Contact Information For assistance with the online application to the FY 2017 program or other aspects of the FY20i7program, contact the SCAAPHelp Desk byphone 8t1-2O2-353-44i1.orbyemail b] The SCAAPHelp Desk operates Monday through Friday during normal business hours (Eastern ti0e). |timclosed onfederal holidays. For assistance in accessing GMS (e.g., passwords, log -in problems), contact the GMS Support Hotline at888-54Q—QQU1.option 3.orbyemail to TheGK4S Support Hotline operates 24 hours a day, 7 days a week. including on federal holidays. ocA^n-rvzo1rnmoomneqwmmemaand Application /nsu"conv I Packet Pg. 253 6-tate Criminal Alien Assistance Program FY 2017 Program Requirements and Application Instructions CUP'sBureau ofJustice Assistance (^BJA")administers 3CAAP. Under SCAAP.OJPmakes payments to "States" and "units of local government" that incur certain types of costs due to "incarceration" Of "undocumented criminal aliens" during a specific'12-month "reporting period." UndertheFY2U17progr80.pay[nentSwi||be0@deincoDDecti0nvvith''undocu0eDted^8|ieDe who had been convicted of at least one felony or two misdemeanors (typically, for violations of State or local law), and who were "incarcerated" under the legal authority of the applicant government for atleast four consecutive days during the "reporting period^ (Additional details are set out iOlater sections ofthis docu0nenL) As part of an application. each applicant government provides particular information about individuals it "incarcerated" - under its own legal authority - for at least four consecutive days during the "reporting period" and who the applicant government either— (1) knows were "undocumented criminal aUens.^Vr(2)reasonably and ingood faith believes were undocumented criminal 8Uene ^ ({}JP transmits the data submitted on such individuals to MIS for a detailed review.) As part of an application, each applicant government also must provide information pertinent to its average costs of incarceration during the "reporting period." Broadly speaking, SCAAPpayments are calculated Irom information provided by applicant governments in online applications, information provided to OJP by DHS regarding the DHS review of data on "eligible inmates." and the a00un1 of appropriated fonds available for the SCAAPapplication cycle (e.g_for the FY2O17pnograO0) All information submitted aSpart 0f anapplication issubject tOappropriate review by0JP Anoverview ofthe method OJPuses to calculate payments is available here. Statutory Authority The FY2O17program is authorized by8U.&C, §1231(i)and the Department ofJustice Appropriations Ar-t.2O17(Public Law 115-31). 8eea/so2BU.S.C.§530C(a). Restriction on use of SCAAP payment; associated records An@nlatteroffed8ns||aw.8^Sbate^o[^unitof|oca|QOvernnoent"thatreoeives apayment under the FY 2017 program must use the payrnent"only for correctional purposes-" See QU.S.C. aox^P-rvzonproommnenu/mnerts and xppmamonInstructions Packet Pg. 254 "Correctional purposes." With respect toa,Qat�­^or"luinit of local ^ueeofa SCAAP payment for"correctional purposes" means— w Use.� 0fthe funds tnpay aoycost re2son8ba�D1 attributable to of a o 8G|@hesand wages paid hJemployees who work primarily and directly inthe correctional facility� (regardless of whether those employees are "correc"fig gi officers") --------- o Costs of employment benefits provided to (or on behalf of) employees who work directly in and for the "correctional facility" o 'he reasonably allocable portion of the salaries, wages, and benefits paid to employees who, although not primarily and directly working inand for the correctional facility," provide necessary services either to the correctional facility (e.g, administrative support) or to the individuals "incarcerated" in the correctional facility (e.g, medical care, transportation) o Repair.m8inheDaDce.0ld^overhead^(e.g..udi|ities)oostore@sonab|yatthhutab|e to operation of 'the "correctional facility-" w Use nfthe funds for payments to reasonably attributable to ���������� u/ommmua/s|nsuon�r�oA|tyonbehalf of(pursuant tothe legal authority of) the pertinent "State" or "unit of local government-" Use nfthe funds for costs directly associated with (and attributable to) the ^ (under the legal authority ofthepertinent'Stata''or'unitOf|oco|Bovernme--) of aliens who are o, may be ^ ^such as the reasonable costs of activities -(-e-.Q-,--- development of policies and appropriate staff training on those policies) demiQned to ensure that the ^3!ata^ or"unit Vflocal govenlrnent7� complies with 8 U�S.C, § 1373. gives OHS agents access to "correc'lonal ' in order to interview individuals believed to b8aliens, and honors formal requests from DHSfor advance notice ofthe scheduled release date and time for particular aliens being held in custody. Maintenance Qfrecords. Anapplicant government that receives apayment under the FY2O17 program must, for not less than three years after the date it draws down that payment from OiP, maintain records sufficient to demonstrate that the payment was used solely for "correctional purpnses.'`and must make those records available toD{}J(including DJP)upon request. ASamatter offederal law, "no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention fad|ities.^ See Department ofjustice Appropriations Act, 2O17(Public Law 11S-31). ooxAp-p/ucnproommnevvmnents and Anptcamonmstnum"n Packet Pg. 255 Only a "Stateor a "unit of local government" is eligible to apply, and only on its own behalf. For purposes of the FY 2017 program — "State" includes the District ofColumbia, Puerto Rico, (Suann. the U.S. Virgin Islands, the Commonwealth ofthe Northern Mariana !islands, and American Samoa - "Unit of local government" means a political subdivision of "State" with authority to independently establish a budget and impose taxes (typically, a "general-purpose" political subdivision ofaSbate) The term may include acounty oramunicipality (e.g.. city, county, town, township, village, borough. OrpahSh), Note, Adepartment 0ragency thmtiapailVfSucha^uDitOf)ooa|govern0ent^isnotitsG|fconside[8d8''unitof|no@| government." Joint applications by two or more ^8tates^ or"units oflocal government" are not penDitted, even if ffie application names only one State or unit of local government as the applicant. As anu|e. @napplication must not incorporate orreport data oneither— (1)individuals held iOcustody by the applicant government onbehalf Cf(pursuant tothe legal authority nDanother State mrunit of localgOva[nnOent.Or(2)ooSts8ssVciatedvvithindividVe|She|diDouotVd� onbehalf nfanother State or unit of local government.' 8imi|edy.agovernrnenha|endh/Mhetisnotitsxe|fa^State^ora^unbof|oce|govennn1ent"(e.g,a regional jail, special jail disthct, or regional ]8i! authority orboard) is not eligible to apply. Rather. each ^St8he or "unit o f local government" that uses the regional facility may include (as par', of in its own application) data that directly reflects its own use of the facility. aoAAp-pvzo1.rProgram Requirements and Application Instructions Packet Pg. 256 8.Q.2 ITEM NO. RES-2018-46 J DATE: 03/20/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\SHERIFF'S OFFICE TO: Board of County Commissioners PRESENTED BY: Toby Long, Director SUBMITTED BY: Sheriff's Office SUBJECT: FY 2017-2018 Budget Amendment for the purchase of the remaining 62 pursuit vehicles for the purchase agreement entered into in the 2016-2017 budget year. BACKGROUND: The Sheriff is requesting a budget amendment to complete the purchase of the 115 pursuit vehicles. Sixty- three of those vehicles were not received or paid for prior to the end of the fiscal year. PREVIOUS ACTION: On March 7, 2017, the Board of County Commissioners approved a budget amendment for the capital lease of 115 Sheriff's Office pursuit vehicles. FINANCIAL IMPACT: The action will increase revenues and expenditures by $2,177,663 in the Sheriff's 2017-2018 budget. All of the revenues and expenditures are financed by debt proceeds. No additional funding is being requested from the Board. The annual debt service payment is already included in the Sheriff's budget. RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment to recognize $2,177,663.00 in capital outlay and debt proceeds in the like amount for the purchase of the remaining vehicles. COMMISSION ACTION: Packet Pg. 257 8.Q.2 Coordination/Signatures n J. s ara, Sheriff 2/21/2018 4anieA. McIntyre, C my ttorney 3/5/2018 Jenni Hi �, Interim ffic of and B dget Direct a/5/20Ja Updated: 3/19/2018 2:47 PM by Katrina Slay Page 2 Packet Pg. 258 8.Q.2.a KEN J. MASCARA 4700 West Midway Road, Port Pierce, Florida 34981 C/ m a E C February 21, 2018 The Honorable Frannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Chairperson Hutchinson, Member National Sheriffs' Associat Member Florida Sheriffs' Associat Telephone: (772) 461-7300 ® Fax: (772) 489 Attached is a request for a Budget Amendment for Debt Proceeds and Capital Outlay Thank you in advance for your assistance. Please contact our Director of Professional Services and Technology Toby Long at 462-3220 if you have any questions. Attachment Packet Pg. 259 R . 8.Q.2.a tv Vi re, r f KEN J. MASCARA bit 4700 West Midway Road, Fort Pierce, Florida 34981 7 �„ m ' ', * 1 Member [rational Sheriffs' Associat Member Florida Sheriffs' Associat Telephone: (772) 461-7300 e Fax: (772) 489-5 TO: Board of County Commissioners FROM: Sheriff Ken J. Mascara, St. Lucie County Sheriff's Offic, y DATE: February 21, 2018 SUBJECT: Budget Amendment for Debt Proceeds and Capital Outlay ITEM NO: ID # 5049 Background: The Sheriff is requesting a budget amendment to complete the purchase of the 115 pursuit vehicles. Sixty-three of those vehicles were not received or paid for prior to the end of the fiscal year. Recommendation: Staff recommends approval of the Sheriff's budget amendment to recognize $2,177,663 in capital outlay and debt proceeds in the like amount for the purchase of the remaining vehicles. Packet Pg. 260 RESOLUTION 8.Q.2.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 through Capital Lease Proceeds from Ford Credit in the amount of $2,177,663. The Capital Lease is a five year term lease with Ford Credit to purchase the remaining 62 of the 115 patrol vehicles for the Sheriff's Office. 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 March, 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 107-8192-383100-800 Capital Lease Proceeds APPROPRIATIONS 107-8192-599042-800 SLC Sheriff -Law Enforcement After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair Commissioner Linda Bartz, Vice Chair Commissioner Chris Dzadovsky Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 20TH DAY OF MARCH 2O18. ATTEST: DEPUTY CLERK $2,177,663 $2,177,663 XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: M:/_�f:7 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 261 8.R.1 ITEM NO. (ID # 5039) DATE: 03/20/2018 AGENDA REQUEST *CONSENT AGENDA\SOLID WASTE TO: Board of County Commissioners PRESENTED BY: Allison Macdonald, Solid Waste Operations Manager SUBMITTED BY: Solid Waste SUBJECT: Bid Waiver and Sole Source BACKGROUND: Nextran Truck Centers is the only authorized distributor for maintenance, repair, operations (MRO) for Mack trucks, Mack parts and to perform warranty repairs in St. Lucie County. Tidewater Equipment Company has an exclusive agreement with Morbark to represent their products which includes tub grinders and are certified in service, sales and replacement parts as the authorized Morbark dealer with the exclusive area of the entire State of Florida as well as other states. Per Section 8.1 (a)(2) of the Purchasing Manual, "if there is only a single source for goods or service, a waiver of formal sealed bids my be requested". All of the parts for the equipment are only available from the licensed dealer of the respective equipment. PREVIOUS ACTION: Since 2004, the Board has annually approved a bid waiver and sole source for purchase of parts and services for specific equipment. On August 15,2017, the BOCC approved Agenda #4429, Bid Waiver and Sole Source Determination for FY17-18. FINANCIAL IMPACT: Funds are available in Solid Waste Equipment Maintenance 401-3410-546000-300 and Single Stream Recycling Equipment Maintenance 401-3410-546000-39011 RECOMMENDATION: Staff recommends Board approval of bid waiver and sole source determination for the purchase of parts and service from Nextran Truck Centers and Tidewater Equipment Company for parts and services associated with the Mack trucks and Morbark tub grinder at the Solid Waste Baling and Recycling Facility. COMMISSION ACTION: Packet Pg. 262 8.R.1 Coordination/Signatures Ron Roberts ^ir-�ctoL_gQDA c Utilities 2/13/2018 anie SWMcinty're,,t,orney 2/20/2018 Updated: 2/13/2018 3:58 PM by Melissa Simberlund Page 2 Packet Pg. 263 8.R.1.a COUNTY F L O R I D A w JUSTIFICATION FOR w SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Services for the yard waste Morbark tub grinder equipment As sole source procurement from (Name of Company) Contact Name: (Randy McDonald Tidewater Equipment Company Phone: 813-620-9197 The basis for this sole source determination and the reason no other vendor is suitable is: Tidewater Equipment Company is the sole source distributor for the Morbark tub grinder equipment to process yard waste at the St. Lucie County Solid Waste Division. Tidewater has been servicing the southeast for more than 65 years and carrying the Morbark brand for the past 6 years; focused on the Morbark products bringing specialized sales, authorized parts and dedicated service support to its expanded customer base in Florida. Department/Division ISolid Waste Allison Macdonald Requested By (Print Name) 4"M Imto y Authorized Signature March 20, 2018 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved (' M gemen Budget Director County Administrator G:FORMS\\SOLE SOURCEWNT Disapproved (, <-)- I _S l <�- Date Date Packet Pg. 264 8.R.1.a MRAYCO. February 12, 2018 Mr. James A. Murphy Parts and Inventory Specialist St. Lucie Co. BOCC Solid Waste Dept. 6120 Glades Cut Off Road Fort Pierce FL, 34982 Re: Tidewater Equipment Company Dear Mr. Murphy: Morbark has an exclusive contractual agreement with Tidewater Equipment Company to represent our Industrial Products, which includes our Tub Grinders, Horizontal Grinders and Whole Tree Chippers. This agreement encompasses replacement parts, along with providing service, for the goods mentioned. Tidewater Equipment Company has met factory training requirements for certification in service, sales, and replacement parts and is an authorized Morbark dealer. The exclusive area of responsibility for Tidewater Equipment Company includes the entire State of Florida, as well as other states. Please be advised that Morbark will refer all business - equipment sales, parts sales, and service to Tidewater Equipment Company Equipment Company. For further questions or clarification, please feel free to contact me at anytime. Best regards, Kevin Cotter General Counsel & Governmental Sales Manager www.morbark.com • 8507 S. Winn Rd., PO Box 1000, Winn MI 48896 • (800) 233-6065 ext. 1711 kevin.m.cotter@morbark.com Packet Pg. 265 JUSTIFICATION FOR SOLE SOURCE -PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Service for all Mack trucks at the Landfill As sole source procurement from (Name of Company): INextran Truck Centers Contact Name: lJon Pritchett Phone: 407-855-1200 The basis for this sole source determination and the reason no other vendor is suitable is: Nextran Truck Centers (NTC) is the sole source distributor for parts and services of all Mack trucks at the St. Lucie County Solid Waste Baling and Recycling Facility. NTC is the distributor for all zip codes in the following Florida Counties: Volusia, Lake, Seminole, Orange, Osceola, Brevard, Indian River, Okeechobee and St. Lucie County. Department/Division Allison Macdonald Requested By (Priin�tpN�a,/me) �Y1 Authorized Signature Public Utilities/ Solid Waste 2/9/18 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved C Man)iaeme4t Budaet Director County Admingtrator GTORMS\\SOLE SOURCEWNT Disapproved C' a-15--I&' Date Packet Pg. 266 MACKy MACK TRUCKS 7900 NATIONAL SERVICE ROAD GREENSBORO, NC 27409 MACKTRUCKS.COM To whom it may concern, Mack Trucks Inc. 7900 National Service Rd, Greensboro, NC 27402 certifies that Nextran Truck Centers with a location at 220 W Landstreet Rd. Orlando, FL 32809 is an authorized Mack Truck Dealer. Furthermore, Nextran Tuck Centers,is the only authorized Mack Truck dealer authorized to sell and distribute new Mack Trucks, New genuine Mack parts and perform Mack warrantable service repairs in the following Florida counties: All Florida zip codes in the following Florida counties: Volusia Lake Seminole Orange Osceola Brevard Indian River Okeechobee St. Lucie Authorized Franchised Dealer: Dealer Number(s): C669 Mr. Jon Pritchett (Agent/Owner of dealership) Nextran Truck Centers (Name) Location: 220 W Landstreet Rd. Orlando, FL 32809 Regards, t_ Scott Finley Director, Dealer Development Mack Trucks Inc. Packet Pg. 267 8.S.1 ITEM NO. RES-2018-40 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Gertrude Walker, Supervisor of Elections Supervisor of Elections DATE: 03/20/2018 *CONSENT AGENDA\SUPERVISOR OF ELECTIONS Supervisor of Elections Budget Amendment for insurance reimbursements related to Hurricane Irma Hurricane Irma event occurred September 10, 2017 and caused extensive flooding in the Fort Pierce office of the Supervisor of Elections. Significant costs, such as cleaning, restoration, furnishings replacement, equipment evaluations, inspection and maintenance, etc., were incurred to restore the office. Insurance proceeds have been received by the Supervisor of Elections office to reimburse these costs of $121,015.16. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These costs were not originally anticipated in the original budget for 2017 / 2018, insurance proceeds have been received to cover the costs. Funds of $121,015 will be added to account string 001-8196- 369917-800. RECOMMENDATION: Staff recommends Board approval of budget amendment (increase in costs) in the amount of $121,015.16. COMMISSION ACTION: Packet Pg. 268 8.S.1 Coordination/Signatures ianie/s.WMc'lnty're,nt, orney 3/5/2018 JInterim fiof ad dget Direct 3/5/2018 Updated: 3/5/2018 11:10 AM by Alvin Hall A Page 2 Packet Pg. 269 8.S.1.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. 0 co Lucie County, certain funds not anticipated at the time of adoption of the budget have become available to 0 N the Supervisor of Elections' Office for insurance reimbursements related to Hurricane Irma, in the amount w of $121,015.16. 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 March, 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 001-8196-369917-800 Miscellaneous $121,015 APPROPRIATIONS 001-8196-599080-800 Supervisor of Elections $121,015 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 MARCH 2O18. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 270 9.A.1 ITEM NO. (ID # 5050) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Parrish, Public Safety Director Public Safety DATE: 03/20/2018 *PUBLIC HEARINGS\PUBLIC SAFETY St. Lucie County Certificate of Public Convenience and Necessity Application - Senior Paradise, LLC Senior Paradise, LLC has submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on February 20, 2018, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Accordingly, the Council voted 5-0 (2 absent) to approve the application. The Public Safety Director has notified the City Managers of Fort Pierce and Port St. Lucie of the pending application. To date, no response has been received from the cities. Copies of the application and Sections 18-54 and 18-56 of the St. Lucie County Code of Ordinances are attached. Notice of the March 20, 2018 public hearing was published in the News Tribune on February 26, 2018. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board determine the application of Senior Paradise, LLC, for a Class F Certificate of Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. COMMISSION ACTION: Packet Pg. 271 9.A.1 Coordination/Signatures Tiffany BeILA Public), ublic fet Division Director 3/8/ 01 4aniieA..McIntyre, C my ttorney 3/9/2018 .13LV y er, De y Coutny Administrator 3/12/2018 Updated: 3/8/2018 2:41 PM by Katrina Slay Page 2 Packet Pg. 272 4/21/2016 St. Lucie County, FL Code c f Ordinances Sec. 18-54. - Same —Emergency medical services advisory council review. (a) The council will review the application, consider the recommendations of the public safety director, the fire chief, other service providers, and any affected municipality and forward a recommendation on the application to the board. (b) In making its recommendation to the board, the council shall consider the following factors: (1) Compliance with the appropriate license requirements set forth in F.S. ch. 401 and F.A.C. ch. 64J- 1. This shall not apply to applicants for a Class F certificate. (2) The population density and composition of the areas within which the proposed service will operate. (3) The need of the people in the proposed service area for such service. (4) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles permitted for operation and operating in the proposed service area. (5) The recommendation of any municipality located within the proposed service area. (6) The recommendation of the local or regional agency created under F.S. ch. 395. This shall not apply to applicants for a Class F certificate. (7) Such other factors related to the standards of review set forth in section 18-56, as the council shall deem appropriate. (Code 1982, § 1-12.5-7; Ord. No. 96-04, pt. A, 2-20-1996; Ord. No. 08-011, pt. D, 3-15-2008) 0 L 0 hops:/AArwd2.municode.com4ibrary/O/st._lucie_county/codes/code of ordinances?nodeld=CO_CHI8EMMAEMSE ARTIIILISUSE Sib-54SAMEMESEADCO... 111 Packet Pg. 273 4/21/2016 5t. Lucie County, FL Code of Ordinances Sec. 18-56. - Same —Standards of review. The board shall apply the following standards of review in determining whether to approve an application for certificate of public convenience and necessity: (1) Whether the application is complete and meets the minimum requirements of this article, F.S. ch. 401 and F.A.C. ch. 64J-1. This shall not apply to applicants for a Class F certificate. (2) Whether a need for the proposed service exists in the proposed service area. (3) Whether the municipality, if any, located in the proposed service area has recommended that the board approve the application. (4) Whether the local or regional trauma agency created under F.S. ch. 395 has recommended that the board approve the application. This shall not apply to applicants for a Class F certificate. (Code 1982, § 1-12.5-9; Ord. No. 96-04, pt. A, 2-20-1996) https://w m2.municode.comAibrarylfl/st. lucie county`/codesicode of ordinances?searchRequest=%7B%22searchText%22:%2218-5f>%22,%22pageNum%22:... 1I1 Packet Pg. 274 9.A.1.c 1. Applicant's name: Edith Martin -Scott Address: 3650 SW Viceroy Street, Port St. Lucie, FL 34953 Phone: C C 0 C 0 c) a 4- 0 m r R as c� C 0 0 c� m J O LO O Y W N Q Q d Q' O z w U) i.i r Q 6j a+ C N E t V fC a+ Q Packet Pg. 275 9.A.1.c 2. Applicant's Business is a Corporation (See Sunbiz.ore 2016 Florida Annual Report) If Applicant is a corporation, list the Name and Address of the following: Name: Senior Paradise LLC Address: 3650 SW Viceroy Street, Port St. Lucie, FL 34953 President: Edith Martin Secretary: Peter G. Martin Date of Incorporation: 2005 Place of Incorporation: St. Lucie County. FL (If Applicant is doing business under a fictitious name, please attach evident of compliance with Section 865.09, Florida Statutes) This business is a legal Properly registered limited liability company. Packet Pg. 276 9.A.1.c 3. Applicant's Medical Director: C Answer: This application is for a non -medical and non_emereenc C transportation service for our established facility_ residents. O U 3 d 4- 0 O R v d U C 3 O U 2 3 J r O Lf') O W U) a a IL w 0 z w U) i.i r Q O� a� C 0) E t V fC Q Packet Pg. 277 9.A.1.c 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses numbers and expiration dates, as required by the State of Florida. Answer: (See attached personnel roster) Packet Pg. 278 9.A.1.c 5. Please attach a vehicle roster which describes all vehicles applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers: Packet Pg. 279 9.A.1.c � n v m d T CL ��► CD CD 1O n n r l!f sm ,n 22 O 3 rn T n O :a a LA -0--4 n m -ni Nrn m m Ln m x Q D m rn m 0 r _ (? tro7 0 z z x w fa (�D Ln m rn .r m C n � m I'`O D + Ln m m m z r � O z r m r" r m O to i O m z 2 m r LA Packet Pg. 280 9.A.1.c FIM a a A 5z� H w �V z oz 0.0 any 0�a wz A0-4 C7 W � V C7 � O z Q W � w z� U � � Q o Q Packet Pg. 281 9.A.1.c 6. Please list how you handle radio communication from your base of operation in 5t. Lucie County to your vehicle and/or personnel out in the field of operation: Answer: We will use our ATT cell phones to communicate from our base of operation to our vehicle and personnel in the field. In case of any emergency we will call 911 and head toward the nearest hospital. Packet Pg. 282 9.A.1.c 7. Please attach a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other Public Funds. If Applicant is a government unit, please provide statement of funds budgeted to this service. Answer: See Chase bank statement summa Senior Paradise LLC has been existence wfor „12 years. This business is Private Pay and does not accept any Federal or State of Florida funding. Packet Pg. 283 9.A.1.c S. