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Agenda Packet 08.07.2018
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, August 7, 2018 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 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 81712018 8:30 AM Regular Meeting Tuesday, August 7, 2018 6:00 PM %A/N rnnaF 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, August 7, 2018 6:00 PM 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, July 10, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, July 24, 2018 Amended 5. PROCLAMATIONS APPROVAL A. Adoption of a resolution designating the week of August 5-11, 2018 as "St. Lucie County Farmers Market Week" in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. Fort Pierce City Commissioner Reggie Sessions Addresses the Use of County Facilities for Semi - Pro Football Team Pulled Prior to Meeting 8. CONSENT AGENDA ►e��i4e�:11.00k V 1. Warrant Lists 42 & 43 B. ADMINISTRATION There are no items scheduled. C. AIR & SEA PORT 1. Grant Acceptance for Fisherman's Wharf Boat Ramp Design Staff recommends Board approval of a grant from the Florida Fish & Wildlife Conservation Commission (Agreement #17208) in the amount of $150,000.00 and supporting resolution for the Fisherman's Wharf Boat Ramp Design and authorization 3 1 P a g e Regular Meeting Tuesday, August 7, 2018 6:00 PM for the Chair to sign documents as approved by the County Attorney. 2. Budget Resolution - Update Master Plan and Airport Layout Plan (ALP) Federal Aviation Administration (FAA) Board Acceptance of FAA Funding Staff recommends Board approval of this budget resolution to recognize the additional $27,000.00 FAA funds for the Update Master Plan and Airport Layout Plan project at the Treasure Coast International Airport. D. COUNTY ATTORNEY 1. Sunshine Kitchen - FPUA Waterline Easement Staff recommends the Board approve the easement to the Fort Pierce Utilities Authority for the Sunshine Kitchen, and authorize the Chair to sign the easement. 2. Resolution - City Electric Supply Company Qualified Target Industry and Job Growth Incentive Grant Agreement Staff recommends that the Board adopt the amended Qualified Target Industry resolution, approve the revised Job Growth Incentive Grant Agreement, and authorize the Chair to sign the resolution and the agreement. 3. Byrne Memorial Justice Assistance Grant FY 2017 Staff recommends that the Board approve the County's participation as the coordinating unit of government in the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 4. Paula A. Lewis Branch Library Roof Repair Staff recommends the Board approve the bid waiver and sole source determination for Therma Seal to repair the Paula A. Lewis Branch Library roof. Staff is also recommending that the Board ratify and approve the emergency contract with Therma Seal signed by the County Administrator. E. COMMUNITY SERVICES 1. Resolution - Federal Transit Administration 49 U.S. Code § 5307 - Urbanized area formula grants FFY17 Staff recommends Board acceptance of the 49 U.S. Code § 5307 Urbanized area formula grant (FL-2018-054-00) for FFY17, approval of the budget resolution and sub grant agreement with the Council on Aging of St. Lucie, Inc./Community Transit and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - Federal Transit Administration 49 U.S. Code § 5339 - Grants for buses and bus facilities FFY17 a Regular Meeting Tuesday, August 7, 2018 6:00 PM Staff recommends Board acceptance of the FFY17 FTA 49 U.S. Code § 5339 grant for buses and bus facilities in the amount of $193,773, approval of the budget resolution, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Veteran Assistance Center - 809 N. 9th Street, Fort Pierce, FL 34950 Staff recommends Board approval of the budget resolution, and authorization for the Chair to sign documents as approved by the County Attorney. F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES There are no items scheduled. H. FACILITIES 1. Award Bid No. 18-056 Generator Preventative Maintenance, Service, Inspections & Load Bank Testing Staff recommends Board approval to award Bid No. 18-056, Generator Preventative Maintenance, Service, Inspections and Load Bank Testing to TAW Power Systems, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. I. HUMAN RESOURCES There are no items scheduled. There are no items scheduled. K. LIBRARY SERVICES There are no items scheduled. L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 18-033, Financial Advisor Services Staff recommends Board approval of the Committee's recommendation and permission to: Conduct contract negotiations with the highest ranked firm PFM Financial Advisors, 5 1 P a g e Regular Meeting Tuesday, August 7, 2018 6:00 PM LLC; If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney. 2. Request for Qualifications (RFQ) No. 18-054, Pre -Qualification of Construction Contractors for Community Services Housing Projects Staff recommends Board approval to award RFQ No. 18-054 and enter into contracts with Black Street Enterprises, LLC, De La Hoz Builders, Inc., Gentile Corporation and Sand Dollar Development, and authorization for the Chair to sign documents as prepared by the County Attorney. N. PARKS & RECREATION There are no items scheduled. O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. P. PUBLIC SAFETY There are no items scheduled. Q. PUBLIC WORKS 1. Midway Rd. at North St. Lucie River Water Control District Canal 92 Culvert Replacement Staff recommends Board approval to establish a project budget of $550,000.00 to Capital Improvement Program (CIP) project #164610 for Midway Road at NSLRWCD Canal 92 Culvert Replacement. 2. Midway Road 2600' East of Shinn Road Culvert Replacement - Sixth Amendment to Work Authorization No. 6 Staff recommends Board approval of the Sixth Amendment to Work Authorization No. 6 to the Stormwater Continuing Services Contract (C09-10-665) with Engineering Design and Construction Engineers, Inc. in the amount of $1,960.00 for a project total of $52,175.00 for Midway Road 2600' East of Shinn Road Culvert Replacement, approval of CIP increasing project funding in the amount of $1,960.00 and authorization for the Chair to sign documents as approved by the County Attorney. R. SHERIFF'S OFFICE There are no items scheduled. S. SOLID WASTE There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, August 7, 2018 6:00 PM T. SUPERVISOR OF ELECTIONS There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. V. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Proposed Ordinance Amending Section 46-78 Fees for Non -Consensual Towing Amended Staff recommends the Board approve the proposed draft ordinance. B. PLANNING & DEVELOPMENT SERVICES 1. River Vista - Future Land Use Map Amendment from COM (Commercial) to RH (Residential High- 15 du/ac) Staff recommends the Board approve transmittal of the proposed Comprehensive Plan Future Land Use Map Amendment to the State Land Planning Agency, and corresponding agencies, for review pursuant to Chapter 163, Florida Statutes. C. PUBLIC WORKS 1. Rock Road Mine Public Hearing Staff recommends Board approval of Rock Road Holdings, LLC's formal request to withdraw their application to modify the reclamation requirements of the Rock Road Mine Permit. 2. Resolution - Iroquois/Navajo MSBU Final Assessment Resolution Staff recommends Board approval of the Iroquois/Navajo MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 10. REGULAR AGENDA There are no items scheduled. 7 1 P a g e Regular Meeting Tuesday, August 7, 2018 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 14, 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, August 21, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on September 3, 2018 in observance of Labor Day. 12. MOTION TO ADJOURN 8 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BOCC Special Meeting July 10, 2018 Convened: 9:01 AM Adjourned: 9:21 AM CALL TO ORDER The meeting was called to order at 9:01 AM by District No. 4, Chair Frannie Hutchinson Attendee Name 1W Title District No. 4, Chair Present District No. 3, Vice -Chair Present District No. 1 Present District No. 2 Present I Arrived 9:00 AM Frannie Hutchinson Linda Bartz 9:00 AM Chris Dzadovsky 9:00 AM Anthony Bonna 9:00 AM Cathy Townsend District No. 5 Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Mark Satterlee Deputy Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Jeffrey Bremer Deputy Administrator Present 9:00 AM Leslie Olson Director, Planning & Development Services Present 9:00 AM Jennifer Hill Office of Management and Budget Director Present 9:00 AM Brittany Jones Recording Secretary Present 9:00 AM 1. 2. PLEDGE OF ALLEGIANCE GENERAL PUBLIC COMMENT Chairman Hutchinson opened the meeting for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed public comment. W Z U- O J O W a a Generated 711212018 3:49 PM Packet Pg. 9 BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM 4.A 3. CONSENT AGENDA There are no items scheduled. 4. REGULAR AGENDA 1. First Amendment to Amended and Restated Facilities Use Agreement between the SFS (N.Y. Mets) and St. Lucie County; Stadium Renovation Plans by Ewing Cole W (Architecture) z_ The County Attorney, Daniel McIntyre, gave the background on this item. The County U_ entered into an agreement with the New York Mets in June, 1986 to train and play o major league spring training games in St. Lucie County. The first spring training game was played in March, 1988. The term of its original agreement was 15 years. In 2003 the 0 parties entered into a new agreement that extended the term through 2018. In 2011 a the term was extended further through 2023. Q On November 15, 2016 the Board approved a new Facilities Use Agreement with the Mets that extended the term through 2042, which also included terms for the renovation and improvement of the Tradition Field Sports Complex. The Board's approval of the Agreement was subject to the approval by the State of Florida of funding for the stadium renovations in the amount of $20,000,000.00 over a period of 20 years. Shortly after the Board's approval of the Agreement, County staff submitted an application to the State of Florida Department of Economic Opportunity (DEO). On December 20, 2016, DEO sent the County Administrator a letter with enclosures requesting certain information and requesting that the County adopt and sign an Addendum similar to the Addendum approved by the Tampa Sports Authority, Hillsborough County and the New York Yankees which was attached to the December 20 letter. On January 10, 2017 the Board approved a draft Addendum to the November 15, 2016 Facilities Use Agreement which is similar to the New York Yankees Addendum. On January 24, 2017, the Board approved an Amended and Restated Facilities Use Agreement with SFS. This Agreement incorporated changes requested by DEO and Major League Baseball as well as changes negotiated with SFS. Shortly thereafter, on March 17, 2017 the DEO certified the Sports Complex Project. The parties subsequently executed a Spring Training Program Agreement on March 28, 2017. On June 29, 2017, the County issued non -ad valorem bonds to establish the $55,000,000.00 project fund. At that time, the project funds were deposited into an interest bearing account. A separate fund has been established to account for the project funds and the interest earned on the project funds. As of July 6, 2018, 2 1 P a g e Packet Pg. 10 BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM 4.A $3,974,490.26 has been spend on pre -construction costs and $732,523.36 in interest has been earned leaving behind a balance of $51,758,033.10. On September 5, 2017, following a competitive procurement process, the Board approved SFS' agreement with Ewing Cole, Inc. to provide architectural services for the Project. On January 9, 2018, the Board approved a contract amendment with Ewing Cole, Inc. The Board also approved an award of the Construction Manager at Risk Services to Barton Malow Company on November 7, 2017. Subseauent Events: Subsequent to the approval of their contract, Ewing Cole prepared conceptual and LU design plans for the Project. Unfortunately, the independent cost estimates (by Barton Z Malow and HPM) for the design prepared by Ewing Cole exceed the amount budgeted M for the Project. The County was first made aware of the problem in March of this year. p J During the past several months, the County and SFS have been working in good faith to 0 resolve the issues so that the Project can proceed within the established budget. Those a discussions have resulted in the First Amendment to the Amended and Restated a - Facilities Use Agreement. Howard Tipton, County Administrator, gave an overview of the Agreement. A summary of the draft First Amendment follows: a • The following improvements will be included in the Project and cannot be dropped from the Program without the County's consent: 0 a. 360 Concourse (reduced per party discussions) b. New 2 stop elevator c. New entry and Vomitory • The County will use up to $1.2M from bond interest to pay for additional work designated by the County, as follows: safety railings for aisles, existing elevator renovation, upgrade staff maintenance building and finish county office space and new seating, including any related drawings, CM fees or other fees associated with those items, and other items identified in the CIP. The County will control the budget or pay any overage in its discretion. SFS will direct Barton Malow to perform this work. To the extent the County intends to do work on its own (as opposed to adding work to the project) the work will be performed in accordance with a mutually agreed upon schedule to ensure that all work being conducted at the building can be done in the most efficient manner. • The County will use up to $1M in bond interest for the relocation/construction of the softball fields. To the extent there is less than $1M of interest, the County may reduce its Year 5 improvement fund payment to SFS to make up the difference. The County will begin repayment 3 1 P a g e IPacket Pg. 11 BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM 4.A of the amount taken from the SFS additional improvement fund on March 1 of Year 6 with annual payments of $100,000.00 into the fund each March 1 until the full amount taken is replaced. By way of example, if only $800,000.00 of interest remains for the softball fields, the County will reduce its Year 5 additional improvement fund payment to SFS by $200,000.00 and would pay such amount back to the SFS fund with additional $100,000.00 fund payments on March 1 in each of Years 6 and 7. All bond interest funds in excess of the amount used by the County as set forth in #2 and #3 (i.e., up to $2.2M) shall be added to the project budget. County staff is proposing to relocate the softball fields based on input from Rick Hatcher of the Treasure Coast Sports Commission. According to Mr. Hatcher to be successful in attracting elite softball teams, a complex must have at least 4 fields with direct parking access. Due to existing site limitations, the St. Lucie County Sports Complex cannot accommodate these needs. If the Board determines to support the proposed relocation, County staff intends to investigate alternate locations and identify partners to proceed with the softball complex. • The County will be able to spend budgeted capital repair funds (i.e. $200,000.00 per year) on capital repair items designated by the County. Expenditure of capital repair funds provided by SFS (i.e. $75,000.00 per year) require approval by SFS and the County. • There will be periodic account and true -up of interest accruals and expenditures. • The County will review for approval plans submitted by Ewing Cole as of June 1, 2018 with the understanding that further revisions to the plans will be needed for some improvements referenced in the draft Addendum and to address comments made by HPM. Those additional plans will be subject to final review and approval by the Board. Staff recommended the Board: • Approve the First Amendment to the Amended and Restated Facilities Use Agreement subject to final review and approval by the County Attorney. • Approve the plans submitted by Ewing Cole as of June 1, 2018, including all addenda, with the understanding that further revisions to the plan will be needed for some of the improvements referenced in the draft First Amendment and to address comments made by HPM. Those additional plans will be subject to final review and approval by the Board. The County Attorney further elaborated that staff anticipates the final plans coming back to the Board in 2-3 weeks, at which time the Board will have an opportunity to review them. He stated tonight's approval is conceptual and the First Amendment will be signed subject to final review and approval by the Board. rn w M z U_ 0 J Q 0 W IL a Q 4 1 P a g E Packet Pg. 12 4.A BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Request for Approval of Construction Management at Risk Contract with Barton Malow Company, for the Renovation and Construction of the St. Lucie County Sports Complex This item was presented by the County Attorney. On September 20, 2017, responses to Request for Qualifications (RFQ) No. 17-053, Construction Manager at Risk for the Development, Renovation & Construction of the St. Lucie County Sports Complex, were opened by the County. Three proposals were received, 933 companies were notified and 44 RFQ documents were distributed. The purpose of the Request for Qualifications was to identify and retain the most highly qualified Construction Manager at Risk ("CMAR") firm to act as the CMAR for the renovation and construction project at the St. Lucie County Sports Complex. The CMAR Services include all necessary pre -construction, construction and close-out services to deliver a successful building project. On October 10, 2017, the selection committee evaluated and ranked the proposals that were received. The short-listed firms in order of ranking were as follows: 1. Barton Malow - Orlando, Florida 2. Gilbane Building Company - Jupiter, Florida 3. Rodda Construction, Inc. - Lakeland, Florida On October 17, 2017, the Board of County Commissioner approved the short-list and gave permission to conduct discussions/presentations with the short-listed firms. On October 23, 2017, the short-listed firms were invited to present their presentations to the selection committee. Following the presentations and question and answer sessions, the selection committee met to reevaluate and re -score the Proposers in accordance with the terms of the RFQ. The short-listed firms in order of final ranking and their final scoring is as follows: 1. Barton Malow - 477 2. Gilbane Building Company - 440 3. Rodda Construction, Inc. - 376 This Board approved the ranking and authorized County staff to negotiate a contract with the top -ranked company. a w E- z U_ O J Q O a a Q 5 1 P a g e Packet Pg. 13 BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM 4.A As set forth in the procurement documents, the parties are using the American Institute of Architects contract documents, revised and customized for the Project, following the Construction Management at Risk structure with a Guaranteed Maximum Price Agreement (hereinafter "Agreement"). The Agreement specifically sets forth the base terms of the relationship, with the Construction Management firm engaging early with the design team and Project stakeholders, to participate in design and constructability reviews and the competitive procurement of subcontractors following the plan set forth in the Amended and Restated Facilities Use Agreement (FUA). The Agreement contains, among other things, the following material terms: CO w • Incorporation of the New Improvements work scope set forth in the FUA, as revised and set forth in any approved Final Plans z M • Incorporation of the DEO funding grant, including all audit provisions and o financial report requirements 0 • Preconstruction services scope for, among other things, site inspections, design a review and constructability reviews a- Q • Cost estimating and value engineering Q • Competitive procurement of subcontractors, public outreach for local and small businesses, and good -faith best efforts to foster specialty trade apprenticeship opportunities • All construction phase services necessary to carry out the work set forth in the Agreement • Financial terms: o Lump sum fee for preconstruction services - $139,000 o Construction Manager's Fee - 3.5% of the Cost of the Work plus general conditions, insurance and bonds o General Conditions Costs - 8% of the Cost of the Work o Incentive compensation - $500,000, at reasonable discretion of County and SFS o Liquidated Damages - $10,000 for every day of inexcusable delay by Construction Manager, capped at 50% of its Fee, and uncapped recourse should delays result in termination of DEO funding or other penalties Following preconstruction and bidding activities, the Construction Management firm shall prepare a Guaranteed Maximum Price amendment for review, consideration and negotiation by the County and SFS, and final approval by this Board. The Guarantee Maximum Price amendment (hereinafter "GMP Amendment") shall set forth the total 6 1 P a g e Packet Pg. 14 BOCC Special Meeting Tuesday, July 10, 2018 9:00 AM 4.A construction cost under the Agreement, inclusive of subcontractors, contingencies, general conditions costs and the Construction Manager's Fee. The GMP Amendment will also establish the schedule for the performance of all construction work. The Board reviews the proposed GMP Amendment to ensure is it fair, competitive and reasonable. County's special legal counsel and its program management consultant, HPM, were both involved in the development of the Agreement. County's special counsel confirms that the agreement terms are fair, competitive and reasonable, and HPM confirms that the financial terms are fair, competitive and reasonable. Staff recommended that the Board approve the agreement between SFS and Barton Malow Company and determine that the agreement terms are fair, competitive and reasonable. A motion was made to approve the agreement and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 5. 