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence) Have copy of Insurance information with these parameters: Answer: USAA — Insurance Carrier Name Motor Vehicle shall be insured for the sum of at least Liability for injuries to or death of any one person - $100,000.00 Liability for injuries to or death of more than one person - $300,000.00 Damages to property arising from anyone accident: - $50,000.00 Packet Pg. 284 9.A.1.c 9. Area(s) proposed to be served by Application: Answer: We plan to serve the St. Lucie Martin Indian River Okeechobee and Palm Beach counties. (Also please provide a detailed map of service area) (See attached maps) Packet Pg. 285 Page 1 of 1 ;�anama C:ty.k. 00, St Question 9: Map of Areas to serve Senior Paradise LLC Transportation Service Areas Highlighted in black —Saint Lucie, Martin, Palm Beach, Indian River and Okeechobee counties Levy PinekEas ,AlsbGmuo F, De Soto Lee as e'rErd,!'a �eae"' Spnngr. Auq^ne e Hiwer' w1w Palm Er#& Palm Beach Wvni http://geology.com/county-mapJflorida-county-map.gif I Packet Pg. 286 9.A.1.c 10. Address of base of operation from which the proposed area(s) are intended to be served: (if the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) Answer: 3650 SW Viceroy Street, Port St. Lucie, FL 34953 Packet Pg. 287 9.A.1.c 11. Proposed rate schedules: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies.) Answer: See attached rate schedule. Yes, we -will be willing to provide indigent transport service and community service during aqy emergencies once our residents are safe and secured. Packet Pg. 288 Lii4u SENIOR PARADISE Superior mobility wheelchair services - offering superior wheelchair services for the elderly and disabled TRANSPORTATION FEES (Effective 2017) We provide Non -Medical and Non -emergency Wheelchair Transportation ROUND TRIP RATES: ► Monday — Friday — 7:00am — 6:00pm Fee $65.00 Monday — Friday: (After 6:00pm — 7:00am)) Fee $75.00 Saturday and Sunday Fee $85.00 • INSIDE Stuart, FL and Port St Lucie, FL city limits - $1.50 per/mile • OUTSIDE of Stuart, FL and Port St Lucie, FL city limits - $2.50 per/mile HOLIDAY RATES: Pickup Trip - FOR ALL HOLIDAYS Fee $100.00 • INSIDE Stuart, FL and Port St Lucie, FL city limits - $1.50 per/mile • OUTSIDE of Stuart, FL and Port St Lucie, FL city limits - $2.50 per/mile Holidav Dav Return trip fee will be anDlied_as above Holidays New Year's Day Labor Day Easter Thanksgiving Day Memorial Day Christmas Day Independence Day NOTE: New Year's Eve and Christmas Eve — Holiday rates apply from 3pm — 4pm (Prices are subiect to chance) 356o S-W Viceroy Street - Port Saint Lucie, FX 34953 Phone: (772) 8o7-8378 F-AX. (772) 8o7-8379 PmaiC seniorparadiseag"ahoo.com 9.A.1.c Packet Pg. 289 9.A.1.c 12. Please provide detailed information on how you will affect existing services in the following areas: (a) cost, (b) quality of care, (c) availability (24 hour operation). Answer: Because the population of the elderly, disabled Alzheimer's and dementia patients have grown significantly, there „i„s enough business for eve one• we simply want to fill a gap and provide a safe compassionate, efficient affordable care transportation for our residents. Packet Pg. 290 am 9.A.1.c 13. Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permit(s) have been obtained, please attached copies. If not, please attach copy of completed application for the license and permits(s). Answer: (See copy of ALF license — Senior Paradise LLC license Packet Pg. 291 9.A.1.c 14. Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal reference, (b) completed training and certificates, (c) experience and personal integrity, (d) area previously and or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of employment of key employees. Answer: (See attached narrative of Senior Paradise) (See attached personal references — Dr. Nicosia, Dr. Deno, Dr. Pinto and Dee [See attached resumes of Edith Martin — Owner/President,, Peter G. Martin — Secretary and Peter D. Scott —Driver, Tomasina Scott - Clerk Packet Pg. 292 9.A.1.c NARRATIVE HISTORY OF APPLICANT'S COMPANY SENIOR PARADISE LLC, established and incorporated in 2005, operating now for 12 years, is an Assistant Living Facility dedicated to providing long term loving, compassionate and safe daily care to elderly patients that suffer with Alzheimer's and dementia; and to provide assurance and peace of mind to the patients/residents family members that their loved ones are in a secure, stable, clean and loving environment. We ensure that special hands on touch to our residents, treating them with dignity, respect and individualized attention. We attend to their physical needs as well as simulating them mentally and assisting them to continue and develop healthy emotional experiences. We celebrate birthdays, anniversaries, holidays and special occasions with facility parties, outings, family functions, dressing up according to the theme, sharing and giving of gifts, dinners, etc. Our goals are to be the number one Assistant Living Facility in the Treasure Coast area, providing superior care to patients/residents and to be in business for many years to come. We plan to open in the next 3 years an additional Assistant Living Facility. An additional goal is to go one step further and provide non -medical non -emergency transportation services to our residents for their doctors' appointments, dialysis treatments, nursing homes visits, outings and other events. Providing and having our own transportation services will definitely alleviate the day to day hardships that family members face with their loved ones in transporting them to various businesses for medical needs. This transportation service will provide affordable safe transportation; and also decrease the stress, anxiety and confusion of our residents by keeping them surrounded by staff and people that they are familiar with and less contact with strangers. It will also provide family members more quality and quantity of time to spend with their loved ones when they do not have to coordinate and organize outside transportation services. Our hope is in the next 2 years to expand our business to the public by purchasing transportation vehicles and operating an efficient and effective non -medical non -emergency transportation service. With the increase in growth of the elderly population along with residents with Alzheimer's and dementia we want to assist our community and it residents in meeting the needs of our elderly Packet Pg. 293 9.A.1.c residents with these distinct ailments. To achieve our goals we will continue to advertise the business via word of mouth, referrals, the internet, flyers, brochures and other forms of advertisements. As long as we continue to provide the top notch care that we give now our future is bright. Packet Pg. 294 9.A.1.c JUSTIFICATION FOR YOUR APPLICATION Senior Paradise LLC {an Assistant Living Facility) will provide non -medical and non - emergency safe, affordable and quality personal care transportation for our residents. There is a great need for this transportation service in our area due to the increasing growth and life expectancy of the elderly. These individuals have different medical disabilities and medical problems including Alzheimer's, dementia, Parkinson's, dialysis and other diseases that affect seniors. Our goal is to establish a source of transportation that meet the needs of each individual resident. I work and own an assistant living facility and know that there is a great need to provide reliable non -medical and non -emergency transportation for people and families that have a difficult time meeting these needs of their disabled and elderly family member especially those patients who have neurological type diseases and dialysis.. The concept of this method of transportation came about because of the transportation needs of the residents in my assistant living facility, Senior Paradise LLC; and the difficulties obtaining transportation for this particular group in our society. There are patients who have various types of handicaps and disabilities and obtaining standard forms of transportation is very difficult and can be very costly because they don't have special vehicles customized for these distinctive individuals. Many times there is a need to coordinate and organize transportation for my residents to go to doctors' appointments, medical labs, hospitals, nursing homes, and other social outings. This can be very time consuming, sometimes stressful and taxing in waiting on public transportation and other transportation companies to accommodate our request. By supplying our own transportation vehicle I will be able to provide a better quality of care at a more cost effective level and have better time management. My residents will not have to be waiting for hours to be picked -up, delivered and returned to the facility. This will help to give the residents a peace of mind, cut down on confusion for the residents and give the residents' family members assurance that we are involved in the over-all care of their loved ones. When there are too many variables in transporting residents it can cause upheavals in the lives of people who already feel that they are losing control in their lives. Due to personal circumstances, family issues and economic situations it is sometimes difficult to provide the consistent necessary transportation for loved ones. As a result there is a great need to provide reliable non -medical and non - emergency transportation for these special individuals. In my interaction and conversation with individuals in the medical field they have explained their concerns about patients getting to and from appointments; the long wait time to be picked up for their appointments and being returned to their destinations. Some of their patients are already confused and this type of disruption of their schedule creates more confusion, anxiety and stress. Our pricing will be comparable and affordable to the current market. Our aim is to provide the safe, non -medical and non -emergency transportation for a reasonable price and thereby making our company one of the most sought after services in Treasure Coast area. Packet Pg. 295 9.A.1.c We will go the extra step as we have done in our assistant living facility which we have done for the last ten years. We plan to expand our services to the public in the next one to two years by purchasing vehicles and operating an efficient and effective transportation service. We will start with a small number of clients and expand according to the demands in our area and surrounding counties. Our ultimate goal is to expand our services to other facilities like ours and expand into servicing larger facilities such as hospitals, nursing homes and businesses in need of our services. There is a growing need in the Treasure Coast areas and surrounding counties for non -medical non -emergency transportation services. Non -medical and non -emergency transportation companies currently exist in our area. Our success will be based on our unique one on one quality of care and professionalism to our seniors. Our senior population is not dwindling but growing every day because people are living longer. People will always need non -medical and non -emergency transportation and now there are not enough of such services in our county and surrounding counties. It is a great time to take advantage of the market. Our marketing strategy is based on advertising and promoting in medical facilities, nursing homes, and most importantly private referrals. Packet Pg. 296 9.A.2 ITEM NO. (ID # 5051) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Parrish, Public Safety Director Public Safety DATE: 03/20/2018 *PUBLIC HEARINGS\PUBLIC SAFETY St. Lucie County Certificate of Public Convenience and Necessity Application - JusTranzit School Bus, Inc. JusTranzit School Bus, Inc., has submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on February 20, 2018, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Accordingly, the Council voted 5-0 (2 absent) to approve the application. The Public Safety Director has notified the City Managers of Fort Pierce and Port St. Lucie of the pending application. To date, no response has been received from the cities. Copies of the application and Sections 18-54 and 18-56 of the St. Lucie County Code of Ordinances are attached. Notice of the March 20, 2018 public hearing was published in the News Tribune on February 26, 2018. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board determine the application of JusTranzit School Bus, Inc., for a Class F Certificate of Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. COMMISSION ACTION: Packet Pg. 297 9.A.2 Coordination/Signatures Tiffany BeILA Public), ublic fet Division Director 3/8/ 01 4aniieA..McIntyre, C my ttorney 3/9/2018 cJJ��X �LF1L LV .13y er, De y Coutny Administrator 3/12/2018 Updated: 3/8/2018 2:42 PM by Katrina Slay Page 2 Packet Pg. 298 4/21/2016 St. Lucie County, FL Code c f Ordinances Sec. 18-54. - Same —Emergency medical services advisory council review. (a) The council will review the application, consider the recommendations of the public safety director, the fire chief, other service providers, and any affected municipality and forward a recommendation on the application to the board. (b) In making its recommendation to the board, the council shall consider the following factors: (1) Compliance with the appropriate license requirements set forth in F.S. ch. 401 and F.A.C. ch. 64J- 1. This shall not apply to applicants for a Class F certificate. (2) The population density and composition of the areas within which the proposed service will operate. (3) The need of the people in the proposed service area for such service. (4) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles permitted for operation and operating in the proposed service area. (5) The recommendation of any municipality located within the proposed service area. (6) The recommendation of the local or regional agency created under F.S. ch. 395. This shall not apply to applicants for a Class F certificate. (7) Such other factors related to the standards of review set forth in section 18-56, as the council shall deem appropriate. (Code 1982, § 1-12.5-7; Ord. No. 96-04, pt. A, 2-20-1996; Ord. No. 08-011, pt. D, 3-15-2008) hops:/AArwd2.municode.com4ibrary/O/st._lucie_county/codes/code of ordinances?nodeld=CO_CHI8EMMAEMSE ARTIIILISUSE Sib-54SAMEMESEADCO... 111 Packet Pg. 299 4/21/2016 5t. Lucie County, FL Code of Ordinances Sec. 18-56. - Same —Standards of review. The board shall apply the following standards of review in determining whether to approve an application for certificate of public convenience and necessity: (1) Whether the application is complete and meets the minimum requirements of this article, F.S. ch. 401 and F.A.C. ch. 64J-1. This shall not apply to applicants for a Class F certificate. (2) Whether a need for the proposed service exists in the proposed service area. (3) Whether the municipality, if any, located in the proposed service area has recommended that the board approve the application. (4) Whether the local or regional trauma agency created under F.S. ch. 395 has recommended that the board approve the application. This shall not apply to applicants for a Class F certificate. (Code 1982, § 1-12.5-9; Ord. No. 96-04, pt. A, 2-20-1996) r LO O Ln https://w m2.municode.comAibrarylfl/st. lucie county`/codesicode of ordinances?searchRequest=%7B%22searchText%22:%2218-5f>%22,%22pageNum%22:... 1I1 Packet Pg. 300 9.A.2.c ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION Applicant's name: J L&s 11-o-nZt� sC c." Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership ( t,Kcorporation If Applicant is a partnership, list the name and address of each partner: Name: . r /A Address: If Applicant is a corporation, list the Name and Address of the following: i Name: ..}itsle-c3nz-1_4__SChvA ct3� r5C• U Address:-q.30(o _1� g4tia- -5{YL2_� E # .�tfyCl President: Vice President: _ 'c I )ny\i i I 1 i CtrY)S O Secretary: M ct.4C i c, -J; M (j-%-' , Cj U Treasurer: M e-C� 1Zola;nSif-1% T� � date of Incorporation: 3 p . J o i?� iJ I J Place of Incorporation: F! -� r s d ci (If Applicant is doing business under a fictitious name, please attach evidence of � compliance with Section 865.09, Florida Statutes.) C P 3 Applicant's Medical Director: �1 Address: Phone: 4 Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. 5 Please attach a vehicle roster which describes all vehicles applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. { � b CwYl e 4aAA 4 n c t CL C l,' e J .,�' - {J e 6 Please list how you hand#e radio communication from you base of operation in St. Lucie County to your vehicle and/or personnel out in the field of operation. 7 Please attac a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement of funds budgeted for this service. 8 Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). 9 Area (s) proposed to be served by Applicant: �Sf- Lc,�c l e C.o,� ,•,�� (Also please provide a detailed map of service area) Packet Pg. 301 9.A.2.c 10 Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) 11 Proposed rate schedules: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). ``f� rf3, (-C. 410 Ind e„+ $e.-vlce.5. 510 ICI% S lV i rl hei G�' -e�.� 12 Please provide etaile rn a ion on hcfw you will affect existing services in the following areas: (a) cost, (b) quality of care, © availability (24 hour operation). 13 Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permits{s) have been obtained, please attach copies. If not, please attach copy of completed application for the license and permit(s). 14 Please provide a narrative history of Applicant's company. At a minimum please include: ( a ) three personal reference, ( b ) completed training and certificates, [ c ) experience and personal integrity, ( d ) area previously and/or currently served, { E J hospitals or other entities previously or currently served, ( f ) names and length of employment of key employees. 'JOC-tl+net �u ►cn c. tcc ,f SZ{a�1c GLy. 15 On a separate sheet, please provide a justification for you application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. 16 Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLEE),to�n each of the applicant's personnel. �GC_ i 4Y�PIt{7� —141� c�E �wY4�'L1 `tie, 17 Please list any other Counties in the State of Florida or other StStes in which the applicant holds a Certificate of Public Convenience and Necessity. 1�� Iv►• M4lli/�Classification applying for: 4(li, I AR Y*••'••�CC� OGG GOP A�r�� �agg1B ; �• Signature of Applicant N°' F .' '� �j1 '•. •• Pue�,``• e 4,�(� F+�TE OF FLORIDA ram/ ' ••'••••+ `✓�-tbUNTYOF S t, �- LAt:,te., The foregoing instrument was acknowledge before me g g g this 0 tih day of Qc'to61+/ 20_!2_ by ow' LU rd as Vj;,Jy't, By-fle.f for TI Lnav)Z-;f . .T,.\, Notary Publi ate of Florida Personally Known or Produced Identification Type of Identification Produced cxcO/ems applications 2014 7/14/2014 0 Packet Pg. 302 9.A.2.c LO O Q Packet Pg. 303 9.A.2.c -l- n z m m �i C � � T 5 � � SN I O n n un m C z w R- !� O a ro 3 � „ r D rD O A n r n m m n fli # N 5 N m X v O n m :s 2 0 m O � r N r O � O Z T � m rn 70 m C Z n � rn j C a n m m O m ' m (7 V Co Q { C o a� � U � r m O U O C 3 T r r J LA n (n > a m C: i 0 Qoz CD z C)z a m LO O O C M Dr j Co Q O z N Packet Pg. 304 9.A.2.c LO O Q Packet Pg. 305 9.A.2.c — �K n rn m m 7 , C U � � n � r z 75 U c J � m i m n m C i z h C m � n � m m Z C T� Z D _S O Z v trio- Q; v to m ff Z Ll z 1 n c� a C cn m m Z n m m � � m Ln o z C n n Co a m m m O mCo 0 ^ O C y m a a 4- o m m Cu z V 0 o 4- L b N c :-A � U r � n C r V, c T m 3 m Q c U �¢ Z y m O 3 J m z Z z n 0 n LO m O O z Ln .. Packet Pg. 306 9.A.2.c LO O Q Packet Pg. 307 9.A.2.c JusTranzit &.1,shool. Bus, Inc. October 4, 2017 To Whom It May Concern: This letter is in reference to Question 7. At this time we do not receive Federal funds. We do J receive funds from the general public for services rendered.Co LO 0 Sincerely, D"a-,- �-� Deidre Butler Owner JusTranzit School Bus, Inc. 2306 N 49th Street Fort Pierce, FL 34946 - Phone (919) 791-5195 - Fox (772) 464-6522 Packet Pg. 308 9.A.2.c JusTra.nzit � -. pool Bus, Inc. October 4, 2017 To Whom It May Concern: This letter is in reference to Questions 12 and 15 of the St. Lucie County Certificate of Public o Convenience and Necessity Application. I do not believe that the services we are proposing to U 2 offer will affect existing services in our area with a major impact. I believe that our rates are 3 reasonable and the quality of care that we provide our children we service and main stream J r customers does by far exceed any expectations that could be set forth for us to follow. I believe that there is enough work for everyone to share. No one person or company can do it all and o people like diversity and being able to have choices. Our availability is 24/7. =' JusTranzit is a Vendor for the State of Florida on My Florida Market Place as well as for Vocational Rehabilitation. We are also in the process of working on other Government Contracts as well. Therefore, please accept this as my justification and need for the approval of this application. We are proposing to mainly provide services to families that have children with exceptionalities that need a reliable and safe alternative to transportation catering to the needs of their child(ren). I have a daughter with special needs. We've been overcoming obstacles for over 24 years now which is her current age. School, transportation, healthcare, the list is long. But what has always been first and foremost is the level of care she deserves and receives as well as all of the families we would like to care for and provide services to. I know first hand about the compassion that is needed and the love for what you do. I experience this on a daily basis and I would love the opportunity to share my experience and services with St. Lucie County providing a wider range of services. We are and will continue to be a great asset to the community in a new capacity. Sincerely, k�u (tLc T Deidre Butler Owner JusTranzit School Bus, Inc. Packet Pg. 309 State Board of Education Marva Johnson, Chair Andy Tuck, Vice Chair Members Gary Chartrand Tom Grady Rebecca Fishman Lipsey Michael Olenick September 20, 2017 Justranzit School Bus Inc 2306 N 49th Street Fort pierce, FL 34946 Reference number:, Dear Deidre Butler, FLORIDA DEPARTMENT OF 0 EDUCATION fldoe.org Pam Stewart Commissioner of Education 9.A.2.c We are pleased to inform you that your application has been approved to become a Transportation 0 vendor effective September 20, 2017. This approval allows you to provide the following service: 3 J r • Transportation Services LO CD This registration will expire on September 20, 2022. Prior to that time you will need to submit a new vendor application to renew your vendor registration with VR. o We are pleased to have this opportunity to enter into this partnership. if you have any questions or need additional information, please contact VR Vendor Registration at 1-866-580-7438. Sincerely, Vendor Registration Bureau of Vendor and Contracted Services Division of Vocational Rehabilitation ALEISA C. MCKINLAY Director, Division of Vocational Rehabilitation 2"` Floor • 4070 Esplanade way @ Tallahassae, FL32299-7016 Toll Free: 1-800-451-4327 • 850-245-3399 • FAX: 850-245-3392 • wvvw.rehabworks.org TTY users dial 711 + VP users connect via VRS Packet Pg. 310 10.A.1 ITEM NO. RES-2018-41 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY Resolution - City of Fort Pierce Resolution 18-R02 Initiating Development of an Interlocal Service Boundary Agreement Attached is a copy of a letter dated January 26, 2018 from Fort Pierce City Manager Nicholas C. Mimms, P.E. enclosing City of Fort Pierce Resolution 18-R02. The resolution proposes to initiate the process for negotiation of an interlocal service boundary agreement with the County. The issues identified in the draft resolution are issues concerning planning, annexation and service delivery for the area identified in the map attached to the resolution. nirri IrrI(1N- Under the provisions of Section 171.203(2), Florida Statutes, the County has 60 days after receipt of the City's resolution to adopt a responding resolution. The County may identify additional issues for negotiation. Attached for Board consideration is a copy of a draft Resolution which, if adopted, would express the Board's desire to participate in the discussion and negotiations with the City of Fort Pierce pursuant to City of Fort Pierce Resolution No. 18-R02. The draft resolution also identifies certain issues that County staff believes should be discussed as part of the negotiations. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: Packet Pg. 311 10.A.