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. 6 w z E U_ O J Q O a a Q 7 1 P a g e Packet Pg. 15 4.6 S■TkOL■NIAM COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting July 24, 2018 Convened: 9:02 AM Adjourned: 12:30 PM 1. CALL TO ORDER The meeting was called to order at 9:02 AM by District No. 4, Chair Frannie Hutchinson Attendee Name 1W Title Status Arrived District No. 4, Chair Present 9:00 AM District No. 3, Vice -Chair Present 9:00 AM District No. 1 Present 9:00 AM District No. 2 Present 9:00 AM Frannie Hutchinson Linda Bartz Chris Dzadovsky Anthony Bonna Cathy Townsend District No. 5 Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Jeffrey Bremer Deputy Administrator Present 9:00 AM Jennifer Hill Office of Management and Budget Director Present 9:00 AM Sophia Holt Budget Manager Present 9:00 AM Stan Payne Director of Port & Airport Present 9:00 AM Peter Jones Business Navigator Present 9:00 AM Ken J. Mascara Sheriff Present 9:00 AM Ron Roberts Director of Public Utilities Present 9:00 AM Kori Benton Planning Support Coordinator Present 9:00 AM Brittany Jones Recording Secretary Present 9:00 AM 2. INVOCATION The County Administrator led the invocation. W Z U- O J O W a. a Generated 71311201812:50 PM Packet Pg. 16 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM 3. :j 5. M PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, July 10, 2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend PROCLAMATIONS APPROVAL A. Adoption of a resolution designating the week of July 23 through 29, 2018 as "Treasure Coast Waterway Cleanup Week" and Saturday, July 28, 2018 as "Treasure Coast Waterway Cleanup Day" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chairman Hutchinson presented the proclamation to Steve Haigis, who appeared on behalf of Marine Industries Association of the Treasure Coast. He accepted the proclamation with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend PUBLIC COMMENT (excluding Public Hearing items) (This item was heard following the Presentation -Item 7.A.) Chairman Hutchinson opened the meeting for public comment at this time. Nyla Pipes from One Florida Foundation spoke in support of ongoing efforts to improve the water quality in St. Lucie County. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. w z 2 U_ 0 J Q 0 a a Q 2 1 P a g e Packet Pg. 17 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM 7. PRESENTATIONS A. Microbial Source Tracking of Bacterial and Nutrient Pollution in St. Lucie County (This item was heard prior to Public Comment -Item 6.) Lynn Wilking, Laboratory Coordinator, began the presentation on bacterial and nutrient pollution in St. Lucie County. She detailed the history of water quality issues with the North Fork and how it led to collaborative efforts for a microbial source tracking study. She explained the multi -prong approach used in the study, detailed the sample sites and study period and presented a breakdown of the detailed findings from the study. Next, Rachel Brewton, Research Coordinator, provided a summary as to the significance of the data. She stated the findings indicate there is wastewater present at the North Fork and tributaries as well as herbicides and pesticides as a result of surficial urban runoff. In conclusion, Ms. Brewton stated the study indicated a number of hot spots where bacterial and nutrient pollution were present and it is advised these be closely monitored moving forward. Lastly, she detailed the recommendations that were included in the report and acknowledged everyone involved in the study. Commissioner Dzadovsky asked a few questions on the quantity of water flow and the effects of input from wastewater treatment plants, facilities that use biosolids and septic material being introduced into ground water. Both Rachel Brewton and Brian Lapointe, Research Professor, provided answers. 8. CONSENT AGENDA Commissioner Townsend asked for clarification on Item 8.V.1. (North County Water & Wastewater Line Extensions Budget Transfer). The County Administrator provided clarification on this item. A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. WARRANTS 1. Warrant Lists 39 - 41 B. ADMINISTRATION 1. Commissioner Bartz' Appointment to the Tourist Development Council 2. Budget Resolution - Board Acceptance of additional Florida Department of Transportation (FDOT) funds for the Treasure Coast International Airport Expansion/Maintenance Repair & Overhaul (MRO) rn w M z U_ 0 J 0 W IL a Q 3 1 P a g e Packet Pg. 18 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM C. AIR & SEA PORT Al E. There are no items scheduled. COUNTY ATTORNEY 1. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma 2. Revocable License Agreement - Fence - Utility Easement - Holiday Pines Subdivision Phase I - Steven and Sandra Baran - 5309 Echo Pines Circle West - Parcel ID 1312-500- a 0157-000-1 w E- z 3. Resolution - Establishing Parking Regulations for Tax ID # 2403-341-0005-000/6 - 656 N. E 2nd Street 0 J 4. Permission to Advertise a Proposed Ordinance Amending Section 46-78 Fees for o Nonconsentual Towing a a 5. Federal Emergency Management Agency (FEMA) appeal Q Q COMMUNITY SERVICES c There are no items scheduled. CO F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES There are no items scheduled. H. FACILITIES 1. TCIA Terminal Building Remediation and Bid Process Waiver I. HUMAN RESOURCES There are no items scheduled. I�W��I.���il_tli[�li�i1�I�1.1►I�]S�Z�P1 There are no items scheduled. K. LIBRARY SERVICES There are no items scheduled. 4 1 P a g e Packet Pg. 19 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. N. PARKS & RECREATION There are no items scheduled. w O. PLANNING & DEVELOPMENT SERVICES z E 1. Transportation Impact Study Waiver Request for Cristelle Cay Condominium - North o Hutchinson Island 0 Q 2. Resolution - correcting a scrivener's error in the expiration date of Resolution No. 2017- 0 127 a Q P. PUBLIC SAFETY Q 0 1. Resolution - Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant w 0 N 2. Resolution - Emergency Management Preparedness Federally -Funded Grant (EMPG) v Q. PUBLIC WORKS 1. Peacock Road at NSLRWCD Canal 78 2. FPL Road Restoration Agreements - Final Acceptance 3. Tropic Supply - Fee -in -Lieu of Sidewalk Construction 4. Prima Vista WaWa - Conditional Acceptance 5. Prima Vista Boulevard Milling and Resurfacing Improvements 6. Property Clean -Up Special Assessment District 7. Resolution - Hurricane Irma - Natural Resource Conservation Service (NRCS) Grant Agreement Verada Ditch & Christensen at Canal 102 R. SHERIFF'S OFFICE 1. Authorization to Accept the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Local 5 1 P a g e Packet Pg. 20 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.13 S. SOLID WASTE 1. Phase 11113 - Change Order No. 3 T. SUPERVISOR OF ELECTIONS There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. w V. UTILITIES Z 2 1. North County Water & Wastewater Line Extensions Budget Transfer o J Q 9. PUBLIC HEARINGS 0 W IL a A. PLANNING & DEVELOPMENT SERVICES a 1. Crossing Church aka St. James Christian Academy (Educational Services, Grades K-5 & 9-12) - Conditional Use Permit Chairman Hutchinson noted that this item was quasi-judicial and asked for Commissioners' disclosures: • Commissioner Dzadovsky spoke with staff • Commissioner Bonna spoke with staff and the applicant • Commissioner Bartz spoke with staff • Chairman Hutchinson spoke with staff • Commissioner Townsend had no disclosures This item was presented by Kori Benton, Senior Planner from Planning & Development Services. The Crossing, a Network of Community Churches Inc. is requesting a Conditional Use Permit to allow for educational services (Grades K-5, & 9-12), to be provided by St. James' Christian Academy, at an existing church campus established across a +/-9.55 acre property located at 5200 Oleander Avenue, on the east side of Oleander Avenue roughly 0.2 miles south of Midway Road. The subject property is zone I, Institutional and is designated RU (Residential, Urban) on the Future Land Use Map. The surrounding buildings and their zoning designations were detailed. Educational services and facilities are allowed in the Institutional Zoning District as a Conditional Use in accordance to Land Development Code (LDC), Section 3.01.03.X.7.f. The proposed 200 student school would occupy approximately 19,500 s.f. of space, of 6 1 P a g e Packet Pg. 21 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.B which 8,348 s.f. exists amongst three buildings at the east segment of the site, and 11,152 s.f. of new space proposed via placement of a modular classroom structure on - site. The conditional use plan was overviewed, which included the proposed buildings, drop-off and pick-up site and operation hours. Staff and a private traffic consultant have reviewed the applicant's traffic report and study and concluded it does not provide a level of service impacts to that section of Oleander Ave. On May 17, 2018, the Planning & Zoning Commission unanimously recommended approval of the request, subject to conditions, to the Board of County Commissioners. On July 10, 2018, the Board of County Commissioners unanimously voted to continue the public hearing until the July 24, 2018 meeting at 9:00 am or as soon thereafter. LU Notices for the public hearing were posted in the local newspaper as well as posted on Z the property. Additional notification letters for the public hearing were sent out to property owners within 500 feet of the property. p J Staff worked with various departments to allow approval of the Conditional Use permit > subject to the following conditions: W a a • The number of students at any given time, on -site shall not exceed 200 Q • The hours of operation shall not extend beyond Monday through Friday, 7:00 am to 6:00 pm. Annual or bi-annual school events such as Open House and Graduation may be considered an exception to general operational hours • The applicant shall maintain arrival and dismissal times to reflect a minimum separation of thirty minutes between White City Elementary and Sun Grove Montessori School, incorporating greater deviation than currently presented • Prior to occupancy, the applicant shall complete sidewalk, landscaping, and ADA accessible improvements presented within the Conditional Use Plan • Prior to beginning the 2018/2019 school year, the applicant shall incorporate an off-street loading space in accordance with LDC Section 7.06.02.A.3.b • A bicycle rack shall be provided on -site prior to the beginning of the 2018/2019 school year • Directional signs shall be installed as needed to delineate drive -aisles and routes designated for student delivery and pick-up prior to the beginning of the 2018/2019 school year • The proposed modular classroom structure shall be removed, appropriately modified, or replaced with a structure compliant with the Community Architectural Guidelines adopted within LDC Section 7.10.24 within 5 years of a certificate of occupancy 7 1 P a g E IPacket Pg. 22 Regular Meeting Tuesday, July 24, 2018 9:00 AM 42 • A drop off circle at the east end of the parking lot shall be completed as part of phase 1 for the 2018 school year. Final paving must be completed prior to January 1, 2019 • Draft plans for a cross access driveway to the Covenant Reform Site to the north shall be submitted to the County for review by January 1, 2019, pending the approval for the Covenant Reform site • Construction of a cross access driveway shall be completed by the beginning of the 2019 school year. The cross access driveway shall be a minimum of 14 feet and meet turning radius requirements of the buses • A cross access easement will be required for the cross -access driveway and pedestrian access contingent upon approval of the Covenant Reform site to the north • Prior to the issuance of a building permit, the applicant shall submit an updated landscape plan depicting the required wall and landscaping between the proposed institutional use and adjacent residential uses. The wall requirement shall be waived through the Administrative Wall Waiver process should the adjacent property owners consent to removing the wall between their parcel and the proposed use [Land Development Code 7.09.04.E] • The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law • All other applicable state or federal permits must be obtained before commencement of the development Staff recommended the Board adopt resolution 2018-118, authorizing the conditional use permit for educational services (Grades K-5 & 9-12) for 5200 Oleander Avenue, subject to conditions. Chairman Hutchinson asked a couple questions for clarification regarding the wall requirement, recreation field and sidewalks. The Chair requested the conversation on sidewalk connections involving bike paths and safety for school activities be revisited at a later date. Commissioner Dzadovsky had a couple questions in regards to the staggered school hours and stormwater management plans. Richard Lattico, the engineer for the project, was present and provided answers. There were no other comments or questions from the Board at this time. rn w M z LL 0 J Q 0 W a a Q 8 1 P a g E IPacket Pg. 23 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.13 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 adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Request for Qualifications (RFQ) No. 18-055 - Develop and Operate a Conversion Facility to Process Municipal Solid Waste for St. Lucie County - Authorization to Negotiate The County Attorney presented this item. St. Lucie County's Solid Waste Department (Department) already has developed and operates a baling facility for "Class I" waste (e.g., garbage), a processing facility for construction and demolition debris, and a recycling facility. The Department operates these facilities because it wants to reduce the volume of material placed in the County's landfill. When the County's landfill is full, the Department will need to (a) build a new landfill in the County or (b) send the County's waste to an out -of -county facility. Either of these 2 options will be more expensive than continuing to use the County's existing landfill. The Department continues to look for new technologies that can be used to supplement and enhance the County's operations. The Department is seeking a technology that is proven, cost-effective, and more environmentally friendly than traditional methods of waste disposal. The Department believes a modern "Conversion Technology" may satisfy these criteria. A Conversion Technology uses energy to convert Municipal Solid Waste into gases or elements (e.g., carbon, hydrogen), which are then used to create valuable products (e.g., electricity, steam, fuel). In 2006, 2012, and 2014, the County issued a Request for Qualifications (RFQ) from companies capable of successfully providing a viable Conversion Technology to the County. On each occasion the County entered into negotiations with vendors that offered to provide a technology meeting the County's needs. On two occasions the County entered into contracts for the construction of a facility that would use Conversion Technology. Unfortunately, these past efforts were ultimately unsuccessful, typically because the vendor was unable to obtain financing for the proposed project. When the County issued a RFQ in the past, the County told the vendors that the County would not approve a vendor's project if the cost of using the vendor's facility would F w z 2 U_ O J Q O a a Q 9 1 P a g e Packet Pg. 24 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.13 cause the County's waste disposal costs to increase. In effect, the County told the vendors that they must construct a new facility and provide modern technology for the County, but the vendors would only be paid an amount equal to the cost of using the County's landfill. This requirement made it extremely difficult and oftentimes impossible for the vendors to obtain financing for their projects. On April 17, 2018, the Board granted permission to advertise a new RFQ. Responses to the County's latest RFQ were submitted by two proposers: • St. Lucie Cellulosic Ethanol, LLC (Venergy) co • Waste Wise Associates, LLC w On June 8, 2018, a selection committee composed of County staff, a representative Z from the City of Port St. Lucie, and a representative from Martin County met and U_ determined that the response submitted by Waste Wise Associates, LLC was not _J responsive. A Waste Wise representative subsequently sent an e-mail to the Purchasing o Department that it wished to withdraw its response. Since there is only one responsive a proposal, County staff recommends that the Board authorize staff to commence a Q negotiations with St. Lucie Cellulosic Ethanol, LLC as the only qualified proposer. Staff recommended the Board authorize staff to commence negotiations with St. Lucie Cellulosic Ethanol, LLC as the only qualified proposer. Commissioner Townsend commented on the low responses to the RFQ and encouraged a discussion on that topic. Commissioner Dzadovsky shared the past hardships with the ongoing issue of finding an alternative option for handling the almost full capacity of solid waste at the landfill. Ron Roberts, Public Utilities Director, spoke of the tremendous cost to design, permit, construct and operate a new landfill. He also elaborated on the State's mandate regarding a waste diversion recycling rate and explained how a conversion facility will help the County achieve that mandate's requirements. Cory Clive, from St. Lucie Cellulosic Ethanol, LLC, spoke on the company's goals and objectives and their aim to work with St. Lucie County and the community. There were no other comments or questions from the Board. A motion was made to approve staff recommendation and it passed unanimously RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Request for Qualifications (RFQ) No. 18-049 - Operation and Development of the former Indian River Terminal at the Port of Fort Pierce; Approval of Addendum This item was presented by the County Attorney. The purpose of the Request for Qualifications is for interested potential parties (Partner) to enter into a long-term 10 1 P a g Packet Pg. 25 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.B agreement for the operation and development of the former Indian River Terminal, a part of Port of Fort Pierce. The County's goal is for a Partner to operate and develop a world -class facility on the Terminal property that will create well -paying jobs, not only on the Terminal itself, but through the growth of existing businesses and the creation of new ones within the community. The Partner shall be responsible for all funding, design and construction (if required by the Partner's proposed project), operations, maintenance, equipment replacement, and marketing during the term of the agreement. The Partner shall be fully responsible for keeping the Terminal facilities in good working order at its own expenses, including maintenance, repair and replacement of existing equipment and infrastructure, as well as maintenance, repair and replacement of all Terminal improvements. On June 6, 2018, responses to RFQ No. 18-049, were opened. Two proposals were received; 668 companies were notified and 55 RFQ documents were distributed to interested parties. On June 29, 2018, the review committee which was appointed by the Board, discussed, evaluated and developed a shortlist as to which proposals were the most qualifies for the Board's consideration. The short-listed firms in no particular order of ranking were as follows: 1. Derecktor Holdings, Inc -Mamaroneck, New York 2. Ft. Pierce Yacht & Ship, LLC - Vero Beach, Florida On July 10, 2018 the Board of County Commissioners approved the recommendation of the Review Committee and authorized the Committee to proceed to the next step in the evaluative process (Phase 2) request the shortlisted firms to submit additional information. The proposed Addendum contains the following information request of the shortlisted Proposers (among other possible information): 1. Detailed Project Costs Breakdown of construction, operations, and maintenance costs; 2. Detailed Schedule for construction and Proposer's ability to meet the schedule; 3. Detailed