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/28/2018 LV �i[1'f'I,FJL 1 y kWer, De y Coutny Administrator 2/28/2018 rk 5 er ee, Dep County A ministrato 2/28/2018 Updated: 3/8/2018 2:35 PM by Katrina Slay Page 2 Packet Pg. 312 10.A.1.a THE SUNRISE CITY FORT PIERCE""-- --___"--- CITY MANAGER'S OFFICE January 26, 2o18 Howard N. Tipton, County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Tipton: On January 16, 2oi8, at its regularly scheduled meeting, the Fort Pierce City Commission adopted Resolution No. 18-Ro2 initiating the negotiation of an interlocal service boundary agreement under Chapter 171, Part II, F.S. The initiating resolution relates to prospective future negotiations to address issues concerning planning and annexation. A copy of the adopted resolution is enclosed and requested to be included as part of the public record in this matter. We look forward to the continuation of our successful working relationship with St. Lucie County. Sincerely, Nich as C. Mimms, P.E. City anager NCM:jdr Attachment C: Mayor & City Commissioners James M. Messer, City Attorney Linda W. Cox, City Clerk I= 0 c a� E 0- 0 m a� c r c N O W 00 c O w 3 O N O a� L m a t= O U_ 0 r U 00 r 0 N In W W 100 NORTH US 1, FORT PIERCE, FLORIDA 34950 • CITYOFFORTPIERCE.COM • TEL: 772.465.4170 • FAX: 772.489.8042 Packet Pg. 313 10.A.1.a RESOLUTION NO. 18-1102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS PROVIDED FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH THEREIN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of I territoryfrom the unincorporated areas of the county; and WHEREAS, the Act further intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the affects of annexations; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government and increase the level of service of residents within the boundary of unincorporated St Lucie County; and WHEREAS, the boundary area as shown in Exhibit "A" is generally surrounded on the north, south and west by unincorporated portions of St. Lucie County; and WHEREAS, the City of Fort Pierce pursuant to this interlocal service boundary agreement with the County of St. Lucie wishes to fill in its municipal boundaries; and WHEREAS, the boundary generally outlined by the established Fort Pierce Utility Service Area as adopted in the three party agreement contains lands that serve a substantially important economic development interest to the residents of St. Lucie County and the City of Fort Pierce and consistent planning and development rules and procedures are vital to the process; and WHEREAS, it is the intent of the City Commission of the City of Fort Pierce to initiate discussions with St. Lucie County regarding the development of an interlocal service boundary agreement for lands shown in Exhibit "A" to address the above - referenced concerns. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Fort Pierce, Florida: Section 1. That the City of Fort Pierce hereby invites St. Lucie County to enter into negotiations under the act to address issues concerning planning and annexation for the areas identified in Exhibit "A". Packet Pg. 314 1 i 10.A.1.a Resolution 18-R02 Page 2 Section 2. That the City of Fort Pierce hereby identifies the issues to be negotiated as follows: A.. The process, definitions, schedule and criteria for voluntary and referendum annexations in the municipal service area in replacement or modification of the requirements of Chapter 171, Part I, Florida Statutes. B. The establishment of municipal services areas, as defined in Sec. 171.202(11)(a), F.S. for which the City may plan for an annex, which consists of planning areas in the area as shown in Exhibit "A". C. The establishment of a process for land use decisions consistent with Part II of Chapter 163, Florida Statutes, for lands in the municipal service area. D. The incorporation of mutually agreed upon extraterritorial powers to be exercised by the city within unincorporated areas a as shown in Exhibit "A". These powers may be in addition to other municipal powers that otherwise exist in the City. Section 3. All conflicting policies are superseded by this policy. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall take effect upon adoption. IN WITNESS HEREWITH, we hereunto set our hands and affix the Official Seal of the City of Fort Pierce, Florida, this 16t' day of January, 2018. br(u�J da Hudson Mayor Commissioner ATT S;r- yy� f.3 C.(Ic (? / Linda W. Cox City Clerk (City Seal) APPROVED AS TO FORM & CORRECTNESS: h James M. Messer City'Attorney Packet Pg. 315 1 Resolution 18-R02 Page 3 10.A.1.a Exhibit A — Proposed Area for Annexation through ISBA 0��d 0 0 ON WHO , D Ulf: V Or .- V T T- IT 00 r 0 N N W Packet Pg. 316 10.A.1.b RESOLUTION NO. 18-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, RESPONDING TO AN INITIATING RESOLUTION OF THE CITY OF FORT PIERCE AND SETTING OUT IN ACCORDANCE WITH SECTION 171.203(6), FLORIDA STATUTES, CERTAIN ISSUES FOR NEGOTIATION AND DISCUSSION WHEREAS, Part 11, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" ("Act") provides an alternative to Part I of said chapter for local governments regarding the annexation of unincorporated territory into municipalities and the provisions of services related to such annexed territory; and WHEREAS, the St. Lucie County Board of County Commissioners ("Board") has been provided notice of the adoption by the City of Fort Pierce, Florida, City Commission ("FP") of Resolution No. 18-R02, adopting and initiating resolution pursuant to the Act, and inviting the Board to commence the negotiations process under the Act to enter into an Interlocal service boundary agreement to address issues concerning planning, annexation and service delivery for the area identified in the resolution; and WHEREAS, FP and the County have been jointly undertaking a review of the revitalization of Downtown Fort Pierce and central and northern St. Lucie County. An important component part of that review has been exploration of the relocation of the Ft. Pierce Utility Authority ("FPUA") island sewer treatment facility to improve resiliency, and to promote the redevelopment of the island property together with the waterfront areas of FP; and WHEREAS, concurrently with this review, the FPUA and the St. Lucie County Water and Sewer Utility District ("SLC Utility") have been jointly undertaking a review of the opportunities to create a regional utility authorityfor central/northern St. Lucie County to promote the regional development of water, sewer and reclaimed water supplies and treatment facilities, and to better manage and provide cost effective public infrastructure growth in central/northern St. Lucie County, with the ultimate goal of providing the most cost effective and efficient utility service for the public at the lowest possible cost; and WHEREAS, the County suggests combining the efforts outlined above to take best advantage forthe public of the synergies of creating a central/northern St. Lucie County Interlocal utility authority to accomplish these multiple goals in the public interest; and WHEREAS, the County recognizes the importance to the economic health of the City and public health and welfare of residents in the unincorporated County areas abutting the municipal boundaries of FP for the thoughtful implementation of FP's long term municipal annexation program, and accordingly the County suggests that parties explore the implementation of a Packet Pg. 317 10.A.1.b regional authority that would preserve and protect the FPUA annexation agreement program; and WHEREAS, the Board also desires to discuss with the City the issues of the City's overall annexation plans, the potential for community involvement and input regarding future annexations and responsibility for roads and drainage within future annexation areas; and WHEREAS, it is the intent of the Board to respond to FP's initiating resolution to provide the Board with the opportunity to participate in the negotiation process under the Act. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Board hereby adopts this responding resolution pursuant to the Act, to commence discussions and negotiations pursuant to the Act so as to enter into an Interlocal Service Boundary Agreement addressing the area and the issues set forth in FP Resolution No. 18-R02, as well as the issues identified in Exhibits A and B attached to this Resolution. B. The Board directs the County Administrator or his designee to provide a copy of this Resolution by United States Certified Mail to the City Manager of the City of Fort Pierce, as the Chief Administrative Officer. C. This resolution shall be effective on the date of its adoption. 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 Anthony Bonna XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day of 2018. Packet Pg. 318 10.A.1.b ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 17 00 0 N N W w a+ Q Packet Pg. 319 10.A.1.b EXHIBIT "A" The Board desires to discuss with the City the following issues: A. The City's overall annexation plans. B. The potential for community input and involvement in the City's future annexation plans. C. Responsibility for roads and drainage within future annexation areas. 17 00 0 N N W W a+ Q Packet Pg. 320 10.A.1.b EXHIBIT "B" Creation of Regional Water and Sewer Treatment Authority for North/Central SLC A. Fort Pierce/FPUA and SLCWSD create a section 163.01, F.S. interlocal entity to provide North/Central County regional water and reclaimed water supply and treatment and sewer treatment and disposal facilities. B. Fort Pierce/FPUA and SLC appoint governing Board of Regional Authority. C. Regional Authority authorized to provide water and reclaimed water supply and treatment, and sewer treatment and disposal utility service to FPUA and SLC Utility for retail utility service. D. Regional Authority directed to acquire and operate the regional water and reclaimed water supply and treatment and sewer treatment and disposal facilities, but not provide retail service, which remains under control of FPUA and SLC Utility within their respective service territories. E. Regional Authority authorized to issue debt to acquire existing FPUA and SLC utility water and reclaimed water supply and treatment and sewer treatment and disposal facilities in amount sufficient to defease the FPUA and SLC Utility outstanding water and sewer system debt, and sufficient to fund relocation of FPUA island sewer treatment facility to SLC mainland utility site, to fund redirection of sewer flow to new sewer treatment facility, and to fund other regional infrastructure requirements. F. Regional Authority board passes through actual cost for regional utility services to FPUA and SLC Utility; FPUA and SLC Utility continue to collect retail rates from customers and retain net revenues, which allows FPUA to continue to fund annual transfers to City of Fort Pierce. G. Regional Authority authorized to contract with FPUA and SLC Utility to operate and maintain retail utility facilities on cost pass -through basis. II. FPUA and St. Lucie County Utilities retain retail customers/water distribution and wastewater collection systems A. FPUA retains control over existing and future service area customer relationship 1. FPUA retains annexation agreement requirement for new customers within FPUA service territory. 2. FPUA sets rates and charges for retail customers. 3. FPUA sets service policies for current/future customers. Packet Pg. 321 10.A.1.b B. SLC Utilities retains control over existing and future service area customer relationship. 1. SLC sets rates and charges for retail customers. 2. SLC sets service policies for current/future customers. III. Transfer of Treatment Systems A. FPUA transfers utility facilities to Regional Authority (water supply, water treatment plant, water storage and plumbing facilities, major water transmission mains, island sewer plant, major force mains, major pump stations, effluent and Biosolids disposal facilities). B. SLCWSD transfers utility facilities to Regional Authority (water supply, water treatment plants, water storage and pumping facilities, major water transmission mains, sewer plants, major force mains, major pump stations, effluent and Biosolids disposal facilities). IV. Redevelopment of Island Sewer Plant Site A. Upon completion of a new mainland sewer treatment facility, the City of Fort Pierce and SLC jointly collaborate on redevelopment of the island sewer plant site. V. Debt Issuance by Authority A. As the Regional Authority is independent of either FPUA or SLC Utility, the Regional Authority can effectively restructure and extend existing utility debt to achieve debt service savings sufficient to fund the acquisition/capital infrastructure program without the requirement of increasing retail customer rates to fund the acquisition and initial capital program. VI. Economies of Scale A. Regional Authority can achieve operations economies of scale, reduce duplicate treatment facility construction; reduce operating expenses through modernization of facilities and technology upgrades, and optimize use of available capacities in current facilities. B. Regional Authority can provide funding mechanisms for equitable S year right -sizing transition plan for existing employees (through normal employee attrition and out - bonding incentive packages. VI I. Future opportunity to include PSL Utility in Regional Authority Packet Pg. 322 10.A.2 ITEM NO. RES-2018-42 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY Equipment Lease Agreement with TD Equipment Finance (TD) The County's Road & Bridge Division needs to purchase certain heavy equipment as identified in Exhibit "A". The equipment set out in Exhibit "A" are proposed to be funded through an equipment lease/purchase agreement. A copy of a February 20, 2018 memorandum from Jay Glover of Public Financial Management, Inc., the County's financial adviser, recommending that the County select TD Equipment Finance ("TD") to finance the transaction is attached as Exhibit "B". Also attached as Exhibit "C" is a copy of a draft resolution, which has been reviewed and approved by the County's Bond Counsel. The resolution, if adopted, would authorize the approval of an equipment lease/purchase agreement with TD to fund the purchase of the equipment. The cost of the equipment will not exceed $3,000,000.00. The County will be able to draw funds down as needed over a 2 year period. The proposed indicative interest rate is 2.4476% based on a 5 year term (other interest rate options are 2.6723% for a 7 year term and 2.9297% for a 10 year term). For draws made within the initial 120 days of the proposal submittal date, the County requested a rate lock that set the 5-year interest rate at 2.552% thus eliminating any risk associated with rising interest rates. The interest rate on all other/subsequent draws will be based on market conditions at the time of the draw. The proposed rental payments are to be made only from the County's legally available non -ad valorem revenues appropriated on an annual basis. There is no pledge of ad valorem revenues by the County and the County is not pledging its full faith and credit. The County's Financial Advisor and Bond Counsel have reviewed the proposed transaction and recommend approval. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Annual debt service payments will be based on the amounts drawn, timing of draws and the desired payback term. The County has $500,000 budgeted in account 001-4110-571100-400 to fund the annual payments. Packet Pg. 323 10.A.2 RECOMMENDATION: Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: Coordination/Signatures ian:,iee/S.McIQntYre, my ttorney 3/6/2018 updated: 3/8/2018 2:38 PM by Katrina Slay Page 2 Packet Pg. 324 10.A.2.a ROAD & BRIDGE HEAVY EQUIPMENT PURCHASE FY 17/18 Dump Trucks PR# YEAR MAKE DESCRIPTION MODEL UNIT COST OPTION COST TOTALCOST NOTES 2018 Peterbilt Gar-P 16' Dump Body 567 $139,701.50 $3,680.00 $143,381.50 Pintle Hook Tow & Wet Line Package Options 2018 Peterbilt Gar-P 16' Dump Body 567 $139,701.50 $3,680.00 $143,381.50 Pintle Hook Tow & Wet Line Package Options 2018 Peterbilt Gar-P 16' Dump Body 567 $139,701.50 $0.00 $139,701.50 2018 Peterbilt Gar-P 16' Dump Body 567 $139,701.50 $0.00 $139,701.50 2018 1 Peterbilt Gar-P 16' Dump Body 567 $139,701.50 t $0.00 $139,701.50 TOTAL= $698,507.50 $7,360.00 $705,867.50 Tractors PR# YEAR MAKE DESCRIPTION MODEL UNIT COST OPTION COST TOTALCOST NOTES 2018 John Deere Utilityw/8' Mower 5100E $56,699.87 $0.00 $56,699.87 2018 John Deere 24' Boom Mower 6110M $168,467.00 $0.00 $168,467.00 2018 John Deere 24' Boom Mower 6110M $168,467.00 $0.00 $168,467.00 2018 John Deere 24' Boom Mower 6145M $188,535.88 $33,855.36 $222,391.24 Mulching Head Upgrade; 60" Rotary Mower & 90" Buzzbar Options 2018 John Deere 30' Boom Mower 6145M $193,496.00 $0.00 $193,496.00 TOTAL= $775,665.75 $33,855.36 $809,521.11 Trash Truck PR# YEAR MAKE DESCRIPTION MODEL UNITCOST OPTIONCOST TOTALCOST NOTES 2018 Peterbilt Brush Hawg Grappler 337 $161,739.00 $0.00 $161,739.00 TOTAL= $161,739.00 $0.00 $161,739.00 Walking Excavator PR# YEAR MAKE DESCRIPTION MODEL UNITCOST OPTIONCOST TOTALCOST NOTES 2018 Kaiser 4X4 Walking Excavator S2 Gator $393,167.00 $0.00 $393,167.00 TOTAL= $393,167.00 $0.00 $393,167.00 GRAND TOTAL= $2,029,079.25 $41,215.36 $2,070,294.61 E .3 W N 00 O N N W Q-' Packet Pg. 325 1*3 PfM February 20, 2018 Recommendation Memorandum To: Howard Tipton, County Administrator Dan McIntyre, County Attorney Jennifer Hill, Director, Office of Management & Budget From: Jay Glover, Public Financial Management, Inc. RE: Master Equipment Financing Agreement (2018) — Recommendation Memo Public Financial Management, Inc. ("PFM") was engaged by St. Lucie County (the "County") to serve as financial advisor for the County's proposed master equipment financing agreement in an amount not to exceed $3,000,000 to finance a portion of the cost of heavy equipment/vehicles, including but not limited to, the following: • Dump Trucks • Tractors • Grappler Trucks • Excavator Based on the different types of the projects, different useful lives of the projects, and timing of when funding is needed; it was determined that we would analyze both a direct placement bank loan and a lease structure in order to obtain the most cost effective method of financing. At the County's direction, PFM distributed a request for proposals ("RFP") on January 22, 2018 to a list of local, regional and national financial institutions to identify the institution that could provide the County with a fixed rate, bank qualified master equipment financing agreement (the "2018 Agreement") at the lowest overall borrowing cost, pursuant to certain conditions as determined by the County. Prior to the submittal deadline (February 9, 2018 by 1:00 PM EST) the County received ten (10) proposals from the following firms: Banc of America Public Capital Corp, CenterState Bank, City National Capital Finance, JP Morgan Chase Bank, Pinnacle Public Finance, PNC Equipment Finance, Sterling National Bank, SunTrust Equipment Finance & Leasing, TD Equipment Finance and US Bancorp. A summary of each proposal is included as Exhibit A. Based on PFM's review and discussions with County staff and Bond Counsel, it was determined that TD Equipment Finance provided the best lease structure proposal when 10.A.2.b Packet Pg. 326 10.A.2.b considering interest rates, drawdown feature, ability to finance all needed capital projects and other terms/conditions. TD Equipment Finance provided indicative bank qualified interest rate options based on a 5-year term (2.4476%), 7-year term (2.6723%) and 10-year term (2.9297%). Their proposal also allows the County to draw funds down as needed over a 2 year period. Therefore, as the County needs funds to pay the purchase price of the above described equipment, it will draw the funds down and the term of the pay back will be based on the useful life of the equipment. For draws made within the initial 120 days of the proposal submittal date, the County requested a rate lock that set the 5-year interest rate at 2.552% thus eliminating any risk associated with rising interest rates. The interest rate on all other/subsequent draws will be based on market conditions at the time of the draw. While the TD Equipment Finance proposal did provide an option for prepayment prior to maturity with a 2% premium, the County elected the prepayment option that requires a yield maintenance/breakage fee for any optional prepayment. This option resulted in a lower interest rate for each draw. Given the acceptable terms and conditions, attractive interest rates, and ability to draw funds as needed, PFM recommends selecting TD Equipment Finance as the loan provider for the 2018 Agreement. Packet Pg. 327 10.A.2. b Exhibit A: Summary of Proposals N IT 00 0 N CO W S U- E .3 a' W I.- 0 0 E C� C 0 cE C 0 ci N� IML W X W Packet Pg. 328 10.A.2.b St. Lucie County, FL Master Financing Agreement RFP Summary Bank of America, N.A. CenterState Bank, N.A. t Proposal Requirements =1 Charles T. Maguire Jarrod Trefelner C Senior Vice President Vice President & Commercial Lender W E Contact Information 804-489-0544 772-293-0636 charles.maguire@baml.com JTrefelner@centerstatebank.com Q Five (5), seven (7) and ten (10) year options W to Final Maturity Five (5), seven (7) and ten (10) year options Right to draw funds under Master Financing Agreement matures 24- N months from date of closing. Each draw will be termed out at a fixed J rate of interest over a period no longer than the useful life of the asset being financed (no longer thank 10 years) d E 5-YR Option: 2.7632 % (Indicative) 5-YR Option: 2.94 % _0. .5 IlT Tax Exempt Fixed Interest LLI Rate- Non Bank Qualified 7-YR Option: 2.8988 % (Indicative) 7-YR Option: 3.05 % (NBQ) N 10-YR Option: 3.1037 % (Indicative) 10-YR Option: 3.15 % 14 00 T t7 tV '5-YR Option: 2.89 % Ch Tax Exempt Fixed Interest Same as Above W W Rate- Bank Qualified (BQ) 7-YR Option: 3.00 % 10-YR Option: 3.10 % IM C C Based on ICE Swap Index Based on ICE Swap Index O C Rate Set Calculation IL Chart showing rate calculations provided in proposal Rate formulas showing calculations provided in proposal C tY Rate Locked to Closing, or The indexed rates do not lock, but are valid for 15 days from date Rates are valid for up to 45 days from issuance of the proposal Q' Date to be set committed dated February 9, 2018 is W L O ly The financing will contain a non -prepayment clause for the first half of the term for each funding after which the outstanding principal C Prepayment Penalty balance of the lease may be prepaid in whole or in part at any time, None O together with all interest and late charges accrued through the date of prepayment C W E E O $5,000 for Initial Master Financing Agreement Funding to include V Legal/Other Fees None attorney fees & $3,000 for Subsequent Draws/Sub-loans to include attorney fees 1) The proposal must be accepted on or before February 16, 2018 1) Late fee: 5.00% of any payment ten (10) days past due 2) Lessee may be required to provide, at its expense, casualty 2) Default Rate: 4.00% above the Fixed Rate S insurance 3) Must provide a copy of its CAFR within 180 days of fiscal year )y 3) Semi-annual payments of interest in arrears, and annual end and the Budget within 60 days of adoption principal payments. The County may request a different payment 4) Upon request of Bank, Borrower shall provide a no default and frequency, but this may impacted the quoted rates covenant compliance certificate tV 4) Lessee will indemnify Lessor, on an after-tax basis, against any 5) Gross Up: The interest rate will be adjusted to provide the Bank Q loss of Federal income tax exemption of the interest portion of the with the same after-tax yield if there is a determination of taxability G rentals and against any penalties and interest imposed by the with respect to the Loan as a result of any action or inaction of the r Internal Revenue Service on Lessor in connection therewith on a Borrower lump -sum basis 6) County to retain counsel to prepare documents throughout the 01 Other Conditions 5) Lease documents in form and substance satisfactory to Lessor Master Financing Agreement as well as issue attorney opinion letter E and its local counsel must be executed and delivered on the taxability of each subsequent draw/sub-loan t 6) Market disruptions may result in Lessor modifying the indicative 7) Loan documents to be reviewed and approved by Bank attorney V pricing provided in proposal 8) CenterState Bank requests the county establish a deposit accoun r 7) Must provide three (3) years of most recent financial statements including wiring cash management services in order to facilitate Q and the most recent fiscal year's budget wiring of funds with each draw. (Not required) ;pared by: Public Financial Management, Inc. Packet Pg. 329 10.A.2.b St. Lucie County, FL Master Financing Agreement RFP Summary City National Capital Finance, Inc. t J.P. Morgan Chase Bank, N.A. Proposal Require ents Michael J. Horkey Chad Colby C Senior Vice President Southeast Territory Manager d Contact Information E 410-864-8304 813-483-8246 Michael.horkey@cncapitalfinance.com chad.colby@jpmorgan.com Ilm Q Five (5), seven (7) and ten (10) year options N to The line, subject to Lessor's review, will be available for two (2) years Five (5), seven (7) and ten (10) year options Final Maturity commencing from the date of this proposal subject to the terms and J conditions as stated herein. The Master Lease Line may be extended for Draws may be made through February, 2020 F, one (1) additional year with the mutual written consent of both the C Lessee and Lessor tv E 5-YR Option: 3.10 % Q' 5-YR Option: 2.79 % 3 IT Tax Exempt Fixed Interest 7-YR Option: 3.235% LLI Rate- Non Bank Qualified 7-YR Option: 2.94% (NBQ) 10-YR Option: 3.44% N 10-YR Option: 3.24% 14 t70 T CD tV 5-YR Option: 3.005 Ch Tax Exempt Fixed Interest Same as Above 7-YR Option: 3.135% W W Rate- Bank Qualified (BQ) 10-YR Option: 3.330% IM C 5-YR Option: (3 year LIBOR Swap Rate + 1.05) * .79 O C Rate Set Calculation 7-YR Option: (4 year LIBOR Swap Rate + 1.15) * .79 Rate Calculation: (IR Swap * 79%) + Spread = All -In Rate IL 10-YR Option: (5 year LIBOR Swap Rate + 1.45) * .79 r C tY Rate Locked to Closing, or Lease Rates shall be adjusted five (5) days prior to a given Lease The final Interest Rate and Payment per schedule will be agreed to and Q' Date to be set Funding Date for the desired term using the formulas shown above held five (5) days prior to closing is W L O 4) The Financing may be prepaid without penalty, in whole but not in part, prior to maturity, on any payment date after the initial 12 months from = Prepayment Penalty May be prepaid in whole, but not in part, on any payment due date with Commencement, subject to 30 days prior written notice. If Lessee O sixty60 days advance written notice providedprepays ( ) Y P the financing prior to the 12th month from Commencement (per 9P (P '++ draw schedule or in the first year of the escrow option), the payment may M be subject to a fixed rate / "make whole' break funding charge = W E E O V tv Legal/Other Fees None None m r.