financial plan, including costing methodology, project financing approach, satisfactory evidence of secured obligation to finance and construct the Project as proposed, including proportion of equity cash and unsubordinated debt, and source of funds; 4. Detailed structure of business plan and transaction with the County; 5. Financial Pro -forma, commitments, and Payment Guarantees; rn w z U_ 0 J Q 0 W a a Q 111 Page Packet Pg. 26 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM 6. Additional information regarding the Proposer's qualifications and demonstrated technical competence; 7. Evidence of insurance coverage suitable for the Project; 8. Any other information the County deems relevant or necessary The Review Committee will then evaluate the information provided largely based upon, but not limited to, the criteria applied in Phase 1, while taking into consideration any refinement and clarification of that information provided, and additional information provided in Phase 2, (Submitters in Phase 2 will be allowed to revise and/or supplement their Phase 1 submittals to make adjustments to add or change team members, consultants, respond to further public comments, direction from reviewing agencies or the County, or otherwise reflect changing circumstances) and submit final recommendations to the Board. The procurement will be governed by a Cone of Silence. Proposers, including any representative will be required to refrain from contacting or communicating with any member of the County, including Members of the Board of County Commissioners, regarding the procurement. County staff will be bound by the same Cone of Silence, and shall not engage in communications with any Proposers regarding this procurement, except for the limited circumstances set forth above for the Pre -submittal Conference and written questions. Any violations of this Cone of Silence may subject the offending Proposer to a disqualification from the procurement and rejection of any proposal. The intent of the County is to continue promoting a fair, transparent, competitive procurement process. Staff recommended Board approval of the proposed Addendum for RFQ No. 18-049. Staff further recommended that the Board approve using PFM, the County's Financial Advisor, to conduct an independent financial review of the proposals in lieu of a committee review process by the Economic Development Council. A motion was made to approve staff recommendation and it passed unanimously RESULT: APPROVED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Resolution - Accel Holdings, International, Inc. Economic Development Incentives PRESENTATION Peter Jones, SLC Economic Development Manager & Business Navigator, gave an introduction for both Item 10.A.3. and Item 10.A.4. Next, Pete Tesch, President of the Economic Development Council, gave a presentation on Accel International Holdings, Inc., which was also referred to as Project Connect. He stated Accel International is a cable and wire company that manufactures high performance conductors and detailed rn w M z U_ 0 J Q 0 W a a Q 12 1 Page Packet Pg. 27 4.113 Regular Meeting Tuesday, July 24, 2018 9:00 AM the company's background. He provided an overview of the company's projected sales, described the technology operations, and explained the economic impact analysis. Mr. Tesch highlighted the partnerships involved with this project, as well as the performance based incentives for St. Lucie County. He then introduced Malcolm Sina, Executive Chairman for Sina Companies and Dan Chung, a Senior Executive with Accel International, who both spoke. There were a few questions asked by the Board that Mr. Chung and Mr. Tesch provided answers for. BACKGROUND Pursuant to Section 125.045, Florida Statutes the County has broad power to expend public funds to attract and retain business enterprises. County staff has been working with the City of Port St. Lucie and the Economic Development Council to assist Accel Holdings International, Inc. in the development of a new 150,000 square feet manufacturing and distribution center in the Tradition area. Accel is a leader in the high performance conductor industry, one of the County's targeted industries. Accel intends to invest a significant amount in both the construction and equipment for the new facility which upon completion will create 125 new jobs. As a result, it appears the project will be eligible for an Ad Valorem Economic Development Exemption pursuant to Section 196.1995, Florida Statutes, and Section 42-28, St. Lucie County Code of Ordinances, subject to review of the exemption application by the Property Appraiser and adoption of an ordinance granting the exemption. A resolution for Board consideration and action regarding the following economic development incentives: 1. The Board authorizes County staff to prepare a JGIG agreement with Accel for the creation of 125 new jobs pursuant to the Job Growth Investment Grant guidelines. The twenty percent (20%) local financial match requirement for the State of Florida's Qualified Target Industry Tax Refund will come from the JGIG program. Any residual JGIG funds the company is eligible to receive will be provided and authorized by the Board. 2. Make a preliminary finding that the improvement and tangible personal property are eligible for an Ad Valorem Economic Development Tax Exemption, subject to review of the exemption application and adoption of an ordinance granting the exemption, and direct staff to assist in the preparation of the application as needed. Staff recommended that the Board adopt the resolution as presented. A motion was made to adopt the resolution and it passed unanimously. rn w z U- 0 J Q 0 W a a Q 13 1 Page Packet Pg. 28 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 4. Resolution - Oculus Optikgerate GmbH Economic Development Incentives PRESENTATION This item was presented by Pete Tesch, President of the Economic Development Council. Mr. Tesch introduced the company Oculus Surgical, also referred to as Project Glaze. He stated the company was established in Germany and is a worldwide leader in the manufacture of eye surgery devices. He provided additional details on the company, went over the economic impact analysis and emphasized the performance based incentives. Next, Mr. Tesch introduced Ross McDonna, a Senior Executive of Oculus, who said a few words. A few comments from the Board expressed their excitement and acknowledgement of the teamwork towards this project. BACKGROUND Pursuant to Section 125.045, Florida Statutes the County has broad power to expend public funds to attract and retain business enterprises. County staff has been working with the City of Port St. Lucie and Economic Development Council to assist Oculus Optikgerate GmbH in the development of a new 50,000 square feet manufacturing and distribution facility in the Tradition area. The new facility is expected to create 50 new jobs. Oculus is a global leader in the manufacture of ophthalmic instruments, one of the County's targeted industries. Oculus intends to invest a significant amount in both the construction and equipment for the new facility. As a result, it appears the project will be eligible for an Ad Valorem Economic Development Exemption pursuant to Section 196.1995, Florida Statues, and Section 42-28, St. Lucie County Code of Ordinances, subject to review of the exemption application by the Property Appraiser and adoption of an ordinance granting the exemption. A resolution for Board consideration and action regarding the following economic development incentives: 1. The Board authorizes County staff to prepare a JGIG agreement with Oculus for the creation of 50 new jobs pursuant to the Job Growth Investment Grant guidelines. The twenty percent (20%) local financial match requirement for the State of Florida's Qualified Target Industry Tax Refund will come from the JGIG program. Any residual JGIG funds the company is eligible to receive will be provided and authorized by the Board. 2. Make a preliminary finding that the improvement and tangible personal property are eligible for an Ad Valorem Economic Development Tax Exemption, subject to rn w M z U_ 0 J Q 0 W a a Q 141 Packet Pg. 29 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.13 review of the exemption application and adoption of an ordinance granting the exemption, and direct staff to assist in the preparation of the application as needed. Staff recommended that the Board adopt the resolution as presented. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend B. OFFICE OF MANAGEMENT & BUDGET 1. Setting of FY 2019 Proposed Millage Rates and Dates for Budget Public Hearings PRESENTATION The County Administrator began with a brief background on the item and explained how the Board and County staff conducted budget workshops earlier in July. He stated the presentation will be an overview of the matters discussed at those budget workshops and will be led by himself and OMB Director, Jennifer Hill. He began by saying a role as County Administrator is to annually put together a recommended budget and he detailed the agenda for the presentation. Next, the OMB Director stated the recommended budget for fiscal year 2019 is $534 million and she compared this number to previous budgets and the population of St. Lucie County. She detailed the County's position count and described how integral property values are to the budget. The OMB Director illustrated the history of the County's property values which includes legislation implemented by the State of Florida. It was stated the millage rate has been increased in years past, however the recommendation for fiscal year 2019 is to leave all millage rates the same, which overall gives the County an aggregate millage rate of 8.8934 mills. She also explained the formula used to calculate the tax revenue and illustrated the change in percentage of the property valuation. Continuing on, the OMB Director detailed how an item on the November ballot for a homestead exemption would impact the budget. She gave an overview of the fund balance and reserve levels which included plans of budget stabilization and reserves policies. The County Administrator went ahead and detailed the challenges facing the County. He began by describing the outstanding issues of competitive employee compensation, budget stabilization and deferred maintenance on facilities and roads. Next, he discussed the new issues which includes school resource officers (SROs), storm impact on reserves and infrastructure, impact of an additional homestead exemption, and an increase to the Department of Juvenile Justice. The Chair commented that the County is 15 1 Packet Pg. 30 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM currently still waiting on reimbursements from FEMA on funds spent due to Hurricanes Jean and Frances. The County Administrator described the priorities used to build the recommended budget including a key focus of maintaining a sustainable budget. He illustrated through a chart how the County has increased funds for public safety despite a reduction in property tax revenues. Next, the County Administrator gave an in-depth history on the SRO program and stated that due to a reduction in contributions from the School Board, the County has funded about 90% of the SRO program. He said as a result of the mandates from the State, the Sheriff has asked for more funding to be able to meet those requirements. Next, the OMB Director explained an incremental change in revenue from the property values and detailed the net amount available for allocations for the general fund/fine & forfeiture fund. It was stated the incremental change resulted in an additional $1.5 million which was suggested to be placed into reserves and some of that revenue has been allocated towards other funds following discussions at the budget workshops. The OMB Director stated the budget requests exceeded the revenue available and in keeping with the Board's priority of public safety, 50% of the revenue was allocated to the Sheriff's Office for public safety needs. She detailed the breakdown of the remaining revenue and the recommendations, as well as the allocations of the additional revenue that was a result of an incremental change in property values. The County Administrator presented the unmet needs of the County and detailed the uncertainty two ballot initiatives pose to the recommended budget. He discussed the approved list of priority infrastructure projects that would be conducted if the sales tax initiative is passed and stressed the importance and impact of each project for the County. He further stated that if the sales tax initiative does not pass, the Board and staff will conduct a meeting in December to address the infrastructure needs. The County Administrator reiterated this agenda item is to set the maximum millage rates and to approve the two public hearings to adopt the tentative and final millage rates and budget. BACKGROUND The County is required to advise the Property Appraiser of the proposed millage rates; the rolled -back rates; and the date, time and place the tentative budget hearing will take place. This must be done within 35 days of the Property Appraiser's certification of taxable values in accordance with Section 200.065, Florida Statues. The Property Appraiser utilizes this information in preparing the notice of proposed property taxes (TRIM notice) which are mailed to each property owner in August. The TRIM notice is intended to inform property owners of the maximum millage rate and taxes for each taxing district. After the proposed millage rates are set, any of the millage rates may be further reduced any time before the final budget hearing on rn w z U_ 0 J Q 0 W IL a Q 16 1 Packet Pg. 31 Regular Meeting Tuesday, July 24, 2018 9:00 AM 4.113 September 20th. However, none of the millage rates may be increased without going through a re -noticing process. At the budget workshops held by the Board of County Commissioners on July 9 through July 11, 2018, the Board was presented with the recommended FY 2018-2019 Budget. The recommended rates are consistent with the rates as presented at the budget workshops. This request is for the purpose of setting the maximum millage rates in compliance with Truth in Millage (TRIM) requirements. Staff recommended Board approval to set millage rates in order to comply with Truth in LU Millage (TRIM) requirements: M z • Advise the Property Appraiser' Office of the millage rates as outlined on U_ "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2018-2019" under the column headed "2018-2019 millage". o W • Set two public hearings on September 6, 2018 and September 20, 2018 at 6:00 a PM in the Roger Poitras Administration Annex Commission Chamber. Q • Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. DISCUSSION Chairman Hutchinson had a question as to the increase to the Department of Juvenile Justice funding and the County Administrator provided an answer. Commissioner Dzadovsky commented on the mandates required of the County by the State and the lack of funding provided for those mandates. A discussion on this topic and how it relates to the SRO program and the millage rates ensued between the Board members. There was a discussion on the formula for the budget and the impacts of property values, increased millage rates and an increase in population. There were comments on the importance of keeping public safety and infrastructure as priorities and it was stressed how strong partnerships have allowed for successful teamwork in the past. The Chair invited Sheriff Ken Mascara, Superintendent Wayne Gent, and School Board member Kathryn Hensley to speak on the matters discussed. Each was allowed the opportunity to explain the issues each of their organizations faces in regards to their budgets and mandates from the State. The Sheriff respectfully requested an increase from the Fine & Forfeiture fund to cover costs for the SRO program. The Superintendent went into details on the partnership the School Board has with the Sheriff's Office and clarified that partnership does not exclude the city agencies and police departments from participating. He also explained that the School Board plans to allocate an additional $400,000 to the Sheriff's Office and plans to use the remaining state funding for ten trained law enforcement officers to help maintain public safety. 17 1 P a g Packet Pg. 32 4.13 Regular Meeting Tuesday, July 24, 2018 9:00 AM There was a question regarding the additional budget discussion for December. The County Administrator confirmed that is the plan. There were comments clarifying the funding allocations to the Sheriff's Office. There was a discussion on the good partnership the County has with the Sheriff's Office and on the ways other counties and school boards in Florida fund their SRO programs. Commissioner Bonna requested further information on the additional law enforcement officers employed by the School Board. Brian Reuther, Director of School Safety, stated the services provided by these officers is not the same as those required of a school resource officer and detailed their duties. A motion was made to approve staff recommendation and upon roll call, it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 7, 2018 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 14, 2018 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 21, 2018 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 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. a w E- z 2 U_ O J Q O W a a Q 18 1 Packet Pg. 33 5.A ITEM NO. RES-2018-134 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: 08/07/2018 *PROCLAMATIONS APPROVAL Adoption of a resolution designating the week of August 5-11, 2018 as "St. Lucie County Farmers Market Week" in St. Lucie County, Florida. Brenda Gibbons, Downtown Fort Pierce Farmers Market, has requested that this Board proclaim the week of August 5-11, 2018 as "St. Lucie County Farmers Market 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 7/30/2018 Packet Pg. 34 5.A.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF AUGUST 5-11, 2018 AS "ST. LUCIE COUNTY FARMERS MARKET WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County farmers and ranchers provide citizens with access to healthy, locally, and regionally produced foods through Farmers Markets, which are expanding and evolving to accommodate the demand for a diverse array of agricultural products. 2. Farmers Markets and other agricultural direct marketing outlets provide infrastructure to assist in the distribution of farm and value-added products, thereby contributing approximately $9 billion each year to the U.S. economy. 3. Farmers Markets serve as significant outlets bywhich small to medium, new and beginning, and veteran agricultural producers market agricultural products, generating revenue that supports the sustainability of family farms and the revitalization of rural communities nationwide. 4. St. Lucie County recognizes the importance of expanding agricultural marketing opportunities that assist and encourage the next generation of farmers and ranchers; generate farm income to help stimulate business development and job creation; build community connections through rural and urban linkages; and more. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. To further awareness of Farmers Markets' contributions to life in St. Lucie County, Florida, this Board does hereby proclaim the week of August 5-11, 2018 as "ST. LUCIE COUNTY FARMERS MARKET WEEK". 2. This Board urgesthe citizens of St. Lucie Countyto celebrate Farmers Markets Week with appropriate observance and activities. PASSED AND DULY ADOPTED this 7th day of August, 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 35 07/20/18 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #42- 14-JUL-2018 TO 20-JUL-2018 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 442,806.14 0.00 001466 Residential Construction Mitigation 8,409.00 0.00 001585 CSBG 2017 3,517.00 0.00 001588 Continuum of Care Family Veterans 108.40 0.00 001590 EMPG FY18 3,609.64 0.00 001591 CDBG Small Cities 13.20 0.00 101 Transportation Trust Fund 16,334.62 0.00 101001 Transportation Trust Interlocals 5,415.00 0.00 102 Unincorporated Services Fund 12,735.27 0.00 102001 Drainage Maintenance MSTU 52,931.10 0.00 102116 IRL-Paradise Park Phase5-System4 214.26 0.00 102117 IRL-San Lucie Drainage Phase 2 166,134.37 0.00 104003 Hurricane Frances Donations 1,187.62 0.00 107 Fine & Forfeiture Fund 234,702.96 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 11,897.04 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,960.46 0.00 107005 F&F Fund -Legal Aid 9,719.50 0.00 107006 F&F Fund -Court Related Technology 14,861.34 0.00 129 Parks MSTU Fund 37,270.22 0.00 Z 130 SLC Public Transit MSTU 57.00 0.00 130119 FTA 5307 FY13 20,452.50 0.00 130129 FFY16 5307 Transit Oper & Maint 978.56 0.00 140 Airport Fund 10,653.55 0.00 140001 Port Fund 10,565.77 0.00 M 140141 FAA - Master Plan & ALP Project 124,617.24 0.00 0a 140396 FDOT - Master Plan & ALP Project 13,846.36 0.00 160 Plan Maintenance RAD Fund 294.57 0.00 y 183 Ct Administrator-19th Judicial Cir 971.73 0.00 A 183001 Ct Administrator-Arbitration/Mediat 