+ 1) Must provide 3 most recent years of audited financial statements; 1) Must deliver audited annual financial statements within 210 days of end most recent interim financial statements; most recent financial of each fiscal year S projections; and documentation referenced throughout the RFP and 2) Gross Up: If interest on the Lease is determined to be taxable for any L Term Sheet reason the interest on the Lease will increase from the effective date of 2) Lessee must notify Lessor that it is the apparent winner of the bid by such taxability to the taxable equivalent rate per annum March 6, 2018, otherwise the term sheet shall expire unless extended, in 3) Proposal will expire if acceptance does not occur by March 7, 2018 tV writing, by Lessor. If notification occurs by this date the Lessor will honor Q the quoted Indices, terms and conditions as stated in the Term Sheet for G Schedules that fund prior to December 30, 2019. This Proposal and any r subsequent approvals will automatically expire if a Lease Schedule is not closed by June 1, 2018 01 Other Conditions 3) Market disruptions my result in Lessor modifying the pricing and indexing as described in the Term Sheet t 4) Lessor may sell, assign or encumber all or any part of its right title and V interest in any or all Lease Schedules r 5) Lessee shall furnish confirmation of all-risk physical damage Q insurance coverage for the full cost of the property plus one million dollars ($1,000,000) combined single limit property damage and bodily injury insurance covering the property for each Schedule. In the event the Lessee maintains self-insurance, or alternative coverage, Lessor must approve the final insurance arrangements Prepared by: Public Financial Management, Inc. Packet Pg. 330 10.A.2.b St. Lucie County, FL Master Financing Agreement RFP Summary Pinnacle Public Finance, Inc. PINIC Equipment Finance, LLC t Proposal Requirements Blair Swaine Bryce Conway C Senior Vice President Associate Relationship Manager d Contact Information E 480-419-3634 614-463-6569 d d Bswain@BankUnited.com bryce.conway@pnc.com lim N Five (5), seven (7) and ten (10) year options Five (5), seven (7) and ten (10) year options to Final Maturity The Agreement will be for a period of two (2) years or the draw -down of The Agreement will be for two (2) years, subject to annual review J $3,000,000 whichever occurs first +, C d E 5-YR Option: 3.280 % 5-YR Option: 2.99 % _0. .5 IT Tax Exempt Fixed Interest LLI Rate- Non Bank Qualified 7-YR Option: 3.350% 7-YR Option: 3.35% (N BQ) N 10-YR Option: 3.530 % 10-YR Option: 3.65 % 14 00 T tV 5-YR Option: 2.91 Tax Exempt Fixed Interest Same as Above 7-YR Option: 3.23 % W W Rate- Bank Qualified (BQ) 10-YR Option: 3.49 % IM C C Based on ICE Swap Index O C Rate Set Calculation See proposal for formulas ILL Chart showing rate calculations provided in proposal C tY Rate Locked to Closing, or Date to be set Rates as of February 9, 2018 are valid for thirty (30) days Lease rates are set three (3) business days before closing 2- is W L O After the second anniversary of each lease commencement, so long as O there is no event of default, on any Rent Payment due date, Lessee Each Schedule will be subject to prepayment in whole, but not in part, shall have the option to purchase all, but not less than all, of the C Prepayment Penalty on any payment date at a price equal to the remaining balance equipment financed by paying to Lessor all Rent Payments and any O outstanding other amounts then due plus the Termination Value set forth in the 4' M Agreement. The Termination Value reflects the outstanding principal 'a balance plus a three percent premium E E O V tv None; however Pinnacle reserves the right to include up to $5 ,000 for Legal/Other Fees legal expenses should the County require significant revisions to the None transaction documents m r-i 1) Must provide a complete executed copy of all documents by noon 1) The lessee shall furnish confirmation of all risk physical damage the day prior to funding (a scanned copy is acceptable). Ultimately, insurance coverage for the full cost of the property plus $2 million S Pinnacle will require combined single limit property damage liability and bodily injury liability iy a complete set of documents with original signatures insurance covering the property 2) The proposal is subject to final credit approval and final 2) The lessee's counsel shall furnish Lessor with an opinion covering documentation this transaction and the documents used herein N 3) Lessee shall pay an unused capital fee to Lessor annually on the Q anniversary of lease commencement of each year beginning after G closing of the master lease agreement. The fee will be calculated by r taking the difference of Maximum Aggregate Financed Amount and the actual amount financed by Lessor and multiplying it by 0.15% d Other Conditions 4) Proposal is subject to due diligence and final credit approval E 5) Proposal is subject to Lessor's review of the equipment t specifications for each lease V 6) Proposal expires at the end of business on March 12, 2018 r a Prepared by: Public Financial Management, Inc. Packet Pg. 331 10.A.2.b St. Lucie County, FL Master Financing Agreement RFP Summary Sterling National Bank t SunTrust Equipment Finance & Leasing Corp. ++ Proposal Require ents Mark A. Cargo Dennis M. McDermott C Managing Director Director W Contact Information E 704-287-4493 404-658-4751 mcargo@snb.com dennis.mcdermott@suntrust.com Ilm N N M Final Maturity Five (5), seven (7) and ten (10) year options Five (5), Seven (7) and Ten (10) year options N J C d E 5-YR Option: 2.83 % 5-YR Option: 2.97 % (Indicative) _0. .5 IIT Tax Exempt Fixed Interest LLl Rate- Non Bank Qualified 7-YR Option: 3.00 % 7-YR Option: 3.10 % (Indicative) (NBQ) N 1 0-YR Option: 3.20% 1 0-YR Option: 3.25% (Indicative) 14 00 T N Ch Tax Exempt Fixed Interest Same as Above Same as Above W W Rate- Bank Qualified (BQ) IM C 5-YR Option: 79% of the 3 year Swap Rate + .98% C Rate Set Calculation Rates based on Libor Swap Rates 7-YR Option: 79% of the 4 year Swap Rate + 1.03% LL 10-YR Option: 79% of the 6 year Swap Rate + 1.09% C tY Rate Locked to Closing, or Rates quoted above are valid through March 10, 2018 Rates will be fixed within ten (10) business days of the closing of a Q' Date to be set schedule 17 W L May be prepaid in whole or in part on any payment date at the Redemption O Price, which is a percentage of the then -outstanding balance as shown below: E O 5-Year & 7-Year Year(s) 1-2 - No Call = Prepayment Penalty Year 34 - 101 % Prepayable in whole on any payment date at a premium of 3 % of the Thereafter - 100 % amount prepaid in year 1, 2 % in year 2, 1 % in year 3 yam-., M 10-Year Year(s) 1-3 - No Call y Year 4-7 - 101 % E Thereafter - 100 % E O V d Legal/Other Fees None None m r.+ 1) The Lender reserves the right — without the consent of (but with notice to) 1) Gross Up: If the interest component of rental payments is the Borrower - to assign, transfer or convey the Lease determined to be taxable, Lessee will pay Lessor on demand such S 2) The MFA is subject to full formal credit approval by SNB after award, and amounts (including additional interest, fines, penalties and other iy again one year after the day of this term sheet, as well as the negotiation of additions to tax) as will restore to Lessor its contemplated after-tax mutually acceptable documentation yield on the financing 3) Borrower must provide its three (3) most recent audited financial 2) Lessee will deliver an opinion of its counsel in form and substance N statements, its most recently adopted budget, a complete Equipment listing satisfactory to Lessor Q and a copy of any contract in connection with the Equipment 3) Market disruptions my result in Lessor modifying the indicative 4) The proposal expires on February 23, 2018 pricing provided in proposal r 4) The proposal expires on March 1, 2018 5) Documentation fee of $250 per schedule 01 Other Conditions t C) r a Prepared by: Public Financial Management, Inc. Packet Pg. 332 10.A.2.b St. Lucie County, FL Master Financing Agreement RFP Summary t TD Equipment Finance, Inc. U.S. Bancorp Government Leasing and Finance, Inc. ++ Proposal Requirements Robert H. Quinn, Jr. Denise Beauchamp C Regional Sales Manager, Vice President Vice President d E Contact Information 561-385-5340 904-284-3520 Robert.Quinn@td.com denise.beauchamp@usbank.com Ilm N to fC Final Maturity Five (5), Seven (7) and Ten (10) year options Five (5), Seven (7) and Ten (10) year options J C d E 5-YR Option: 2.5199 % (Indicative) !Z 5-YR Option: 2.5591 % (Fixed) 5-YR Option: 2.789% (fixed) Tax Exempt Fixed Interest 7_yR Option: 2.7140 % (Indicative) � W Rate- Non Bank Qualified 7-YR Option: 2.7873% (Fixed) 7-YR Option: 2.955% (fixed) (NBQ) N 10-YR Option: 2.9656% (Indicative) 10-YR Option: 3.136% (fixed) 14 10-YR Option: 3.0318 % (Fixed) O 5-YR Option: 2.4476 % (Indicative) O N 5-YR Option: 2.5199% (Fixed) CO) Tax Exempt Fixed Interest 7-YR Option: 2.6723 % (Indicative) Same as Above W Rate- Bank Qualified (BQ) 7-YR Option: 2.7446% (Fixed) 10-YR Option: 2.9297% (Indicative) C 10-YR Option: 2.9853% (Fixed) •V C O C Rate Set Calculation Not Provided Not Provided IL r C d Rate Locked to Closing, or Fixed Rates locked until April 6, 2018 if the proposal is verbally awarded by Rates set until March 29, 2018 Q' j Date to be set February 13, 2018 is W L O Option A: (Above rates are for this option) May be prepaid at any time with thirty (30) days notice at Par and subject to a Yield Maintenance Fee Prepayment Penalty Permitted after 13 months on any payment date at the lessor of a standard O Option B: May be prepaid at an time; if aprepayment occurs, Lessee will P Y P P Y make whole provision or 103 % of outstanding balance P 9 '++ agree to pay a premium of 2% of the then net investment; rates provided in M proposal if 2% prepayment option is chosen d E E O V d Legal/Other Fees Up to $2,500; if funding into escrow is chosen there will be an annual cost of None $1,500 r-i 1) Closing date of March 16, 2018 1) Default Rate: 12% or the maximum rate permitted by law 2) Gross Up: Upon a determination that the interest is taxable the interest rate 2) Determination of taxability formula: Interest Rate divided by .79 on the Note will increase to restore to the Lender its after-tax yield 3) Proposal subject to final review and approval iy 3) The Borrower will provide at closing (i) a legal opinion with respect to the 4) Borrower must complete the Essential use Application and return along due authorization, execution and binding obligation of the Note and Loan with vendor quotes for the equipment and a link to the County's 3 most recent Agreement and other transaction documents, among other customary CAFRs N opinions, (ii) a tax opinion from qualified bond counsel with respect to the tax- 5) Other financing options are available upon request Q exempt status of the Note O 4) Proposal is subject to final credit review r 5) The Borrower must provide three (3) years most current audited financial statements, and furnished annually thereafter; a copy of meeting minutes; a G1 Other Conditions copy of its budget; and a statement of essential use E 6) The proposal expires by 5:00 pm on February 23, 2018 M r a Prepared by: Public Financial Management, Inc. Packet Pg. 333 10.A.2.c EXECUTION COPY RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE EXECUTION AND DELIVERY OF THE FORM OF ATTACHED MASTER LEASE PURCHASE AGREEMENT BETWEEN THE COUNTY AND TD EQUIPMENT FINANCE, INC.; AUTHORIZING THE LEASING OF CERTAIN EQUIPMENT AS DESCRIBED THEREIN; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Section 125.01, et seq., Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. St. Lucie County, Florida (the "County") has obtained a proposal to provide the County with the necessary financing to provide for leasing from time to time of certain equipment by the County. B. It is necessary and desirable to provide for the execution and delivery of a Master Lease Purchase Agreement (the "Agreement," as more fully defined below) in connection therewith. C. In accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the County's obligation under the Agreement is in the best interest of the County because of the flexibility available in structuring the Agreement and its terms. SECTION 3. APPROVAL OF MASTER LEASE PURCHASE AGREEMENT AND SCHEDULE. The Master Lease Purchase Agreement (the "Agreement"), including Lease Schedule No.I attached thereto, in the form attached hereto as Exhibit A, is hereby approved in substantially such form, with such modifications as may be approved by the Chair or Vice Chair of the Board of County Commissioners of the County, such approval to be conclusively determined by his or her execution thereof, and the execution and delivery thereof by the Chair or Vice Chair of the Board of County Commissioners and the Clerk of the County who are hereby authorized to execute and deliver such instruments and to take such other actions as shall be necessary to execute the Agreement, is hereby authorized. The officials referenced above (the "Authorized Officials"), are each hereby authorized and directed to sign and deliver on behalf of the County the Agreement and any related exhibits attached thereto if and when required. Packet Pg. 334 10.A.2.c SECTION 4. OTHER ACTIONS AUTHORIZED. The officers and employees of the County shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of such certificates and opinions, as are contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement. SECTION 5. NO GENERAL LIABILITY. Nothing contained in this Resolution, the Agreement, nor any other instrument shall be construed with respect to the County as incurring a pecuniary liability or charge upon the general credit of the County or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the County or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Agreement are limited obligations of the County, subject to annual appropriation, as provided in the Agreement. SECTION 6. APPOINTMENT OF AUTHORIZED COUNTY REPRESENTATIVES. The Chair or Vice -Chair of the Board of County Commissioners and the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the County are each hereby designated to act as authorized representatives of the County for purposes of the Agreement until such time as the governing body of the County shall designate any other or different authorized representative for purposes of the Agreement. SECTION 7. REIMBURSEMENT OF PRIOR COSTS. The County hereby declares its intent to reimburse various costs and expenditures relating to the acquisition of certain property subject to the Agreement. The County reasonably anticipates that it will pay for such costs and expenditures from general revenues of the County. It is reasonably expected that reimbursement of such costs and expenditures shall come for the issuance of tax-exempt debt which is not expected to exceed $3,000,000 in aggregate principal amount. It is currently the intention of the County to principally secure such tax-exempt debt by means of annual lease payments as set forth in the Agreement. The expenditures to be reimbursed shall be consistent with the County's budgetary and financial policy as being the type of expenditures which shall be paid on a long-term basis. The County agrees to comply with all applicable law in regard to the public availability of records of official acts (i.e., adoption of this resolution) by public entities such as the County including making this resolution available to public inspection. It is the intent of this resolution to meet the requirements of Treasury Regulations Section 1.150-2 and to be a declaration of official intent under such Section. SECTION 8. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict. SECTION 9. SEVERABILITY. In the event that any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Resolution, which shall remain in full force and effect. -2- Packet Pg. 335 10.A.2.c SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its final passage and adoption. -3- Packet Pg. 336 10.A.2.c PASSED AND ADOPTED this 20th day of March, 2018. (SEAL) ATTEST: Clerk ST. LUCIE COUNTY, FLORIDA Chair, Board of County Commissioners 0 Packet Pg. 337 10.A.2.c EXHIBIT A FORM OF MASTER LEASE PURCHASE AGREEMENT I_N Packet Pg. 338 10.A.2.d MASTER LEASE PURCHASE AGREEMENT This Master Lease Purchase Agreement (this "Agreement"), dated as of March _, 2018, is made and entered into by and between TD EQUIPMENT FINANCE, INC. and its successors and permitted assigns ("Lessor"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Lessee"). RECITALS WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment (as defined herein), from time to time, subject to the terms and conditions hereof; WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I LEASE, FUNDING AND ACQUISITION OF EQUIPMENT Section 1.01 Lease. Lessor hereby agrees to sell, transfer and lease to Lessee, and Lessee hereby agrees to acquire, purchase and lease from Lessor the property described in each Lease Schedule (defined herein) executed and delivered by Lessor and Lessee, upon the terms and conditions set forth herein, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto (the "Equipment"). Each Lease (as defined herein) executed and delivered by Lessor and Lessee pursuant to this Agreement shall constitute a separate and independent lease and installment purchase of the Equipment described therein. This Agreement is not a commitment by Lessor to enter into any Lease and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease. The decision whether Lessor enters into any Lease is within Lessor's sole discretion. As used herein, (i) "Lease Schedule" means a schedule substantially in the form attached as Exhibit A to this Agreement, together with all addenda, riders, attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplemented, and (ii) "Lease" means a Lease Schedule each together with this Agreement the terms and conditions of which are incorporated therein. Section 1.02 Funding. Upon satisfaction (or waiver by Lessor) of the conditions set forth in Section 1.03, Lessor will pay to Lessee or its designees an amount equal to pay the costs to acquire and install the Equipment and certain costs related to the execution and delivery of the Lease Schedule as specified in such Lease Schedule (the "Funding Amount"). Section 1.03 Funding Conditions. The funding of the Funding Amount and the performance by Lessor of any of its obligations pursuant to any Lease, are subject to the satisfaction the following: (a) Lessor has received all of the following documents, which shall be reasonably satisfactory, in form and substance, to Lessor: (i) the applicable Lease Schedule duly executed by Lessee; (ii) evidence of insurance coverage or self-insurance as required by the Lease; (iii) an opinion of Lessee's counsel dated the date of the applicalbe Lease Schedule; (iv) an opinion of special tax counsel to Lessee dated the date of the applicable Lease Schedule; WBD (US) 42245280v2 Packet Pg. 339 10.A.2.d (v) certified copies of resolution(s) by Lessee's governing body, duly authorizing the Lease; (vi) an incumbency certificate dated the date of the applicable Lease Schedule for the person(s) executing the Lease and any related certifcates, documents and instruments; (vii) such documents and certificates as Lessor may request relating to federal tax - exemption of interest payable under the Lease, including (without limitation) IRS Form 8038-G or 8038-GC and evidence of the adoption of a reimbursement resolution or other official action in the event that Lessee is to be reimbursed for expenditures that it has paid more than 60 days prior to the funding of the Funding Amount; (viii) an acceptance certificate for the Equipment substantially in the form attached as Exhibit B to this Agreement (an "Acceptance Certificate"); (ix) waivers of third parties holders of interests in the real property where the Equipment will be located, as Lessor may deem necessary; and (x) such other documents reasonably requested by Lessor. (b) no Event of Default shall have occurred and be continuing under any Lease; (c) no material adverse change shall have occurred in the financial condition of Lessee; (d) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (defined herein) other than the respective rights of Lessor and Lessee as herein provided; and (e) all representations of Lessee in the Lease remain true, accurate and complete. Section 1.04 Delivery. Installation and Acceptance of Equipment. Lessee shall order the Equipment, shall cause the Equipment to be delivered and installed at the locations specified under the applicable Lease Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. The insufficiency of the Funding Amount to pay all costs of the Equipment subject to a Lease and any other costs related thereto shall not affect Lessee's obligations under this Section 1.04. When an item of Equipment described in a Lease Schedule is delivered, installed and accepted, Lessee shall promptly execute and deliver to Lessor an Acceptance Certificate for such item of Equipment. ARTICLE II TERM; RENTAL PAYMENTS Section 2.01 Term. The term of each Lease (the "Lease Term") shall commence on the Lease Date set forth in the applicable Lease Schedule and shall continue until the end of the fiscal year of Lessee in effect at such Lease Date (the "Original Term"); provided that the Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any renewal term of each Lease, each having a duration of one year and a term coextensive with Lessee's fiscal year or such earlier date specified in the Lease (each a "Renewal Term"), as specified in the Lease Schedule applicable thereto up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term, unless sooner terminated pursuant to such Lease. Section 2.02 Rental Payments. Lessee agrees to pay the rent payments ("Rental Payments") in the amounts and on the dates (each a "Payment Date") as specified in the Payment Schedule attached to each Lease Schedule. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule for each Lease. All Rental Payments shall be paid to Lessor, at such places as Lessor may from 2 Packet Pg. 340 10.A.2.d time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefor. Section 2.03 Current Expense. The obligations of Lessee, including its obligation to pay the Rental Payments due in any fiscal year shall constitute a current expense of Lessee for such fiscal year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State of Florida (the "State"). THE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE'S LEGALLY AVAILABLE REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NEITHER LESSEE, THE STATE, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE UNDER A LEASE FROM THE COMPELLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLE REVENUES APPROPRIATED BY LESSEE ON AN ANNUAL BASIS. Nothing herein shall constitute a pledge by Lessee of the full faith and credit or taxing power of the Lessee. The person or entity in charge of preparing Lessee's budget will include in the budget request for each fiscal year the Rental Payments to become due during such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. Section 2.04 Unconditional Rental Payments. Subject to Sections 2.03 and 2.05 hereof: (a) Lessee's obligation to make Rental Payments and any other payments hereunder shall be absolute and unconditional; (b) Lessee shall make such payments when due and shall not withhold any of such payments pending final resolution of any disputes; (c) Lessee shall not assert any right of set-off or counterclaim against its obligation to make such payments; (d) Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment; and (e) Lessee shall be obligated to continue to make payments required under this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. Section 2.05 Nonappropriation. If during the then current fiscal year of Lessee, sufficient funds are not appropriated to make Rental Payments required under a Lease for the following fiscal year (an "Event of Nonappropriation"), Lessee shall be deemed not to have renewed such Lease for the following fiscal year, and the Lease shall terminate at the end of the then current fiscal year, and Lessee shall not be obligated to make Rental Payments under the Lease beyond the then current fiscal year for which funds have been appropriated. Upon an Event of Nonappropriation, Lessee shall return the Equipment subject to the Lease to Lessor in accordance with the requirements of Section 10.03. Lessee shall notify Lessor in writing no later than 30 days following an Event of Nonappropriation, but failure to provide such notice shall not operate to extend the Lease Term. If Lessee fails to return the applicable Equipment or otherwise comply with Section 10.03, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of an amount equal to the Rental Payments that would thereafter have come due if the Lease had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required hereunder. Section 2.06 No Mortgage or Security Agreement. Lessor and Lessee acknowledge that this Agreement is not intended to create a mortgage of or a security interest in the Equipment. ARTICLE III PURCHASE AND PREPAYMENT Section 3.01 End of Lease Term. Lessee shall have the option to purchase all of the Equipment under a Lease upon the expiration of the Lease Term and payment in full of all Rental Payments then due and all other amounts then owing under the Lease, and the payment of $1.00 to Lessor. 3 Packet Pg. 341 10.A.2.d Section 3.02 Optional Prepayment. Lessee shall have the option to prepay its obligations under any Lease in whole, but not in part, on any Payment Date as set forth in the applicable Payment Schedule, but only if and to the extent the Lease Schedule provides for such prepayment. Lessee shall give written notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under such Lease, including the Rental Payment due on the Payment Date on which the option shall be effective, and the applicable Purchase Price set forth in the applicable Lease Schedule (the "Purchase Price"). Section 3.03 Release of Lessor's Interest. Upon timely receipt, in collected funds, of all amounts required for the purchase of the Equipment subject to any Lease pursuant to Section 3.01 or the prepayment in whole of any Lease pursuant to Section 3.02, such Lease shall terminate, all of Lessor's right, title and interest in and to the Equipment shall terminate, and Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably request to evidence the termination of the Lease and Lessor's interest in the Equipment, without warranty by or recourse to Lessor. ARTICLE IV REPRESENTATION, WARRANTIES AND COVENANTS Section 4.01 Representations and Warranties. Lessee shall be deemed to make the following representations and warranties to Lessor with respect to each Lease, in each case as of the date of such Lease: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code"), duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement, the Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and the Lease. (b) The execution and delivery of this Agreement and the Lease Schedule have been duly authorized by all necessary action of Lessee's governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement and the acquisition and financing of the Equipment by Lessee. (c) This Agreement and the Lease Schedule have been duly executed and delivered by and constitute the valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and the Lease Schedule by Lessee does not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or the Lease Schedule or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or the Lease Schedule. M Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current fiscal year, and such moneys will be applied in payment of all Rental Payments due and payable during such current fiscal year. (g) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. 4 Packet Pg. 342 10.A.2.d Section 4.02 Tax Covenants. (a) Lessee covenants and agrees that it will (i) complete and timely file an information reporting return with the Internal Revenue Service ("IRS") in accordance with Section 149(e) of the Code; (ii) not permit the Equipment to be directly or indirectly used for a private business use within the meaning of Section 141 of the Code including, without limitation, use by private persons or entities pursuant to contractual arrangements which do not satisfy IRS guidelines for permitted management contracts, as the same may be amended from time to time; (iii) invest and reinvest moneys related to each Lease from time to time in a manner that will not cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code; (iv) rebate an amount equal to excess earnings on invested Lease proceeds to the federal government if required by, and in accordance with, Section 148(f) of the Code and make the determinations and maintain the records required by the Code; and (v) comply with all provisions and regulations applicable to establishing and maintaining the excludability of the interest component of the Rental Payments under each Lease from federal gross income pursuant to Section 103 of the Code. (b) If Lessor either (i) receives notice, in any form, from the IRS; or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor and reasonably acceptable to Lessee, that Lessor may not exclude the interest component of any Rental Payment under a Lease from gross income for federal income tax purposes, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies Lessee of such determination, the amount which, with respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest component of all Rental Payments under the Lease due through the date of such event) that are imposed on Lessor as a result of the loss of the exclusion, will restore to Lessor the same after tax yield on the transaction evidenced by such Lease (assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not been lost. Additionally, Lessee agrees that upon the occurrence of such an event, it shall pay additional rent to Lessor on each succeeding Rental Payment due date in such amount as will maintain such after tax yield to Lessor. Lessor's determination of the amount necessary to maintain its after-tax yield as provided in this subsection (b) shall be conclusive (absent manifest error). ARTICLE V INSURANCE; CASUALTY AND CONDEMNATION Section 5.01 Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and its assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless otherwise specified in the related Lease Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Purchase Price. Section 5.02 Insurance Requirements. All insurance policies required by Section 5.01 shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage (including cancellation) the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each liability insurance policy shall be endorsed to name Lessor and its assigns as an additional insured party and each casualty and property insurance policy shall be endorsed to name Lessor and its assigns as loss payee, in each case regardless of any breach of warranty or other act or omission of Lessee. Lessee may self -insure against the risks described in Section 5.01 with the prior written consent of Lessor. ARTICLE VI ADDITIONAL OBLIGATIONS Section 6.01 Use and Maintenance of Equipment. Lessee shall, at its own expense, maintain the Equipment in good condition and proper working order, and shall make all necessary repairs and replacements to keep the Equipment in such condition. The Equipment will be used by Lessee only for the purpose of performing Lessee's essential governmental functions. Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any manufacturer's guidelines or in violation 5 Packet Pg. 343 10.A.2.d of any applicable law or regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses necessary for the installation and operation of the Equipment. Lessee shall have sole responsibility to maintain and repair the Equipment. Lessee shall keep (or in the case of Equipment constituting motor vehicles, house) the Equipment at the address specified in the related Lease Schedule; provided that Lessee may change the location at which any Equipment is kept (or housed) with thirty (30) days prior written notice to Lessor specifying the address of the new location. Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. If Lessor reasonably determines that Lessee is not maintaining any of the Equipment in accordance with this Section 6.01, Lessor may (in addition to any other remedies it may have) require Lessee to enter into maintenance contracts for such Equipment in form approved by Lessor and with approved providers. Section 6.02 Taxes. Lessee shall pay all taxes, assessments and other charges which are assessed or levied against the Equipment or any part thereof, during the Lease Term, whether assessed against Lessee or Lessor. With respect to any taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Equipment. Section 6.03 Modification of Equipment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. Section 6.04 Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment (each, a "Lien"), other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. Section 6.05 Financial Information. Lessee shall deliver to Lessor (i) its annual audited financial statements within 210 days after the end of each fiscal year, (ii) its annual budget for each fiscal year promptly following approval thereof, and (iii) such other financial statements and information relating to the ability of Lessee to satisfy its obligations under this Agreement and the Lease as may be reasonably requested by Lessor from time to time. Section 6.06 Advances. If Lessee shall fail to perform any of its obligations under Section 6.01, Section 6.02 or Section 6.04, or shall fail to maintain the insurance required by Article V, Lessor may (but shall not be required to) take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the Default Rate (as defined herein), from the date of the advance to the date of repayment. ARTICLE VII TITLE; NO WARRANTIES BY LESSOR Section 7.01 Title. During the Lease Term, legal title to all Equipment shall be in Lessee, subject to Lessor's interests under the applicable Lease Schedule and this Agreement. Upon an Event of Default or an Event of Nonappropriation, title shall immediately vest in Lessor, free and clear of any right, title or interest of Lessee. Section 7.02 Personal Property. The Equipment is and shall at all times be and remain personal property and not fixtures. Section 7.03 No Warranties. Lessee acquires and leases the Equipment under each Lease "As Is." Lessee acknowledges that Lessor did not manufacture the Equipment under any Lease. Lessor does not represent the manufacturer, supplier, owner or dealer, and Lessee selected the Equipment based upon Lessee's own judgment. Lessor makes no warranties, express or implied, including warranties of 0 Packet Pg. 344 10.A.2.d merchantability or fitness for a particular purpose or otherwise or as to the Equipment's value, design, condition, use, capacity or durability. Lessee agrees that regardless of cause, Lessor is not responsible for, and Lessee will not make any claim against Lessor for, any damages, whether consequential, direct, special or indirect incurred by Lessee in connection with the Equipment under any Lease. Neither the manufacturer, supplier or dealer nor any salesperson, employee or agent of the manufacturer, supplier or dealer is Lessor's Agent or has any authority to speak for Lessor or to bind Lessor in any way. For and during the Lease Term under each Lease, Lessor assigns to Lessee any manufacturer's or supplier's product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's sole expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor for the benefit of the Lessee in accordance with Lessee's specifications from suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or supplier's product warranties or guaranties, (d) no manufacturer or supplier or any representative of said parties is an agent of Lessor, (e) any warranty, representation, guaranty or agreement made by any manufacturer or supplier or any representative of said parties shall not be binding upon Lessor, and (f) the Lessor shall cause the supplier to identify the Lessee as an intended beneficiary of its warranty, if any. ARTICLE VIII RISK OF LOSS; CASUALTY Section 8.01 Risk of Loss. As between Lessee and Lessor, Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole or in part for any reason whatsoever. No loss to any Equipment shall relieve Lessee from the obligation to make any Rental Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's obligations under this Article VIII. Section 8.02 Notice of Loss. If a casualty occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same. Section 8.03 Application of Proceeds. If Lessor determines that any item of Equipment has suffered a casualty loss that is beyond repair, then Lessee shall either: (a) immediately replace such Equipment with similar equipment in good repair, condition and working order free and clear of any liens and deliver to Lessor a purchase order, bill of sale or other evidence of sale to Lessee covering the replacement equipment, in which event such replacement equipment shall automatically be Equipment under the applicable Lease, or (b) on the next scheduled Payment Date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the Rental Payment due on such date, plus (ii) an amount equal to the applicable Purchase Price under the applicable Lease. If Lessee makes such payment with respect to less than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the Purchase Price to be paid by Lessee with respect to the such Equipment. Section 8.04 Claims and Expenses. Lessee shall bear the risk of loss for, shall pay directly and shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorneys' fees), damages or losses which arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the gross negligence or willful misconduct of Lessor. ARTICLE IX ASSIGNMENT Section 9.01 Assignment by Lessor. Lessor may assign its rights, title and interest in and to any Lease and any Equipment, and/or may grant or assign a security interest in any Lease and the Equipment, in whole or in part, to any party at any time and from time to time without Lessee's consent. Any such 7 Packet Pg. 345 10.A.2.d assignee or lien holder (an "Assignee") shall have all of the rights of Lessor under the applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in writing, any such assignment transaction shall not release Lessor from any of Lessor's obligations under the applicable Lease. An assignment or reassignment of any of Lessor's right, title or interest in a Lease and the Equipment shall be enforceable against Lessee only after Lessee receives a written notice of assignment that discloses the name and address of each such Assignee. Lessee shall keep a complete and accurate record of all such assignments in the form necessary to comply with Section 149(a) of the Code. Lessee agrees to acknowledge in writing any such assignments if so requested. Section 9.02 Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE X EVENTS OF DEFAULT; REMEDIES Section 10.01 Events of Default. The occurrence of any of the following events with respect to a Lease shall constitute an Event of Default under a Lease: (a) Lessee's failure to pay any Rental Payment or other amount required to be paid to Lessor under the Lease within ten (10) days following the due date thereof, other than by reason of an Event of Nonappropriation; (b) Lessee's failure to maintain insurance as required herein; (c) With the exception of the above clauses (a) or (b), Lessee's failure to perform or abide by any condition, agreement or covenant with respect to the Lease for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration; (d) Any statement, representation or warranty made by Lessee in the Lease or in any writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or erroneous in any material respect as of the time when made; or (e) (i) Lessee's long term credit or bond rating is lowered by either Moody's Investors Service or Standard & Poor's Rating Services (each a "Rating Agency") by more than three levels (including numeric or other modifiers) from its rating as of the date of this Agreement, respectively, or (ii) Lessee's credit or bond rating is withdrawn by any Rating Agency; (f) Lessee shall be in default under any other Lease or under any other financing agreement executed at any time with Lessor or its affiliates; or (g) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization, moratorium or insolvency proceeding; or (h) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for the Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days. 0 Packet Pg. 346 10.A.2.d Section 10.02 Remedies on Default. Upon the occurrence of any Event of Default with respect to a Lease, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the following remedies with respect to the Lease: (a) Lessor, with or without terminating the Lease, may declare all Rental Payments payable under the Lease to the end of the then -current fiscal year of Lessee to be immediately due and payable by Lessee, whereupon such Rental Payments shall be immediately due and payable. (b) To the extent permitted by law, Lessor may terminate the Lease and by written notice to Lease request Lessee to deliver the Equipment in the manner provided in Section 10.03. Lessor may thereafter dispose of the Equipment. If Lessor terminates the Lease and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs and expenses (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all costs and expenses incurred in completing the disposition of the Equipment; (iii) any sales or transfer taxes incurred in the disposition of the Equipment; (iv) any Rental Payments payable under the Lease to the end of the then -current fiscal year of Lessee; (v) the outstanding principal component of Rental Payments under the Lease; and (vi) any other amounts then due under the Lease. Any disposition proceeds remaining after the requirements of clauses (i), (ii), (iii), (iv), (v) and (vi) have been met shall be paid to Lessee. No deficiency shall be allowed against Lessee, except with respect to any unpaid Rental Payments to the end of the then -current fiscal year of Lessee and unpaid costs and expenses incurred by Lessor in connection with the repossession and disposition of the Equipment. (c) Lessor may exercise any other remedy available, at law or in equity, with respect to such Event of Default. Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in exercising any remedy hereunder. Section 10.03 Return of Equipment; Release of Lessee's Interest. Upon termination of any Lease prior to the payment of all Rental Payments or the applicable Purchase Price (whether as result of an Event of Nonappropriation or Event of Default) thereunder, Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Section 6.01; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; (c) return such Equipment to a location in the continental United States specified by Lessor, freight and insurance prepaid by Lessee; and (d) comply with any additional return conditions specified in the Lease Schedule. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership to Lessor and termination of Lessee's interest in the Equipment. With respect to any provision of the Agreement requiring Lessee to return all or any portion of the Equipment to Lessor or to transfer title to all or any portion of the equipment to Lessor, Lessee agrees to voluntarily do so. In the event that Lessee fails or refuses to return or transfer the Equipment or title thereto voluntarily as set forth above, Lessor acknowledges that the Agreement does not and shall not create a right in Lessor to involuntarily dispossess Lessee of title to or possession of all or any item of the Equipment. In lieu of such right Lessor shall be entitled to and Lessee agrees to pay to Lessor immediately, but only from legally available funds from sources other than ad valorem taxes, the Purchase Price, plus any Rental Payments accrued and unpaid as of the date of such payment. Section 10.04 Late Charge. To the extent permitted by applicable law, Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at a rate equal to the publicly announced prime lending rate of TD Bank, N.A. at the time of the event of default, plus 6% per annum, or the maximum amount permitted by law, whichever is less (the "Default Rate"), from such date. Section 10.05 No Remedy Exclusive. Each of the rights and remedies under this Agreement and each Lease is cumulative and may be enforced separately or concurrently. No course of dealing or conduct between Lessor and Lessee shall be effective to amend, modify or change any provisions of this Agreement or any Lease. No failure or delay by Lessor to insist upon the strict performance of any term, covenant or 0 Packet Pg. 347 10.A.2.d agreement of the Agreement or any Lease, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Lessor from exercising any such right, power or remedy at any later time or times. Section 10.06 Costs and Attorneys' Fees. Upon the occurrence of an Event of Default, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts payable hereunder, all of Lessor's costs of collection, including reasonable attorneys' fees, whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid, and shall bear interest at the Default Rate. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial and on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notices. All written notices to be given under this Agreement shall be given (a) personally, (b) by mail in registered or certified form, with postage prepaid, or (c) by overnight courier, charges prepaid, in each case to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time, and to any assignee at its address as it appears on the registration books maintained by Lessee. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail, 24 hours after deposit with a courier, or, if given by other means, when delivered. Section 11.02 Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means, with respect to a Lease, any person or entity to whom Lessor has assigned its right to receive Rental Payments under such Lease. Section 11.03 Severability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.04 Entire Agreement; Amendments. Each Lease constitutes the entire agreement of the parties with respect to the subject matter thereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. Each Lease may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Section 11.05 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or clauses hereof. Section 11.06 Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required to perfect, confirm, establish, reestablish, continue or complete the interests of Lessor in this Agreement and each Lease, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and each Lease. Section 11.07 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 11.08 Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Lease 10 Packet Pg. 348 10.A.2.d Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maximum amount permitted by applicable law. Any such excess interest or fees shall first be applied to reduce principal, and when no principal remains, refunded to Lessee. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest shall be spread through the applicable Lease Term so that the interest is uniform through such term. Section 11.09 Waiver of Jury Trial. To the extent permitted by applicable law, Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. Section 11.10 USA Patriot Act Compliance Notification. Lessor hereby notifies Lessee that pursuant to the requirements of the USA PATRIOT Act (the "Patriot Act"), it is required to obtain, verify and record information that identifies Lessee, which information includes the name and address of Lessee and other information that will allow Lessor to identify Lessor in accordance with the Patriot Act. Lessee shall, promptly upon Lessor's request, provide all documentation and other information that Lessor requests in order to comply with its ongoing obligations under applicable "know your customer" and anti -money laundering rules and regulations, including the Patriot Act. Section 11.11 Relationship of Parties. Lessee acknowledges and agrees that (i) this Agreement and each Lease and the transactions related thereto is an arm's-length commercial transaction between Lessor and Lessee, (ii) in connection therewith and with the discussions, undertakings, and procedures leading up to the consummation of this transaction, Lessor is and has been acting solely as a principal and is not acting as the agent, advisor or fiduciary of Lessee, (iii) Lessor has not assumed an advisory or fiduciary responsibility in favor of Lessee with respect to the transactions contemplated hereby or the discussions, undertakings, and procedures leading thereto (regardless of whether Lessor or any affiliate thereof has provided other services or is currently providing other services to Lessee on other matters) and Lessor has no obligation to Lessee with respect to the transactions contemplated hereby except the obligations expressly set forth in this Agreement and any Lease, and (iv) Lessee has consulted its own legal, financial, and other advisors to the extent it has deemed appropriate. [The remainder of this page is intentionally blank. Signature page follows.] 11 Packet Pg. 349 10.A.2.d IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. ST. LUCIE COUNTY Lessee By: _ Name: Title: TD EQUIPMENT FINANCE, INC. Lessor By: _ Name: Title: Address: Address: [Signature Page to Master Lease Purchase Agreement] Packet Pg. 350 10.A.2.d EXHIBIT A LEASE SCHEDULE NO. to Master Lease Purchase Agreement Dated [DATE] This Lease Schedule (this "Lease Schedule") relates to the Master Lease Purchase Agreement dated as of [Date] (the "Agreement") between the undersigned Lessor and Lessee, together with the terms and conditions of the Agreement incorporated herein by reference, constitutes a Lease. Unless otherwise defined herein, capitalized terms will have the same meaning ascribed to them in the Agreement. All terms and conditions of the Master Lease are incorporated herein by reference. 2. Equipment Description. As used in the Lease, "Equipment" means all of the property described in Exhibit 1 attached to this Lease Schedule and all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. Funding Amount. The Funding Amount for the Equipment is $_ to Lessee or its designees pursuant to Lessee's written direction. which amount paid 3. Rental Payments; Lease Term. The Rental Payments to be paid by Lessee to Lessor, the Lease Date of this Lease and the Lease Term of this Lease are set forth on the Payment Schedule attached to this Lease Schedule as Exhibit 2. 4. Purchase Price. As used herein, (i) "Purchase Price" means the greater of (i) % of the outstanding principal balance of the Rental Payments and (ii) the outstanding principal balance of the Rental Payments plus the Yield Maintenance Fee, and (ii) "Yield Maintenance Fee" means an amount equal to (i) the outstanding principal amount of the Rental Payments multiplied by (ii) the Interest Rate minus the bond equivalent yield for United States Treasury securities with a maturity date closest to the remaining Lease Term, and multiplied by (iii) the number of days in remaining in the Lease Term and divided by 360. 5. Essential Use; Current Intent of Lessee. Lessee represents that (a) the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens, (b) the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority and will not be used in a trade or business of any person or entity, and (c) the useful life of the Equipment is not less than the stated full Lease Term of this Lease. Lessee has determined that a present need exists for the Equipment which need is not temporary or expected to diminish in the near future. Lessee currently intends for the full Lease Term: to use the Equipment; and to continue this Lease. 6. Representations. Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement are true and correct as though made on the date of execution of this Lease Schedule. 7. [Bank Qualified. Lessee certifies that it has designated this Lease as a qualified tax-exempt obligation in accordance with Section 265(b)(3) of the Code, that it has not designated more than $10,000,000 of its obligations as qualified tax-exempt obligations in accordance with such Section for the current calendar year and that it reasonably anticipates that the total amount of tax-exempt obligations to be issued by Lessee during the current calendar year will not exceed $10,000,000.] Packet Pg. 351 10.A.2.d IN WITNESS WHEREOF, Lessor has caused this Lease Schedule to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Lease Schedule to be executed in its name by its duly authorized officer. ST. LUCIE COUNTY Lessee By: _ Name: Title: Address: TD EQUIPMENT FINANCE, INC. Lessor By: _ Name: Title: Address: Packet Pg. 352 10.A.2.d Exhibit 1 C W E Q. .3 a Equipment Description w C r 3 The Equipment consists of the following: E d m L Q N R N J C N E W N 17 CO O N W Q' N J r N LL W H C N E N d L Q N R t V L IL aD m J L N R 2 Packet Pg. 353 10.A.2.d Lease Date: , 20 Interest Rate: Payment Date Total Payment Schedule Principal Interest Rental Payment *After payment of Rental Payment on corresponding Payment Date. Exhibit 2 Outstanding Balance* Packet Pg. 354 10.A.2.d Form of ACCEPTANCE CERTIFICATE TD Equipment Finance, Inc. 1006 Astoria Blvd. Cherry Hill, NJ 08003 EXHIBIT B Re: Lease Schedule No. _ dated [DATE] (the "Lease Schedule") to that certain Master Lease Purchase Agreement dated as of March _, 2018 (the "Agreement" and together with the Lease Schedule, the "Lease") between TD Equipment Finance, Inc., as Lessor, and St. Lucie County, as Lessee Ladies and Gentlemen: I, the undersigned, hereby certify that I am the duly qualified and acting officer of Lessee identified below and, with respect to the above -referenced Lease Schedule, that: 1. The Equipment subject to the Lease Schedule and the Lease has been delivered and installed, is in good working order and is fully operational and has been fully accepted by Lessee on or before the date hereof. 2. Attached hereto are true and correct copies of the manufacturers' and dealers' invoices for the Equipment. 3. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current fiscal year of Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during such current fiscal year. 4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Lease) exists at the date hereof. Date: ST. LUCIE COUNTY Lessee By: _ Name: Title: Packet Pg. 355 10.A.3 ITEM NO. (ID # 5064) AGENDA REQUEST TO: Board of County Commissioners DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Permission to Advertise - Ordinance Scheduling a Referendum Election on November 6, 2018 for a Proposed 0.5 Percent Local Government Infrastructure Surtax BACKGROUND: The County Administrator has discussed with the Board the need for a proposed 0.5 percent infrastructure surtax. Proceeds from the proposed surtax, if approved, would be used to improve public roads, reduce traffic congestion, reduce neighborhood flooding, improve local water quality and other similar uses. Implementation of the proposed surtax requires that the Board adopt an ordinance that directs the Supervisor of Elections to schedule a referendum election to allow the qualified electors of the County to vote on the levy of the proposed surtax. It is anticipated that the Cities and the Village will adopt resolutions requesting that the Board adopt an ordinance for a period of ten (10) years. In this regard, attached is a draft ordinance that, if adopted, would direct the Supervisor of Elections to hold a referendum election on November 6, 2018 on the ballot question set out in the draft ordinance. If approved by the voters on November 6, the proposed surtax would be effective for ten (10) years beginning January 1, 2019. The proceeds would be distributed to the County and municipalities pursuant to the formula set out in Section 218.62, Florida Statutes. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing on Tuesday April 3, 2018 at 6:00 p.m. COMMISSION ACTION: Packet Pg. 356 10.A.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/7/2018 updated: 3/6/2018 3:39 PM by Stephanie Bush Page 2 Packet Pg. 357 10.A.3.a ORDINANCE NO. 18-XXX AN ORDINANCE LEVYING A LOCAL GOVERNMENT INFRASTRUCTURE 0.5 PERCENT SURTAX ON CERTAIN TRANSACTIONS OCCURRING WITHIN ST. LUCIE COUNTY FROM WHICH TAXES ARE PAYABLE TO THE STATE OF FLORIDA UNDER THE PROVISIONS OF CHAPTER 212, FLORIDA STATUTES; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL NOT BE EFFECTIVE UNLESS APPROVED AT A REFERENDUM ELECTION; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE BEGINNING JANUARY 1, 2019 AND ENDING ON DECEMBER 31, 2028; PROVIDING FOR DISTRIBUTION AMONG THE GOVERNMENTS OF ST. LUCIE COUNTY AND ELIGIBLE MUNICIPALITIES PURSUANT TO LAW; DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A REFERENDUM ELECTION ON NOVEMBER 6, 2018; PROVIDING BALLOT LANGUAGE AND A BRIEF DESCRIPTION OF CAPITAL PROJECTS; PROVIDING FOR A DEFINITION OF INFRASTRUCTURE; DIRECTING THE CLERK OF CIRCUIT COURT TO ADVERTISE THE REFERENDUM ELECTION IN ACCORDANCE WITH LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR CODIFICATION. WHEREAS, Section 212.055(2), Florida Statutes authorizes St. Lucie County to impose a sales infrastructure surtax upon most taxable transactions occurring within St. Lucie County and taxable under Chapter 212 of the Florida Statutes; and, WHEREAS, such surtax may be imposed at a rate of 0.5 percent for transactions which are subject to the state tax imposed under the provisions of Chapter 212, Florida Statutes; and, WHEREAS, a 0.5 percent surtax would, under current State sale tax rates, result in a 0.5 percent surtax on each one dollar ($1.00) sale; and, WHEREAS, funds generated by the local government infrastructure surtax authorized by Section 212.055(2), Florida Statutes (2017), shall be utilized by the St. Lucie County and its municipalities to finance, construct, reconstruct, maintain, repair and improve public infrastructure including long term capital maintenance and useful life extension of public infrastructure projects such as new and improved sidewalks near schools, roadway improvements including expansion and major resurfacing, reducing traffic congestion, local flood control and improving water quality and such other similar uses authorized under Florida law for the use and benefit of the citizens of the County; WHEREAS, a sales tax is levied on all sales to non-residents and residents alike within St. Lucie County and, a significant portion of the infrastructure surtax will be paid by non -permanent residents such as short term and seasonal visitors ("Non -Permanent Residents"). It is estimated that 15-20% of all surtax revenue in St. Lucie County is paid by Non -Permanent Residents; WHEREAS, this is fair and equitable as Non -Permanent Residents contribute significantly to road congestion and wear and tear on roadways and other public infrastructure; 1 Packet Pg. 358 10.A.3.a WHEREAS, since such infrastructure projects have a long useful life and funding would be costly to the current citizens of the County, it is fair and equitable that the current and future Non -Permanent Residents who will also benefit from such infrastructure improvements share in the cost of these projects; WHEREAS, the infrastructure surtax will allow the St. Lucie County and its municipalities to use current fiscal and monetary resources for other existing and needed municipal services; WHEREAS, the revenue generated by the infrastructure surtax will be allocated pursuant to State law guaranteeing the St. Lucie County and its municipalities with a specified share of the revenue generated by this tax; WHEREAS, the revenue generated by the infrastructure surtax can be used for matching state and federal funds to generate significantly more funding for infrastructure projects in the County; WHEREAS, adequate public infrastructure facilities of the types hereinabove described promote the safe, efficient, and uninterrupted provision of numerous general and essential public services provided by the St. Lucie County and its municipalities including but not limited to roadways, flood control, pedestrian safety and water quality; WHEREAS, the St. Lucie County and its municipalities recommend that a citizens' oversight committee should be established by the Cities of the County to routinely review projects funded by the infrastructure surtax that will issue reports to the County to insure transparency and to provide the citizens of the County with the assurance that funds are being spent in the manner approved by the voters; WHEREAS, a brief general description of the projects to be funded is set forth in the ballot language contained in this ordinance; and, WHEREAS, St. Lucie County and its municipalities are presently without sufficient revenues to pay for improving local roads, reducing traffic congestion, improving public safety, improving local water quality, and other similar uses to adequately serve the needs of the County; and, WHEREAS, adequate infrastructure promotes safe, efficient and uninterrupted provision of services in St. Lucie County; and, WHEREAS, Section 212.055(2), Florida Statutes, requires voter approval in a referendum election prior to imposition of the discretionary sales surtax. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE VI "DISCRETIONARY SALES SURTAX" IS HEREBY CREATED AND ADDED TO CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: 91 Packet Pg. 359 10.A.3.a SECTION 42-240 AUTHORIZATION. This ordinance is authorized by Section 212.055(2), Florida Statutes as amended and other applicable law. SECTION 42-241 PURPOSE. The levy herein of the discretionary sales surtax is to serve the public purpose of providing and making available to St. Lucie County and the eligible municipalities therein funds to finance, plan and construct infrastructure for any or all of the following public needs: improving local roads, reducing traffic congestion, improving public safety, improving local water quality, and other similar uses authorized by Florida law. The proceeds of the discretionary sales surtax may be pledged for the purpose of paying principal and interest on bonds issued to finance the foregoing infrastructure. The sales surtax proceeds shall not be used to supplant or replace user fees or to reduce ad valorem taxes existing prior to the levy of this surtax. Neither the proceeds of the sales surtax nor any interest accrued thereto shall be used for operational expenses of the County or the municipalities. SECTION 42-242 DEFINITION. Infrastructure shall have the meaning set out in Section 212.055(2)(d)1, Florida Statutes, as amended. SECTION 42-243 LEVY OF DISCRETIONARY SALES SURTAX. There is hereby levied a 0.5 percent sales surtax upon any tax paid to the State of Florida pursuant to Chapter 212, Florida Statutes, which resulted from a taxable transaction occurring within St. Lucie County; provided, however, that the surtax shall not apply on the sales amount above $5,000.00 on an item of tangible personal property and on prepaid calling arrangements as defined in Section 212.05(1)(e)1a unless the statutory exemption amount set forth at Section 212.054(2)(b), Florida Statutes, is amended in which case the amended exemption amount, if any, shall be utilized in lieu of the exemption amount stated herein. SECTION 42-244 DISTRIBUTION OF SURTAX. In accordance with Section 212.055(2)(c), Florida Statutes, proceeds of the sales surtax hereby imposed shall be divided and distributed among the County government and eligible municipalities based upon interlocal agreement or in the absence of Interlocal agreement, by the formula provided in Section 218.62, Florida Statutes. SECTION 42-245 REFERENDUM ELECTION. (1) The sales surtax levied in Section 42-243 of this ordinance shall not take effect unless and until approved by a majority of the qualified electors of the County voting in a county -wide referendum election on the surtax. 3 Packet Pg. 360 10.A.3.a (2) The Supervisor of Elections of St. Lucie County is hereby directed to hold the referendum election on November 6, 2018, on the levy of a discretionary 0.5 percent sales surtax. (3) The Supervisor or Elections of St. Lucie County shall cause the ballot question substantially in the following form to be placed on the ballot: OFFICIAL BALLOT HALF -CENT LOCAL GOVERNMENT SURTAX To provide for projects to improve local roads, reduce traffic congestion, improve local water quality, reduce neighborhood flooding and similar uses under Florida law and to seek matching funds for these purposes, shall St. Lucie County levy a half -cent sales tax, for ten years, with expenditures subject to review by an independent citizens committee ensuring that all dollars are spent fairly throughout Port St. Lucie, Fort Pierce, St. Lucie Village and St. Lucie County? FOR THE 0.5 CENT SALES TAX AGAINST THE 0.5 CENT SALES TAX (4) The Referendum election shall be held at the polling places designated in each precinct in St. Lucie County and be conducted by election officials duly appointed by applicable general law. The polls will be open at the voting places from 7:00 a.m. to 7:00 p.m. on November 6, 2018. Absentee voting shall be permitted upon compliance with applicable law. (5) The County is hereby authorized to take all actions necessary, to include but not limited, adoption of subsequent motions, resolutions and notices to place this issue for referendum and to carry out the intent of this ordinance. SECTION 42.246 ADVERTISEMENT. The Clerk of Circuit Court shall insure that notice of this referendum shall be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chairman of the Board of County Commissioners for St. Lucie County. PART B. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. 4 Packet Pg. 361 10.A.3.a The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. (A) The tax levied hereby shall be effective from January 1, 2019 through December 31, 2028, if approved in the referendum election to be held on November 6, 2018. (B) This ordinance shall take effect upon filing with the Secretary of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PART F. CODIFICATION. Upon approval by the electors of the tax imposed by this ordinance, provisions of this ordinance shall be incorporated in the Code of Ordinance of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through F shall not be codified. ATTEST: PASSED AND DULY ADOPTED this day of 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair 67 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 362 10.A.4 ITEM NO. (ID # 5088) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY Indian River Estates Stormwater Improvements Phase II - Proposed Settlement Offer for Fountain Engineering Inc. The Indian River Estates (IRE) Phase II project is the construction of a Stormwater Conveyance System within the Indian River Estates subdivision that connects to the existing pump station. The Project included, but was not limited to, the installation of pipes and catch basins. The Indian River Estates Stormwater Improvements Phase II project was federally funded to $6,246,147.00 through the Hazard Mitigation Grant Program (HMGP) with Florida Department of Emergency Management (FDEM). The County has received 75% of the funding ($4,684,610.00) in the form of a Federally Funded Sub -Grant Agreement. The local match of 25% is $1,561,537.00 was funded from Drainage Maintenance MSTU Reserves. The difference between grant funding and the actual construction value, or $306,421.00, came from Stormwater Reserves. On April 2, 2012, bids were opened for the project. Sixty-four bid packages were distributed and eight bids were received. The lowest responsive, responsible bidder was Fountain Engineering, Inc., of Miami ("FEI") in the amount of $6,552,568.00. On or about May 1, 2012, the County and FEI entered into a written contract for construction of stormwater improvements known as Indian River Estates Stormwater Improvements - Phase II (hereinafter "FEI Contract"). The FEI Contract obligated FEI as the contractor for the construction of a Stormwater Conveyance System in accordance with the plans and specifications. The Contractor's Surety, Hanover Ins. Co. ("Hanover"), issued a corresponding Public Bond for the Project. The County also entered into a contract with Dunkelberger Engineering ("Dunkelberger") to perform construction engineering/inspection services and contract administration during the project. During the course of the Project, FEI did not maintain the Project schedule and other agreed upon schedules, and did not perform its work promptly and diligently. FEI also did not timely pay subcontractors and suppliers. Despite its efforts, FEI did not achieve the contractually required substantial completion or final completion. The County continued to use efforts to supplement CEI services, and FEI was given additional time to complete the project; however, despite the County's efforts FEI failed to perform. In January, 2015 the County terminated FEI and notified FEI's surety, Hanover. On Packet Pg. 363 10.A.4 or about the time of the termination, FEI stopped working on the project. Following FEI's termination, FEI further refused to produce a complete set of as -built plans for the County to use as the basis for developing the scope of the repair work necessary in order to bid out the balance of the Project for completion. On March 3, 2015, the Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project in accordance with the approved plans. The Board also approved a work authorization with Culpepper & Terpening ("C&T") to complete the as -built plans that were not provided by FEI as required under FEI's contract. The as -built plans verify the work in place as built by the Contractor FEI. The as -built plans, as completed by C&T, reflect that FEI failed to construct substantial portions of the Project in accordance with the permitted plans. The County requested that FEI perform this remedial work and FEI refused to perform. The County further demanded that Hanover reimburse the County for all expenses incurred and to be incurred in the remediation of the Project as a result of FEI's refusal to perform, and Hanover refused to perform under the Bond. However, at the recommendation of the Engineer of record, the County proceeded to bid out the remedial and completion work on an emergency basis. At Hanover's request, the County obtained a fourth extension from the federal/state grant agencies because of FEI's failure to construct the project in accordance with the approved plans and other contract documents. Fortunately the granting agencies approved an extension of the grant through December 24, 2015. The emergency bids were ultimately received on July 30 and July 31, 2015. Because of the extent and magnitude of the remedial and completion work, the County was forced to separate the bids into "North" phase and a "South" phase. The low bid for the North phase was submitted by Melvin Bush Construction, Inc. in the amount of $839,648.70. The low bid for the South phase was submitted by PRP Construction Group in the amount of $1,015,777.40. Litigation Discussion: The County has taken great efforts to attempt to resolve this matter. The County has not only met with FEI on several occasions, but has also met at least twice with representatives of Hanover in an effort to resolve the dispute. In turn, Hanover filed an action in federal court against the County. The federal judge ordered the parties to mediation. As indicated above, Hanover and the County attended a mediation session on October 19. FEI was not present at the mediation and it is County staff's understanding that FEI is no longer in business. At the mediation the parties were able to achieve a settlement subject to approval by the Board of County Commissioners. The settlement provides that Hanover pay the County a total of $100,000.00 (and the County was allowed to keep FEI retainage of — $303,000) in return for a release from the County as to Hanover and as to those claims Hanover took an assignment of on behalf of FEI. The release does not release FEI from the balance of the claims. In fact, the settlement protects the County's right to sue FEI for matters which may be covered by any policies of insurance which may provide coverage for any claims of damages on the Project. Hanover aggressively defended the claims against the public bond in the federal litigation on the basis that Dunkelberger, as the County's agent, failed to properly inspect the work and allowed substantial "patent" defects in the work to go uncorrected. Hanover also alleged that Dunkelberger approved pay Updated: 3/19/2018 3:58 PM by Stephanie Bush Page 2 Packet Pg. 364 10.A.4 requests for FEI where FEI's work did not comply with the plans. Under Hanover's theory, Dunkelberger's actions (or inactions) greatly exacerbated the extent of the claim that (according to Hanover) would have otherwise been relatively minor. Hanover also argued that the County's decision to terminate FEI's contract for convenience potentially limited Hanover's liability under the bond. It appears that Dunkelberger may have breached its standard of care under its contract with the County by failing to adequately administer the project, including but not limited to, failing to properly inspect the work and failing to ensure the work performed met the plans and specifications and in accepting FEI's work and approving pay requests for FEI where FEI's work did not comply with the plans. On November 3, 2015, the Board approved the proposed settlement agreement with Hanover and granted permission to sue Fountain and Dunkelberger. In December 2015, an Amended Complaint was filed against Fountain and Dunkelberger. A jury trial is currently scheduled in mid -June of this year. A second mediation in the case is scheduled for late March, 2018. In advance of the second mediation, the County's special counsel has suggested that a settlement demand from the County to FEI would help set a reserve and get the appropriate review by the insurance adjusters for the insurance company that provided insurance coverage for FEI. In analyzing a settlement offer or in attempting to determine an appropriate settlement demand it is helpful to review a "best case - worst case" scenario. In the "worst case" a jury would award the County $0 in its claim against FEI. In that event the County would be responsible for payment of FEI's attorneys' fees and costs which are estimated to be $130,000.00. In a "best case" scenario a jury would award the County the full amount sought, plus attorneys' fees, costs and interest which, in this case, is approximately $3,600,000.00. It is difficult to predict what a jury would do in this case. The facts and legal arguments may be somewhat confusing to the jurors. In addition there are multiple defendants which could add to the confusion. Therefore, County staff suggests that the Board consider making a demand that is less than the full value of the claim. County staff requested that the County's special counsel provide a recommendation as to the amount of the settlement demand. The amount recommended for the settlement demand is $2,500,000.00. PREVIOUS ACTION: On March 6, 2018, the Board voted 4-0 to reject a $100,000.00 settlement proposal from defendant Fountain Engineering Inc. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve a settlement demand against Fountain Engineering Inc. in the amount of $2,500,000.00. COMMISSION ACTION: Updated: 3/19/2018 3:58 PM by Stephanie Bush Page 3 Packet Pg. 365 10.A.4 Coordination/Signatures Danie S. McIntyre, county ttorney 3/13/2018 Updated: 3/19/2018 3:58 PM by Stephanie Bush Page 4 Packet Pg. 366 10.A.5 ITEM NO. RES-2018-43 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Solid Waste Tipping (Disposal) Fees DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY The County owns and operates a solid waste facility located at 6120 Glades Cut -Off Road. In 2016 the Board adopted Resolution No. 16-035, which established the tipping (disposal) fees and charges that the County bills and collects for receiving, processing, disposing and managing of solid waste and recyclable materials. Resolution No. 16-035 was amended by Resolution Nos. 17-109 and 17-171. Attached is a copy of a draft Resolution which, if adopted, would: (a) revise the tipping fees for waste tires, (b) revise the tipping fees for construction and demolition debris, and (c) create separate tipping fees for land clearing debris. All of these changes will take place on May 1, 2018. The tipping fees for tires and construction and demolition debris need to be increased to cover the County's costs for handling these materials. A separate fee is being proposed for land clearing debris (e.g., large pieces of woody material) because land clearing debris is more expensive to handle and process than typical yard trash. In November 2017 the County began processing vegetative debris with the County's staff. This approach enabled the County to keep its tipping fee for yard waste at $26 per ton. The vegetative debris delivered by the County's exclusive residential hauler is small enough in size that it can be processed in a grinder that the County owns. With the economy continuing to improve, construction and land clearing activities have increased at a rapid pace. Land clearing debris includes stumps and root balls, which cannot be processed in the County's grinder, unless the large pieces of wood are pre-processed with a shear to reduce the size of the material before it is placed in the grinder. Pre-processing with a shear requires more equipment and an additional staff member, thus increasing the cost of handling the land clearing debris. Since land clearing debris costs more to process than typical yard waste, staff believes the Board should create separate tipping fees for land clearing debris. PREVIOUS ACTION: Packet Pg. 367 10.A.5 N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: Coordination/Signatures anie . McIntyre, Xmy ttorney 3/13/2018 MS'r'k 5 er ee, Dep�E County ministrat 3/14/2018 updated: 3/9/2018 2:16 PM by Katrina Slay Page 2 Packet Pg. 368 1O.A.5.a RESOLUTION NO. 18-XXX A RESOLUTION ESTABLISHING CERTAIN FEES, CHARGES, AND BILLING PROCEDURES CONCERNING THE USE OF THE ST. LUCIE COUNTY GLADES ROAD LANDFILL AND ASSOCIATED FACILITIES; REPEALING AND SUPERSEDING RESOLUTION NO. 16-035, AS AMENDED BY RESOLUTIONS NO. 17-109 and 17-171; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), finds: 1. The County owns and operates a solid waste management facility ("Facility") located at 6120 Glades Cut -Off Road in the City of Fort Pierce, Florida. The County's Facility includes a Class I landfill, a disposal area for construction and demolition debris, a recycling center, and related facilities that are used for processing, recycling, and disposing of various types of solid waste, including yard waste and waste tires. 2. Resolution No. 16-035 established the "tipping fees" (i.e., disposal fees) and charges that the County bills and collects for receiving, processing, disposing of or otherwise managing various types of solid waste and recyclable materials at the County's Facility. Resolution No. 16-035 was amended by Resolutions No. 17-109 and 17-171. The Board now wishes to (a) revise the tipping fees for waste tires, (b) revise the tipping fees for construction and demolition debris, and (c) create separate tipping fees for land clearing debris. All of these changes will take effect on May 1, 2018. 3. The fees, charges, and billing procedures established in Section A, below, are reasonable and appropriate — i.e., the rates fairly compensate the County for the services it provides when receiving, processing, disposing of, and otherwise managing solid waste and recyclable materials at the County's Facility. The fees, charges, billing procedures, and other provisions set forth in Sections A, B, C, and D, below, are necessary for the protection of the public health, safety, and welfare, and thus they are in the public interest. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the following fees, charges, and other provisions concerning the use of the County's Facility are hereby approved and adopted: SECTION A: 1. Minimum fees for disposal of all solid waste. Packet Pg. 369 10.A.5.a a. Automobiles and utility vehicles: Regular fee $2.50 per load Uncovered/Unsecured $5.00 per load b. Vans, trucks, including open bed pick-up trucks, trailers: Regular fee $4.50 per load Uncovered fee/Unsecured $9.00 per load C. Recovered screened material $2.50 per load NOTE: To qualify for this rate, the recovered screened material must be generated when recycling construction and demolition debris and the recovered screened material must be suitable for use as initial daily cover in the County's Class I landfill, as determined by the County's Solid Waste Director. 2. Tonnage rates, applicable to all loads that are larger than the minimum sizes described in Section A.1, above. a. Class I waste — all solid waste, except: construction and demolition debris; yard waste; tires; white goods; clean wood; special waste; spent fluorescent light bulbs; other materials for which the County has adopted a specific fee; and any solid waste or other material that cannot be disposed of in the County's Landfill under an applicable federal, state, or local law or regulation, including but not limited to hazardous waste and septage: Regular fee $41.00 per ton Uncovered fee/Unsecured $82.00 per ton b. Construction and demolition debris — discarded materials from the construction, renovation, or demolition of a structure, including associated building and packaging materials: Regular fee $32.00 per ton Uncovered fee/Unsecured $64.00 per ton C. Yard Waste — vegetative matter resulting from landscaping and yard maintenance activities on residential property: Regular fee $26.00 per ton Uncovered fee/Unsecured $52.00 per ton 2 0 Lri Commented [Ml]: c m E t U R r Q Packet Pg. 370 10.A.5.a NOTE: The fee for yard waste shall be charged when such waste is delivered by a customer pursuant to an exclusive franchise agreement with the County or a municipality located within the County. d. Land Clearing Debris — yard waste and large pieces of woody material, including trees, tree trunks, roots, root balls, and large Ibranchesl: e. f Regular fee $45.00 per ton Uncovered fee/Unsecured $90.00 per ton NOTE: The fee for Land Clearing Debris shall be charged when such debris is delivered by a customer that is not delivering the debris pursuant to an exclusive franchise agreement with the County or a municipality located within the County. Whole tires: Minimum fee $0.80 per automobile tires smaller than 20" rim size for disposal of up to 5 automobile tires Tonnage rates, applicable for disposal of more than 5 automobile tires (less than 20" rim size): Regular fee Uncovered fee/Unsecured Shredded or split tires: Regular fee Uncovered fee/Unsecured $105.00 per ton $210.00 per ton $51.00 per ton $102.00 per ton g. Large tires: all tires 20" rim size and larger including float tires, truck tires and off -road tires: Regular fee h. White goods and other appliances: Secured fee Uncovered/Unsecured fee 3 $300.00 per ton (No cover required) $2.50 per load $5.00 per load rn 0- Commented [DD2]: It is my understanding 0 Cl s rate should apply both to yard waste and to lar An pieces of material, if (a) they are delivered by S me other than the exclusive franchisee or (b) the,, aI delivered by the franchisee when the franchis C: of working pursuant to the exclusive franchise (e CL franchisee provides a special service to someoi Q' collecting land clearing debris or collecting yor re from a commercial customer). N ca O U) M ao 0 N W W W Packet Pg. 371 10.A.5.a Clean Wood: Regular fee $15.00 per ton Uncovered fee/Unsecured $30.00 per ton NOTE: Pressure treated wood and painted wood must be handled as Class I waste. Single Stream Recyclable Materials: $55.00 per ton NOTE: Single stream recyclable materials will only be accepted (1) from a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County and (2) when the County's Solid Waste Director determines it is in the public interest to accept such materials from a person or entity other than the County's exclusive franchisee. The Solid Waste Director or his designee shall determine which single stream facilities may deliver glass and the quantity that will be accepted from each facility. k. Source Seoarated Food Waste: $55.00 per ton NOTE: Source separated food waste will only be accepted from a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County. Baling and Handling Fee for Recyclables: $8.00 per ton NOTE: This rate only applies to the baling and handling of Recyclable Materials delivered by a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County. 3. Special Wastes — wastes requiring special handling including but not limited to ashes, asbestos, and contaminated soils: Regular fee $ 70.00 per ton 4 Packet Pg. 372 10.A.5.a Uncovered fee/Unsecured $140.00 per ton A minimum one ton fee will be charged for the disposal of all special wastes. 4. Spent fluorescent light bulbs: $0.20 per bulb for St. Lucie County businesses $0.40 per bulb for non -county businesses 5. Fees for weighing trucks at the Facility's scale house: Misc. Weight determination $10.00 per weighing 6. Out of County Waste: The disposal of solid waste generated outside of St. Lucie County must be approved by the Solid Waste Director or his designee. 7. Notwithstanding the other provisions contained herein, the County may charge rates that are different than the rates shown above if the different rates are authorized in a contract that has been approved and adopted by resolution of the Board. SECTION B. Municipalities and approved operators shall pay the fees specified in Section A of this Resolution on a monthly basis, following their receipt of the County's bill for the use of the County's solid waste management facility. SECTION C. All other users of the County's solid waste management facilities shall pay the fees specified in Section A of this Resolution when they deliver their solid waste or recyclable materials to the St. Lucie County Landfill, unless the user has entered into a Landfill Use Agreement with the County and posted the required security. SECTION D. Effective May 1, 2018, this Resolution shall repeal, supersede, and replace Resolution No. 16-035, as amended by Resolution 17-109 and Resolution 17-171. SECTION E. All of the rates and provisions in this Resolution shall take effect on May 1, 2018. Packet Pg. 373 1O.A.5.a After a 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 Anthony Bonna XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this 20th day of March, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 374 10.A.6 ITEM NO. (ID # 5060) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY Ardie R. Copas Veterans Nursing Home - Memorandum of Agreement with OHL-Arellano Construction Company On February 25, 2014, St. Lucie County notified the Florida Department of Veterans Affairs ("FDVA") that the County intended to submit an application to become the site for the State's seventh Veteran's Nursing Home. On September 23, 2014, Florida's Cabinet voted unanimously to approve the construction of the nursing home in St. Lucie County. Construction of the nursing home will be funded primarily through a grant from the United States Department of Veterans Affairs and matching funds from the State of Florida. As part of the application process with FDVA, the successful applicant (in this case St. Lucie County) was required to provide $500,000.00 towards the project. To date the County has paid $80,343.50 for the title insurance premium for the conveyance of the property to the State. At the request of the State, the County has also committed to paying up to $215,000.00 to Minto to construct a berm and wall. FDVA has requested that the County pay the remaining balance to OHL-Arellano Construction Company, the contractor selected by the State to construct the nursing home. Attached is a copy of a proposed Memorandum of Agreement between the County and OHL-Arellano. The Memorandum of Agreement requires the County to pay OHL-Arellano for construction work from the balance of the County's matching funds based on invoices submitted by OHL-Arellano and approved by the State of Florida Department of Management Services. Funding is available in Account Number 001- 1515-531000-100. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funding is available in Account Number 001-1515-531000-100. RECOMMENDATION: Packet Pg. 375 10.A.6 Staff recommends that the Board approve the Memorandum of Agreement and authorize the Chair to sign the memorandum. COMMISSION ACTION: Coordination/Signatures Danie . McIntyre, C my ttorney 3/19/2018 LV awu VJ j � J y Bjjer, DekAy Coutny Administrator 3/19/2018 Updated: 3/15/2018 11:26 AM by Katrina Slay Page 2 Packet Pg. 376 10.A.6.a 1 46,011 I'll, Ull� gin, AGREEMENT (this }'Agreement") Is effective fay of t 6 ;C by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, a 15,a.' ..� W: r !r*, '�` �. �. 6.4 .ia •�. 2„ E+. :s/ 1„ S ., �� i � 4 "S r? d. FDVA did not have enough land an the Site to construct the wall and berm but, solely as an accommodationto the CouW nto Is willingto construct the wall and berm on a property, which Is adjacent to the Site (the 'vMlnto Propertym), provided that all of the costs of constructlon are borne by others; and Port St. Lucie's requirement that there be a wall separating the Home from Minto's adjacent kvelopment, and MIA NUT"M WAD13C51W36093 WtoTownPark and 5t Lude County - FoVA Berm& 8uftrWd Packet Pg. 377 10.A.6.a S. Construction of tha, berm and buffer wall by Minto will directly benefit the Home and Mill tM` The representations made In the preamble are true and correct and are incorporated hereln by thIs reference form a material part r,, Agreement. ADO, rul.. :8.,i "D , e BanBwn s. BuW Well Packet Pg. 378 10.A.6.a u� •, A �) b,e` f ivy ,1, ;0e' f �9 ''` �` � �' �'. i�11 � �� I � i s '. t ,x � s. y � .., f � � f . jc� ?� t � .�^ . � • i r , —CIERJ c. Complete the construction of the berm R bufferwallwithin tenf 0 months after Effective Datei`thisAgreement!ft'` defined) plus anyextensionsY.Y. e recover time lostdue to Force i s hereinafter . t .n' •t defined). `► .y;i '� *N yl,. � 1 i., ti�i ,�� ,M f i`, �' ;i; ;�'. .,�. .Aid d,' �',. �1�.n .i�, �„r`. '6< �<.�` n ! 1°V � `; �� 4n ,. � E� £ ip Sa t`i'`p �.. �i fff�,9• .�Jl ,, OZ [�:.,, > cc a. Jpon ti- approvals, permits, consents or authorizations relating to the berm and wall, whether the same be needed from the County, the City of est, reasonably cooperate with and assist Minto In obtaining any necessa;"t ort St. Lucie, the FDVA, any environmental permitting agency, or any otheragency4' with jurisdictionrelating ,i,, the design, permitting , construction of the berm and wall, Packet Pg. 379 4FORCE MAJEURE Periods of Force Malcire may delay, but shall not relieve, Minto's (or, If the berm and buffer wall are then owned by the HOA, the ON obligation to complete con itruction and maintain the berm and buffer wall In accordance with the requirements and standards of the Tradition MPUD and to do so for so long as the berm and buffer wall are required by local low, S. ASSIGNMENT Neither part' may assign the Agreement without the prior written consent of the other party RAIA000 it To "Watt and St LuOt County — PDVA Harm & Buft'Wall I Packet Pg. 380 which may be given or withheld In the sole discretion of such party, 61 AUDIT pinto agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement., have access to and the right to examine any directly pertinent boot s, documents, pai:mrs, and records of into Involving transactions related to this Agreement. Minto agrees that payment ) made under this Agreement 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 Agreement, into shall refund by check payable to the County the amount of such reduddon of payments. Conversely, County shall promptly pay Into the amount of any underpayment discovered in the course of such audit; provided, however, in no Instance shall payments from the County exceed the $215,050.(X) cap provided in paragraph 3.b. 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 wall and berm and Issuance of the final certificate of completion by Write, whichever Is sooner, 7. PUBLIC, RECORDS in to acknowledges that, because public funds will be used to reimburse Minto for the design, engineering, permitting and construction of the bare and biuffe,'r wall, and because the berm and buffer wall are being constructed for the benefit of a pubfic agency, all records relating to the berm and buffer wall, regardless of form or format, that are created by Minto or which come Into Minto's custody and control, shall be public records pursuant to Chapter 11% Florida Statutes (the 'Public Record Act"), Minto agrees that It shall allow public access to Inspect and make copies of such public records consistent with the requirements of the Public Records Act. Such public access, Inspection and copying shall be limited solely to public records and nothing herein shall be construed In a manner that would result In any other document created by into or In Minto's custody or control becoming a public record under the Public Records Act, For the avoidance of doubt, this Agreement shall not subject any other books and records of into (i.e,, any books and records unrelated to the berm and buffer wall) to the Public Records.Act, In order to facilitate compliance with the Public Records Act with regard to those documents relating to the berm and buffer wall, Mintoshall: a. Keep and maintain public records (i.e., those documents relating to the berm and buffer wall) required by the County In order to perform this Agreement. b. Upon request from the County's custodian of public records, provide the County with a copy of the requested public records of, allow the records to be Inspected or, copied within a reasonable time at a cost that does not exceed the cost provided In Chapter 119, Florida Statutes, or as otherwise provided by law. c. Make reasonable efforts to ensure that public records that are exempt or confidential and exempt from public records disclosure require,,ments are not disclosed except as authorized by lam® for the period from the effective date of this Agreement to completion of the berm and buffer wall and thereafter Ifsnto does not transfer the records to the County, MKDOCS 16=09 3 5 MintoTownPark wired St "Ie County — FUVA Berm M Bufter WWI 0 0 Q tD I Packet Pg. 381 10.A.6.a d. Upon completion of the berm and buffer wail, transfer, at no cost, to the County all public records In the possesslorl of l into and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure reg irernents,. All records stored electronically shall be provided to the County in a format that is compatible with the Information technology system of the County. IF MINTO HASrE TI O NHS REGARDING THE APPLICATION 119, FLORIDA STATUTES. TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACr, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,A- 1 ,, AVENUE, FORT PIERCE, FL 34982 0 INSURANCE 2 J 2 into .shall procure and maintain until the berri3 and buffer wall have been completed, o Insurance of the types and subject to the linilts sat forth below. Mrnto shall also provide the County � with evidence of this Insurance In the form of CRodficates of Insurance which shall be subject to the County's approval for adequacy, The County shah be are Additional Insured an policies of Commercial General Liability and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement, The Countyshall be given thirty 0) days prior written notice of ally E a� material charges or cancellations of the policies. If say -contractors are used by Minto, it shall be the responsibility of Minto to ensure that all its sub -contractors comply with all the Insurance Q requirements contained herein relating to such slab -contractors, The cost of all Insurance required � pursuant to this Agreement shall be a reimbursable expense under paragraph 3.d. provided, Q however, in no Instance shall payments from the County exceed the $215,050,00 cap. c Except as otherwise stated, the amounts and types of Insurance shall conform to the following minimum requirements: a. COMMERCIAL GENERAL LIABIUTY. Minto shall provide and maintain until the berm and buffer wall have been completed, at its 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,M.00 general aggregate for cialrns of bodily Injury Including death, property damage and personal Injury. Contractual Liability coverage shall be Included. . INSURANCE PROVISIONS. The General Liability policy of Minto serail contain or be endorsed to contain, the following provisions: The County, its Officers, officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of into°s performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the County. The coverage shall contain no special limitations on scope of protection offered to the County, MtAMICS 16038,99 Mao "rocs ftrk wid St Lurie County — FUVA Berm & oute Wall Packet Pg. 382 its Officers, Officials, Employee, Rents and Volunteers. Minto's Insurance coverage shall be primary Insurance as respects the County, its Officers, Officials, Employees, Agents and Valunteem for Minto"s activities, Any insurance or self-! nsurance maintained by the County, its Officers, Officials, Employees, Aaeats, or Volunteers shall W In excess of Minta's Insurance and shall not contribute with It, Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the County, Its Officers, Officials, Employees, Agents, orValunteers, Minto"s Insurance shall apply separately to each insured against whom a claim Is made at stilt 15 brought, except with, respect to the limits of Insurer's liability. 9. INDEMNIFICATION 0 a, pinta coveriants and agrees at all tirries to save, hold, anti keep harmless the County, its 2 _j Officials, Employees, and Agents, and Indemnify the Count),?, Its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgnwnts, court frosts, reasonable attorney' s fees, and 0 liability of every kind and nature whatsoever to the extent arising out of or in arty way connected or Q to arising out of the Minto's breach of this Agreernent. Those matters which are deternilned by,�), final, Q LO non -appealable Judgment, to be the restilt of the negligence or willful misconduct of the County or its Officials or the negligence or willful rniscorldvct of a third party who is not an agent, eruplayeke,, Invitee, or subcontractor of Minto shall be excluded frorn Minto's duty to Indemnify the County, but only, to E the extent of negligence or willful misconduct of the County or Its Officials or such third party, into hereby -acknowledges that the payments made, under this Agreement include specific consideration < for the indernnification herein provided, The provisions of this paragraph shall survive the completion of this Ap gre-ernent. b. To the extent allowed by law Covinty covimants and agrees at all times to, sav , hold, and keep harmless Minto, Its Officers, Employees, and and Ay ,,ents, aindenanify Minto, Its afters, Employees, and Agents, against any and all claims, demands, penalties, judgments, court costs, reasonable attorney's fees, and liability of every in and nature whatsoever to the extent arising out of or In any way connected or arlsIng out of the Countys breach or negligent performance of this Agreement, specifically Includir% but not limited to, an claim for recovery of the public funds paint to Minto under this Agrearnerit due to an alleged failure, to comply vilth any applicable public procurement statutes, ordinances or regiilatlons, Those matters which are, determined by a final, non - appealable judgwwrit to be the result of the negligence or volflfid misconduct of Minto or the negligence or willful tnisconduct of a third party who Is not an agent, employee, Invitee, or sukxontroctor of County shall be excluded from County's duty to Indemnify MInto, but only to the extent of negligence or willful misconduct of into or such third party, County her visy acknowledges that it has bargained for and received good and valuable consideration for the )nderr nIfIcatIon herein provided. The provisions of this paragraph shall survive the completion of this Agreement 10R N0710ES MIADOCS, 16CUR489 3 7 MIM YmnPuk and St Lucia .warty— FDVA Rem & Buftr Wall I Packet Pg. 383 All notices, requestsT, consents, and other communications required or permitted under this Aggreement shall be In writing and shall be as elected by the person giving such notice) hand-dellvered by mpssentier or courler service, televarrinnunicated, or mailed by registered or certified mail (postag'e prepaid) return receipt requested, addre,�sed to, As to County: St., Lucie County Administration Administnation Annex 2300 Virminla Avenue Fort Pierce, FL 34982 As to Minto., Jared Stern Director of Community Developrnent Minto Communities — USA 44,00 W. Sari pk Rd., Ste. 200 Coconut Creek, FL 33073 M to Florida Department of Veterans`,Arfaafirs- CoL Alfred D. Carter, U.S. Army (Pieta) Deputy Fxecutive Director Florida Department of Veterans'Affairs 11351 UIrrunton Road, Suite 311-K La rj, ,�o, Morlda 33778 @FDVA,STATE.FL,t15 t Mh a copy tw St. Lucle County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: Rafael Agulbir, F-sq, Sbutts & Bmven LLP 200 South Biscayne Blvd., Ste, 410 Miami, FL 33131 or to such other address as any perky may designate by notice complying with the terms of this Section. Each suich notice shall be deemed delivered (a) an the date delivered If by personal delivery, and (b) on the date upon which the return receipt Is signed or delivery Is refused or the notice K. designated by the postal authorities as not deliverable, as the case array be, It malled, 21. C'C3MPLIAHCE't!Y;','11f LAMOS Minto, Its kern ployees, or assigns, shall comply with all applicable federal, state, and local laws and regulatlons r'clatlng to the perfe,,3rrnance of this &greernamt. The Ccounty undertakes no duty to ensure such cornpilance, but %,vill attempt to advise Minto, u;x)n request, Is to any such laws ofwhich it has present knowledge, M AGREEMEN" TiCONTINGENT ON COMY AND CITY APPROV0%]. This Agreement Is contingent u 5 a I C t a � pon and shall bKome effec-tive upon tjzj(,,, sati fact on )f h following two (2) condItions precedent: (1) the Agreement hm" been approved by the Board of County MADOCS IRM09 I a MIM,ci TownPuk And,%, Luck QountV — FDVA kkrm K Bufftr'Wall I Packet Pg. 384 Carnmisdorwrs of St. Lucie County and executed by duly authorIzed representatives of the County and Minta; and (2) the City Council of the City of Fort St, Lucia has approved construction of the contemplated berm and wall an the MInto Property as an alternative to, and In lieu of, construction of such berm and wall on the FDVA Property In order to comply with the Cites Code of Ordinances, 11 INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the ;parties with respect to the subject matter hereof and suise-rsedes all prior verbal or written agreements befteen the parties with respect thereto, This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto, This Agreement shall be Interpreted as a whole unit and section headings are for convenience only. All Interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to Initiate legal action regarding this Ap reement, venue shall be in the Nineteenth Judicial "'rcultz"ar 5911, Lucie C'Ounty, Florida, for claims under state law and the Southern District of Flm'Ida for any claims which are justiciable in federal court. 14. WAIVER OF JURY TRIAL COUNTY AND MINTO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVETHE RIGHT EIT1,1ER MAY HAVE TO TRIAL BY JURY IN RESPECTTC) ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECfION Writ THIS AGREEMENT AND ANY AGREEMENT CONTEMPI.ATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF C.ONDU(.,-,r, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITH01 PARTY. EACH PARTY ACKNOWLEDGES THAN` THIS WAIVER OFJURY TRIAL IS A MATERIAL INDUCEMENTTO THE OTHER PARTY IN ENTERING INTO THIS AGREEMENT AND THAT SUCH PARTY HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN A'FTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. [S�qnoturkis on Following flaga] I Packet Pg. 385 III q1111 III IIIljIIp�lI 1111111111 l��, ''ll 111 11111 ;J11 lill illi�ilill�"I 011if MA - - - --------- FRANNIE HUTCHINSON Chair DANIELS. MCINTYRE, ESQ, = R M, MIADOCS 103M9 3 10 MInto TGMP&rk and St Lude County — FDVA Berm & Buft Watj ;z 0 0 Q I Packet Pg. 386 10.A.6.a 6 LOCATION MAP OF BERM AND WALL K Cs `..z i, ' 6"9 Packet Pg. 387 10.A.6.a M Q C0 C J 2 0 O tD O Packet Pg. 388 10 BEGIN RETAINING WALLS '♦� G1 (TOP OF WALL 28.5) 8 20' TRANSITION ZONE P 3 226' RETAINING WALL o3 (FDOT INDEX #6011 OR APPROVED EQUAL) 20' TRANSITION ZONE—/ END RET�fN'ING WALL (TOP OF WALL 28.5) END WALL ^ T$1 146'-42" R.C.P. @ 0.3' F4-6' MH. ♦ \ 46'-42" R.C.P. ® 0.43% ♦ i i WALL HEIGHT f4' PROJECT (BY OTHERS) BOUNDARY 1 10' U.E. 18.5' 5' VARIES (t6') 3' SWALE FENCE (BY OTHERS) I ELEV. VARIES 1 1 ' 3• TOP OF BERM f(32.0-33.0) ELEV. f(36.1-37.1) Mp.X 3�qX ELEV. VARIES t(33.3-34.3) ELEV. VARIES MATCH EXISTING f(31.0-32.0) ELEV. VARIES f (30.0-31.0) 41.5' BUFFER 18' W,r5�' ATE (PLUG E. INV. W/ BRICK & MORTAR) —REFER TO LAKE PARK AT TRADITION ELLSWORTH BLVD. EXTENSION PLANS PREPARED BY SIMMONS & WHITE, INC., PROJECT No. 17-009 LOT PAD A 30.8-31.5 TYPICAL SECTION K-K NOT TO SCALE 10' SWALE 4:� AX. REAR LOT GRADE BREAK — LINE SEE EARTHWORK SECTION I I LOT PAD 6' GRADE BREAK REAR LOT SEE EARTHWORK ELEVATION SECTION VARIES 30.6-31.3 INV. VARIES f (29.6-30.3) ALL ELEVATIONS AND BENCHMARKS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM (N.A.V.D.) OF 1988. ix x L2—YD-- } i� \x 29.6 \ 3\ x\x 23.81 K 214'-18" R.C.P. C�? 0.37% 6 x �� 7 / r �L1-5 MH. 48 HOURS BEFORE DIGGING BROWARD • PALM BEACH • INDIAN RIVER ST.. LUCIE • MARTIN COUNTIES CALL TOLL FREE —800-4`32-4770 SUNSHINE STATE 1 CALL UNDERGROUND UTILITIES NOTIFICATION CENTER i/ 29.0 BEGIN WA23 yL__ i r 65'-18" C.A.P. @ 0.77% 31. II V. 22.5 111 II 1�� 11 1 11 It 11 11 ►, 1� II 20 LIt II !' # 111� 11 N l ii II �i 1 a I II E.O.W.I 26.01 I I I II GRADE BREAK 24.0 IO % I II II II I III II I II II II I III II II p 11 I II ►► II II I II fI 31.0 � jj I p I I II I II I II � 11 II I II I III I I II II b I II II III II I u I I I ii I A LOT PAD REFER TO LAKE PARK AT TRADITION M3 7/5'DRIH. ELLSWORTH BLVD. EXTENSION PLANS PREPARED BY SIMMONS & WHITE, INC., 29.0 PROJECT No. 17-009 (PLUG E. INV. W/ BRICK & MORTAR) REAR LOT - ELEVATION VARIES 29.9-31.2 I I 10' SWALE I 20' � � INV. VARIES 28.9-30.2 30.1-31.4 50' BUFFER GRADE BREAK — SEE EARTHWORK SECTION WALL HEIGHT f4' (BY OTHERS) REAR LOT LINE N VILLAGE PKWI. CROSSTOWN PKWY. i CALIFORNIA BLVD. �G 9C F O TRADITION PKWY. GATLIN BLVD. 0 J m � W (S N N UUMMUNIIY HLVL 0 LOCATION MAP NOT TO SCALE TRADITION PKWY. 0 J m Z 0 U K EY MAP NOT TO SCALE N 100 50 0 100 200 SCALE IN FEET 1"=100' q 0 PROJECT a BOUNDARY )REAR LOT a ELEVATION VARIES VARIES 29.9-30.9 (2' MIN.) 30.0-31.0 I� FENCE 4: MAX I r (BY OTHERS) 7 INV. VARIES MATCH EXISTING 29.0-30.0 ELEV. ±27.3 15' SWALE BUFFER WIDTH VARIES SECTION L- L NOT TO SCALE PROJECT BOUNDARY 1 FUTURE V.A. SITE 15' 1 5' 12' I 3' 1 EX. 25' U.E. SWALE VARIES (f 15') 1 1 3\ •• 1 X TOP OF BERM qX. 3 ELEV. f(36.7-37.4) TYPICAL SECTION M-M NOT TO SCALE 1.) ADDED SWALE ALONG WEST PROPERTY LINE PER CLIENT, 12/12/17 D.B. REVISIONS ELEV. VARIES —/ f(32.3-33.2) ELEV. VARIES f(33.3-33.2) EXISTING 16" i"! SIMMONS WHITE ENGINEERING I PLANNING 1 CONSULTING I SINCE 1982 Authorization No. 3452 2581 Metrocentre Blvd West • Suite 3 • West Palm Beach, Florida 33407 • (561) 478-7848 DESIGN DRAWN CHECKED APPROVED DATE P.B. D.B. �J MATCH EXISTING ELEV. VARIES f(28.0-30.0) jEXISTING 3" R.W.M. 12/12/2017 CITY OF PORT ST. LUCIE PROJECT NO. (P17-019) LAK EPAR K AT TRADITION PLAT 2 CITY OF PORT SAINT LUCIE, FLORIDA WEST BOUNDARY WALL EXHIBIT JOB NO. DRAWING NO. SHEET OF 17-010 1701 OZ02 1 Y:\AUTOCAD_FILES\2017\17-010\EXHIBITS\Z02_West Boundary Wall.dwg 12/12/2017 4:48 PM Daniel Brunet { Packet Pg. 389 I | \� � . .� \\� » . .. . . .......... ^`��.: |. \^ _ . \w� : .\\\ 2±63 --j "'l, J .+\� _.. 1�5 k-5 \\\\� I Packet Pg. 30 10.A.6.c m WALL E PLAN VIEW GENERAL DIMENSIONS SC6'„ M3ER Olk MUCUO FIBER VERMCAL REINFORCEMENT (EACH CORNEN OF COLUMN) TYPICAL ALL 1.0 AND ZO IOUD PRECAST FEW2, POSTS �a ._........ .. .......... i I—A-ALIJ l' X 1 4' S01.0 POST DE7MLS " m Contact ManuNcturer for Exact Center to Centef Dlstwus g &g$!g+ FRE-UMT COLUMN ! g ' PER CONTRACT _. 0g9-w..,......_...._.._......._...............__..._.._...._ �_'ems.__ 2Q':-V81...__._...___,.,..,,,.........._.....,..__.._............,_,......._._ ,,.. COSMETICNO PRECAST COLUMNS ®r-0 4®A&MOAFIr TYPICALPRN l> Fly S WALL a ELEVATION {BRADIMN, FL 342al PERMACAST 2.0 EXHIBIT B Packet Pg. 391 10.A.6.d MEMORANDUM OF AGREEMENT By and between The Board of County Commissioners of St. Lucie County and OHL-Arellano Construction Company, a Florida corporation This Memorandum of Agreement ("MOA") is hereby made by and between The Board of County Commissioners of St. Lucie County, a political subdivision of the State of Florida (the "County"), at 2300 Virginia Avenue, Fort Pierce, Florida 34982, and OHL-Arellano Construction Company, a Florida corporation ("OHL-Arellano"), at 7051 SW 12" Street, Miami, Florida 33144 (the "parties"). WHEREAS, on February 25, 2014, the County notified the Florida Department of Veterans' Affairs ("FDVA") that the County intended to submit an application to become the site for the seventh State Veterans' Nursing Home, and on September 23, 2014, Florida's Cabinet voted unanimously to Q construct the nursing home in St. Lucie County; and O J WHEREAS, the Ardie R. Copas State Veterans' Nursing Home ("Home") will be constructed in O Tradition in St. Lucie County through a grant from the United States Department of Veterans Affairs and c matching funds from the State of Florida for the mission of the Florida Department of Veterans' Affairs �o ("FDVA"); and WHEREAS, the Board of County Commissioners of St. Lucie County agreed to provide additional support for the project with an appropriation of $500,000 toward the construction cost of the Home, to be expended as necessary and appropriate (the "County Matching Funds"); and WHEREAS, the County has paid $80,343.50 for the property's title insurance premium to date, and is further obligated for approximately $187,000.00 (with a contingency of up to $215,050.00) to reimburse Minto Townpark, LLC, following completion of its berm and buffer wall construction to benefit the Home as a Landscape Exemption and Modification Plan approved by the City of Port St. Lucie on February 26, 2018, to be deducted from the remaining balance of $419,656.50 in County Matching Funds; and WHEREAS, the County intends, at FDVA's request, to direct payment of this remaining balance to OHL-Arellano Construction Company for its costs and expenses incurred for permitting and construction of the Home project and other related activities pursuant to a correct invoice or invoices prepared and submitted to the County with documentation of such costs and expenses in a form that is satisfactory to the County; and WHEREAS, all such documentation shall be retained by OHL-Arellano for a period of at least three years after completion of the construction process (which end date shall be the same as the close out of the Federal grant), as well as the completion of any audits that may be required by any governmental entity. NOW THEREFORE, In consideration of the foregoing, the parties hereto mutually agree as follows: BCC St Lucie and OHL-Arellano MCA Packet Pg. 392 10.A.6.d 1. OHL-Arellano will prepare and submit an invoice or invoices to the County and the State of Florida Department of Management Services in sufficient detail for pre audit and post audit purposes at its earliest convenience, as well as any supporting documentation requested by the County or the State. The State shall review the invoices and authorize payment by the County before the County processes the invoices for payment. 2. (a) The person to whom such invoices shall be submitted at the County is: Glenn Henderson Mosquito Control Director at 3150 Will Fee Road, Fort Pierce, Florida 34982, hendersong@stlucieco.org, (772) 462-2818. (b) The person to whom such invoices shall be submitted at the State is: Kurt A. Micheels, FCCM, Construction Projects Consultant II, Florida Department of Management Services, Real Estate Development & Management, 4050 Esplanade Way, Suite 315, Tallahassee, Florida 32399- 0950, Kurt.Micheels@dms.myflorida,com, (850) 412-6864 (office), (850) 445-3948 (cell). 3. The County shall promptly pay all correct invoices in accordance with requirements of the Florida Prompt Payment Act. 4. Any questions or notices for either party shall be addressed to: FOR THE COUNTY FOR OHL-ARELLANO St. Lucie County Administration OHL-Arellano Construction Company Attention: Glenn Henderson, Director Attention: David Woodford, LEED AP BD+C Mosquito Control & Coastal Management Vice President, Preconstruction Services Services 2300 Virginia Avenue 7051 SW 121h Street Fort Pierce, FL 34950 Miami, Florida 33144 Office: (772) 462-2818 Office: (786) 418-3740 Fax: (772) 462-1565 Direct Line: (786) 418-3354 hendersong@stlucieco.org Mobile Phone: (321) 773-4321 dwoodford_@_q_rellanogc.com 5. Public Records. This agreement and all terms herein are subject to the public records law of the State of Florida. The County will assist OHL-Arellano with compliance for any public records requests and OHL Arellano shall contact the person named above for compliance assistance. The Company 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 Company in conjunction with this Agreement. Specifically, the Company 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. 2 BCC St Lucie and OHL-Arellano MOA Packet Pg. 393 10.A.6.d (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 contractor 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 COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 462-14411 BellamyS@stiucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. 6. Interpretation and Venue. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be interpreted under Florida law. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have hereunto affixed their signature on the dates indicated below: BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY By: _ Date: ATTEST: By: Frannie Hutchinson Chair Deputy Clerk Approved as to Form and Correctness: BY: Daniel S. Mcintyre, Esq. County Attorney 3 OHL-ARELLANO CONSTRUCTION COMPANY By: _ Date: David Woodford, LEED AP BD+C Vice President, Preconstruction Services ATTEST: By: BCC St Lucie and OHL-Arellano MCA Packet Pg. 394 10.A.7 ITEM NO. (ID # 5112) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 03/20/2018 *REGULAR AGENDA\COUNTY ATTORNEY Indian River Estates Stormwater Improvements Phase II - Request by Dunkelberger for Settlement Offer The Indian River Estates (IRE) Phase II project is the construction of a Stormwater Conveyance System within the Indian River Estates subdivision that connects to the existing pump station. The Project included, but was not limited to, the installation of pipes and catch basins. The Indian River Estates Stormwater Improvements Phase II project was federally funded to $6,246,147.00 through the Hazard Mitigation Grant Program (HMGP) with Florida Department of Emergency Management (FDEM). The County has received 75% of the funding ($4,684,610.00) in the form of a Federally Funded Sub -Grant Agreement. The local match of 25% is $1,561,537.00 was funded from Drainage Maintenance MSTU Reserves. The difference between grant funding and the actual construction value, or $306,421.00, came from Stormwater Reserves. On April 2, 2012, bids were opened for the project. Sixty-four bid packages were distributed and eight bids were received. The lowest responsive, responsible bidder was Fountain Engineering, Inc., of Miami ("FEI") in the amount of $6,552,568.00. On or about May 1, 2012, the County and FEI entered into a written contract for construction of stormwater improvements known as Indian River Estates Stormwater Improvements - Phase II (hereinafter "FEI Contract"). The FEI Contract obligated FEI as the contractor for the construction of a Stormwater Conveyance System in accordance with the plans and specifications. The Contractor's Surety, Hanover Ins. Co. ("Hanover"), issued a corresponding Public Bond for the Project. The County also entered into a contract with Dunkelberger Engineering ("Dunkelberger") to perform construction engineering/inspection services and contract administration during the project. During the course of the Project, FEI did not maintain the Project schedule and other agreed upon schedules, and did not perform its work promptly and diligently. FEI also did not timely pay subcontractors and suppliers. Despite its efforts, FEI did not achieve the contractually required substantial completion or final completion. The County continued to use efforts to supplement CEI services, and FEI was given additional time to complete the project; however, despite the County's efforts FEI failed to perform. In January, 2015 the County terminated FEI and notified FEI's surety, Hanover. On Packet Pg. 395 10.A.7 or about the time of the termination, FEI stopped working on the project. Following FEI's termination, FEI further refused to produce a complete set of as -built plans for the County to use as the basis for developing the scope of the repair work necessary in order to bid out the balance of the Project for completion. On March 3, 2015, the Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project in accordance with the approved plans. The Board also approved a work authorization with Culpepper & Terpening ("C&T") to complete the as -built plans that were not provided by FEI as required under FEI's contract. The as -built plans verify the work in place as built by the Contractor FEI. The as -built plans, as completed by C&T, reflect that FEI failed to construct substantial portions of the Project in accordance with the permitted plans. The County requested that FEI perform this remedial work and FEI refused to perform. The County further demanded that Hanover reimburse the County for all expenses incurred and to be incurred in the remediation of the Project as a result of FEI's refusal to perform, and Hanover refused to perform under the Bond. However, at the recommendation of the Engineer of record, the County proceeded to bid out the remedial and completion work on an emergency basis. At Hanover's request, the County obtained a fourth extension from the federal/state grant agencies because of FEI's failure to construct the project in accordance with the approved plans and other contract documents. Fortunately the granting agencies approved an extension of the grant through December 24, 2015. The emergency bids were ultimately received on July 30 and July 31, 2015. Because of the extent and magnitude of the remedial and completion work, the County was forced to separate the bids into "North" phase and a "South" phase. The low bid for the North phase was submitted by Melvin Bush Construction, Inc. in the amount of $839,648.70. The low bid for the South phase was submitted by PRP Construction Group in the amount of $1,015,777.40. Litigation Discussion: The County has taken great efforts to attempt to resolve this matter. The County has not only met with FEI on several occasions, but has also met at least twice with representatives of Hanover in an effort to resolve the dispute. In turn, Hanover filed an action in federal court against the County. The federal judge ordered the parties to mediation. As indicated above, Hanover and the County attended a mediation session on October 19. FEI was not present at the mediation and it is County staff's understanding that FEI is no longer in business. At the mediation the parties were able to achieve a settlement subject to approval by the Board of County Commissioners. The settlement provides that Hanover pay the County a total of $100,000.00 (and the County was allowed to keep FEI retainage of — $303,000) in return for a release from the County as to Hanover and as to those claims Hanover took an assignment of on behalf of FEI. The release does not release FEI from the balance of the claims. In fact, the settlement protects the County's right to sue FEI for matters which may be covered by any policies of insurance which may provide coverage for any claims of damages on the Project. Hanover aggressively defended the claims against the public bond in the federal litigation on the basis that Dunkelberger, as the County's agent, failed to properly inspect the work and allowed substantial "patent" defects in the work to go uncorrected. Hanover also alleged that Dunkelberger approved pay Updated: 3/19/2018 3:34 PM by Stephanie Bush Page 2 Packet Pg. 396 10.A.7 requests for FEI where FEI's work did not comply with the plans. Under Hanover's theory, Dunkelberger's actions (or inactions) greatly exacerbated the extent of the claim that (according to Hanover) would have otherwise been relatively minor. Hanover also argued that the County's decision to terminate FEI's contract for convenience potentially limited Hanover's liability under the bond. It appears that Dunkelberger may have breached its standard of care under its contract with the County by failing to adequately administer the project, including but not limited to, failing to properly inspect the work and failing to ensure the work performed met the plans and specifications and in accepting FEI's work and approving pay requests for FEI where FEI's work did not comply with the plans. On November 3, 2015, the Board approved the proposed settlement agreement with Hanover and granted permission to sue Fountain and Dunkelberger. In December 2015, an Amended Complaint was filed against Fountain and Dunkelberger. A jury trial is currently scheduled in mid -June of this year. A second mediation in the case is scheduled for late March, 2018. In advance of the second mediation, the County's special counsel has suggested that a settlement demand from the County to FEI would help set a reserve and get the appropriate review by the insurance adjusters for the insurance company that provided professional liability insurance coverage for Dunkelberger. In analyzing a settlement offer or in attempting to determine an appropriate settlement demand it is helpful to review a "best case - worst case" scenario. In the "worst case" a jury would award the County $0 in its claim against Dunkelgberger. In that event the County would be responsible for payment of Dunkelberger's attorneys' fees and costs which are estimated to be $130,000.00. In a "best case" scenario a jury would award the County the full amount sought, plus attorneys' fees, costs and interest which, in this case, is approximately $3,600,000.00. It is difficult to predict what a jury would do in this case. The facts and legal arguments may be somewhat confusing to the jurors. In addition there are multiple defendants which could add to the confusion. Therefore, County staff suggests that the Board consider making a demand that is less than the full value of the claim. County staff requested that the County's special counsel provide a recommendation as to the amount of the settlement demand. The amount recommended for the settlement demand is $2,500,000.00. PREVIOUS ACTION: On March 6, 2018, the Board voted 4-0 to reject a $100,000.00 settlement proposal from defendant Fountain Engineering Inc. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve a settlement demand against Dunkelberger in the amount of $2,500,000.00. COMMISSION ACTION: Updated: 3/19/2018 3:34 PM by Stephanie Bush Page 3 Packet Pg. 397 10.A.7 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/19/2018 updated: 3/19/2018 3:34 PM by Stephanie Bush Page 4 Packet Pg. 398 10.B.1 ITEM NO. RES-2018-39 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 03/20/2018 *REGULAR AGENDA\OFFICE OF MANAGEMENT & BUDGET Jennifer Hill, Interim Office of Management and Budget Director Office of Management & Budget Resolution - To Establish the Budget for St. Lucie County, Public Works Heavy Equipment Loan The Board of County Commissioners is scheduled to authorize the issuance of the Master Equipment Financing Agreement to acquire Public works Heavy Equipment today via County Attorney agenda item. 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 expend these funds. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The Board approved funding in A/C#001-4110 for lease payments in FY18. However, the loan proceeds were 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 Transportation Trust Fund #101 to be covered by budgeted transfer from General Fund #001 and other related issuance expenses appropriated in General Fund #001. RECOMMENDATION: Staff recommends the Board adopt the budget resolution establishing the budget for the Master Equipment Financing in the amount of $2,070,295.00. COMMISSION ACTION: Packet Pg. 399 10.B.1 Coordination/Signatures Jenn Hi I, Inte rim OffiJ of t and B dget Direct 3/5/2018 D- anie/S.orney 3/6/2018 Jenni Hi I, Interim ffic of and B dget Direct 3/5/2018 .13LV y er, De y Coutny Administrator 3/6/2018 Updated: 3/14/2018 3:40 PM by Katrina Slay Page 2 Packet Pg. 400 10.B.1.a RESOLUTION a� WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. -a Lucie County, certain funds not anticipated at the time of adoption of the budget have become available 00 from a Master Equipment Financing Agreement, in the amount of $2,070,295, to acquire heavy equipment m r for Public Works. t An r N W WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a o H resolution to appropriate and expend such funds. , U) w NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, a; Florida, in meeting assembled this 20th day of March, 2018 pursuant to Section 129.06 (d), Florida Statutes M 00 that such funds are hereby appropriated for the fiscal year 2017-2018, and the County's budget is hereby N amended as follows: Cn w REVENUE a 101-0000-384200-000 Proceeds from Loans $2,070,295 as $2,070,295 aEi m L APPROPRIATIONS 101-4110-564000-400 Machinery & Equipment $2,070,295 $2,070,295 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 MARCH 2O18. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: LI-0 COUNTY ATTORNEY Packet Pg. 401