160.00 0.00 J 183006 Guardian Ad Litem Fund 49.87 0.00 a 184226 Ft Pierce Shore Protection 16SL3 50,024.00 0.00 184807 Indian Hills Oyster Reef Project 14,762.00 0.00 M 185018 FHFC SHIP 2017/2018 1,904.84 0.00 189113 Home Consortium 2016 22.54 0.00 0 0 190 Sports Complex Fund 22,633.07 0.00 191 SLC Sustainability District 8.19 0.00 v 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 20,942.33 0.00 E 310002 Impact Fees -Parks 3,460.00 0.00 0 324200 FDOT - Airport Expansion MRO 800.00 0.00 0 324201 FDOT - Harbor Pointe Seagrass 5,320.00 0.00 324801 FIND -Fisherman's Wharf Bulkhead Des 65,867.00 0.00 362 Sports Complex Improv Fund 4,754.00 0.00 401 Sanitary Landfill Fund 202,044.17 0.00 418 Golf Course Fund 10,322.57 0.00 471 Water & Sewer District Operations 3,257.42 0.00 479 Water & Sewer Dist. -Cap Facilities 500.00 0.00 491 Building Code Fund 14,585.16 0.00 Packet Pg. 36 07/20/18 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST 442- 14-JUL-2018 TO 20-JUL-2018 FUND SUMMARY FUND TITLE EXPENSES 505 Health Insurance Fund 81,418.79 505001 Risk Management Fund 2,175.00 611 Tourist Development Trust-Adv Fund 50.00 625 Law Library 11,067.08 666 SLC Economic Development Trust Fund 13,841.50 801 Bank Fund 24,142.91 GRAND TOTAL: 1,762,578.86 PAGE 2 PAYROLL 796.80 0.00 0.00 0.00 0.00 0.00 Packet Pg. 37 07/27/18 FZABWARR FUND TITLE 001 001466 001512 001575 001576 001585 001586 001587 001588 001591 001600 101 101001 102 102001 105205 107 107001 107002 107003 107006 113 114 116 117 119 123 127 128 129 130 130114 130119 130120 130129 130218 130219 130224 130225 136 138 140 140001 140376 140385 160 182 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 21-JUL-2018 TO 27-JUL-2018 FUND SUMMARY General Fund Residential Construction Mitigation Neighborhood Stabilization Program Metropolitan Planning / Sec 5305d Support Services for Veterans CSBG 2017 Continuum of Care Family Continuum of Care Chronic Continuum of Care Family Veterans CDBG Small Cities Section 112/MPO/FHWA Plan FY18/20 Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU State Aid to Libraries FY 2018 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU ETA 5307 FY 2013 FTA 5307 FY13 FTA 5311 FY 2015 FFY16 5307 Transit Oper & Maint FDOT Block Grant FY 2015 FDOT Lakewood Pk Reg Bus Rte FCTD Trip and Equipment Grant Service Dev Grant FY 2018-2020 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp FDOT - Runway 10L / 28R S. Apron Plan Maintenance RAD Fund Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir EXPENSES 325,784.28 10,572.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38,666.02 1,253.68 2,664.69 167,306.50 3,763.83 130,015.99 25,253.77 0.00 145.91 14,097.01 241.02 595.51 648.68 148.53 860.68 405.38 533.99 657.28 57,288.99 178,561.19 1,387.00 1,284.84 6,721.45 10,502.00 90,049.13 8,419.72 4,166.00- 2,432.49 2,447.65 333.81 9,384.35 375.72 330.00 54,225.00 4,770.62 76.79 6,165.23 PAGE PAYROLL 632,816.67 0.00 1,920.03 1,758.55 1,487.20 3,475.05 119.71 209.30 448.57 491.46 12,243.38 133,658.05 1, 683.46 681412.73 20,007.08 0.00 171,595.07 8,045.74 5,287.94 0.00 12,575.59 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,855.26 0.00 0.00 0.00 4, 946.40 0.00 0.00 0.00 0.00 0.00 0.00 18,168.35 7,184.55 0.00 0.00 1, 801.60 0.00 3,582.28 N H Z Packet Pg. 38 07/27/18 FZABWARR FUND TITLE 183001 183004 183006 184001 184228 184230 185018 187 189111 189113 189114 190 310001 316001 316106 318 324200 362 382 401 418 471 491 505 505001 505002 611 625 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 21-JUL-2018 TO 27-JUL-2018 FUND SUMMARY Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program Artificial Reef Construction 2017-2018 FWC Artificial Reef Const FHFC SHIP 2017/2018 Boating Improvement Projects Home Consortium FY 2015 Home Consortium 2016 Home Consortium FY 2017 Sports Complex Fund Impact Fees -Library 5th Cent Fuel -Capital DOC Sunshine Kitchen Incubator County Capital -Transportation Bond FDOT - Airport Expansion MRO Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Agency Fund Bank Fund GRAND TOTAL: EXPENSES 320.00 622.04 14,205.51 8,000.00 4,471.00 30,000.00 12,364.40 2,375.00 889.00 0.00 480.15 28,895.18 20,276.98 7,297.50 117,007.08 125.00 111,882.45 8,497.87 27.11 483,373.13 16,224.85 28,021.67 15,436.44 963,646.83 24,391.84 0.00 1,385.48 15,958.90 129,092.04 56,458.29 3,255,930.97 PAGE PAYROLL 0.00 3,202.15 0.00 1,938.40 0.00 0.00 797.19 0.00 0.00 378.27 1,576.66 24,459.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 79,815.19 20,182.73 16,943.07 45,783.40 0.00 2,417.27 3,862.82 5,946.67 0.00 0.00 0.00 1,322,077.11 8.A.1 Packet Pg. 39 8.C.1 ITEM NO. RES-2018-135 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Phillip Hied, Sr. Airport Project Manager Air & Sea Port DATE: 08/07/2018 *CONSENT AGENDA\AIR & SEA PORT Grant Acceptance for Fisherman's Wharf Boat Ramp Design St. Lucie County has applied to the Florida Fish Wildlife Conservation (FWC) Florida Boating Improvement Program for $75,000.00 to assist with Black Pearl Boat Ramp Improvement Design at Fisherman's Wharf. This agenda item is to accept FWC grant #17208. The project is an infrastructure improvement effort that will create safe and improved public boat launch and access to the Intracoastal Waterway, Indian River Lagoon, and the Fort Pierce Inlet. There is a fifty percent required Local County Match in the amount of $75,000.00 for an estimated total project cost of $150,000.00 PREVIOUS ACTION: November 15, 2016 - Board approved regular agenda item 10.A.1. Resolution - Capital Improvement Revenue Bond, Series 2016A Amended December 6, 2016 - Board acceptance of funds through Florida Inland Navigation District (FIND) Project Agreement #SL-16-61 in the amount of $316,000.00 for Fisherman's Wharf - Bulkhead Design Phase April 18, 2017 - Board approve submittal of FIND Waterways Assistance Program application for the Fisherman's Wharf Bulkhead Construction Phase 2 May 24, 2017 - Board approval to apply for FWC grant for the design of Fisherman's Wharf boat ramp design with resolution 2017-124 FINANCIAL IMPACT: Required match is available in 324-4315-563016-164618 (Capital Imp. Revenue Bond, 2016A - Redevelopment of Fisherman's Wharf). Staff recommends Board approval of a grant from the Florida Fish & Wildlife Conservation Commission (Agreement #17208) in the amount of $150,000.00 and supporting resolution for the Fisherman's Wharf Boat Ramp Design and authorization for the Chair to sign documents as approved by the County Attorney. [0 ►] Ti1►�ifRS1119P►I_Ts"191 F Packet Pg. 40 8.C.1 Coordination/Signatures ianie/s.WMc'lnty're,nt, orney 7/26/2018 Jenn Hi I, Interim 6ffiJ of and B dget Direct r 7/25/2018 Updated: 7/27/2018 3:56 PM by Katrina Slay Page 2 Packet Pg. 41 8.C.1.a RESOLUTION NO. 18-xxx A RESOLUTION ACCEPTING THE FLORIDA FISH Et WILDLIFE CONSERVATION COMMISSION AGREEMENT (FWC 17208) FOR THE FISHERMANS WHARF BOAT RAMP DESIGN AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Fish and Wildlife Conservation Commission has awarded the County funding for the Fisherman's Wharf Boat Ramp Design (FWC No. 17208) 2. The Board should authorize and approve execution of the agreement with the Florida Fish and Wildlife Conservation Commission for the above referenced project NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Agreement with the Florida Fish Et Wildlife Conservation Commission (FWC No. 17208) to provide funding for the Fishermans Wharf Boat Ramp design. 2. The Board hereby authorizes the chair to execute the above referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 42 8.C.1.a After motion and second, the vote on the resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Chris Dzadovsky Commissioner Anthony Bonna Commissioner Cathy Townsend PASSED AND DULY ADOPTED this day of ATTEST: DEPUTY CLERK 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: 2 Packet Pg. 43 FWC Agreement No. 172 8•C.1.b STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No. 17208 CFDA Title(s): N/A CFDA No(s).: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): N/A Federal Award Name(s): N/A CSFA Title(s).: Florida Boating Improvement Program CSFA No(s).: 77.006 State Award No(s).: 17208 State Award Year(s): 2017-2018 State Award Name(s): St. Lucie County, Fisherman's Wharf Boat Ramp This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and St. Lucie County, l ll) # 59-600835, whose address is 2300 Virginia Ave, Room 229, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to design and permit improvements to Fisherman's Wharf Boat Ramp and parking improvements; and, `WHEREAS, Grantee has been awarded Florida Boating improvement Program grant #17208; arid, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth o in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). a The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed 0 and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result c, of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's 3 response is hereby incorporated by reference. c.i r c m 2. PERFORMANCE. E t r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 p Packet Pg. 44 FWC Agreement No. 172 The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee.shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall ................................. remain in effect through 06/3012039. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $75,000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks M identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon ti submission of invoices, accompanied by supporting documentation sufficient to justify invoiced c expenses or fees, and after acceptance of services and deliverables in writing by the Commission's E Grant Manager identified in Paragraph ten (10), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the �° terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, T pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for ci allowable costs resulting from obligations incurred during the agreement period specified in c Paragraph three (3). z Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 45 FWC Agreement No. 172 C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's . Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph ten (10), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved; a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: T http://www.fldfs.com/aadir/direct_ deposit_ web/Vendors.htm ti Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. z Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 46 FWC Agreement No. 172 J• Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342- 2762. 5. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the a State of Florida, then the following paragraph applies: E M The Grantee acknowledges that Property being improved is titled to the State of Florida, c and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. T V 7. MONITORING. O42 0 c m E z v c� Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 47 FWC Agreement No. 172 The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment B, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 8. . TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3); F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the T required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be z c� Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 48 FWC Agreement No. 1720 8.C.1.b 11. 12. 10. deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Andrea Pelton Grant Specialist Florida Fish and Wildlife Conservation Commission 620 S. Meridian Street Tallahassee, FL 32399 Telephone # (850) 717-2108 Fax # (850) 488-9284 Andrea.pelton@myfwc.com AMENDMENT. FOR THE GRANTEE: Grant Manager Stan Payne Executive Director, Airport and Seaport St. Lucie County Board of County Commissioners 1001 Harbor Street Ft. Pierce, FL 34950 Telepone # (772) 462-1450 Fax # PayneS@stlucieco.org A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Page 6 of 20 Packet Pg. 49 FWC Agreement No. 17 8.C.1.b A. Intellectual and Other Intangible Property. i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property This agreement is for the purchase or improvement of real property, therefore the following terms and conditions apply. i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work. Title to state-owned real property remains vested in the state. Title to federally -owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally -owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the acquisition of non -expendable property. Non -Expendable Property Defined. For the requirements of this section of the 3 Agreement, "non -expendable property" is the same as "property" as defined in Section 273,02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a 00 normal expected life of one (1) year or more; hardback -covered bound books that are E r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 50 FWC Agreement No. 172 13 circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement -unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. . iii. Use — Equipment. Equipment mast be used by the non -Federal entity in the program or project for which it was acquired as long as needed RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no .interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 51 FWC Agreement No. 172 another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and'Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 14. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due." C. Commission Right to Reject Subcontractor Employees. The Commission in coordination. with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject 3 to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other '~ agent who is affiliated with this project and an employee of the State of Florida. If the Agreement _q includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. E r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 P Packet Pg. 52 FWC Agreement No. 172 B. Convicted Vendors. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Grantee shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: http://www.dms.Lnyflorida.com/business operations/state purchasing/vendor information/co nvicted suspended discriminatory complaints vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. C. Vendors on Scrutinized Companies List. i. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. D. Discriminatory Vendors. Grantee shall disclose to the Commission., in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S.. Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to T V 00 42 as E z c� Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 53 FWC Agreement No. 172 16. 17. 18. the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. INSURANCE. The Grantee warrants and represents that it is insured, or self -insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this grant is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. PUBLIC RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. If the Grantee meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Grantee shall comply with the following: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodian@myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 E a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 54 FWC Agreement No. 172 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Commission. V. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Grantee, and any subcontractor to the Grantee, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or- any other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Grantee's compliance with the terms of this or any other agreement between the Grantee and the. State which results in the suspension or debarment of the Grantee. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 21. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the r Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of ci Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this c� Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 55 FWC Agreement No. 172 22. 23. Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five (5) fiscal years following the close of this Agreement, or the period required for this particular type of project by the General Records Schedules maintained by . the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records- management/general-records-schedules/), whichever is longer. Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: http://www.USASpending_gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Fiorida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. FEDERAL COMPLIANCE. As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or ti requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water a Pollution Control Act (33 U.S.C. 1251-1387, as amended). E ii, Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. iii. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. 3 iv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for �? transportation, transport, cause to be transported, carry or cause to be carried by any means m E r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 56 FWC Agreement No. 172 whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and foreign commerce of listed species. 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. D. Copeland "Anti -Kickback Act. The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by any mean, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR Part 401. If the Federal award h meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient r wishes to enter into a contract with a small business firm or nonprofit organization regarding the 00 substitution of parties, assignment or performance of experimental, developmental, or research work under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37 E z c� Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 57 FWC Agreement No. 172 CFR Part 401', "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and .Conservation Act (Pub. L. 94-163, 89 Stat. 871). H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this. transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. I. Prohibition against Lobbying. i. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Grantee also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Grantee with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Grantee has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan, or cooperative agreement, the Grantee shall, prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Grantee shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Grantee shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Grantee Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. J. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR ci 200). 00 c as E z Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 58 FWC Agreement No. 172 0XI 26. K. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Grantee attests and certifies that the Grantee will provide a drug -free workplace compliant with 41 U.S.C. 81. CONTRACT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org, B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectoffloridL=. C. Procurement of Recycled Products products or materials which are the accordance with Section 403.7065, F.S PROFESSIONAL SERVICES. or Materials. Grantee agrees to procure any recycled subject of or are required to carry out this Contract in A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, 3 or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: c.i The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 59 FWC Agreement No. 172 registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. INDEMNIFICATION. If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for, and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and employees, for actions caused in whole or in part, by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement. 28. NON-DISCRIMINATION. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the1.9 E laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or �° invalidity, without invalidating the remainder of such provision or the remaining provisions of this 3 Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. _q c.i r c m E r a GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 60 FWC Agreement No. 172 30. 31. 32. 33. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY). A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Grantee during the Agreement term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the.E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.I.c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found online at http://www.dhs.gov/files/programs/gc_1185221678150.shtm C. Enrollment in E-Verify. If Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E- Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 61 FWC Agreement No. 172 E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of -supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Agreement believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A. 36. ENTIRE AGREEMENT. T This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the 0 Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, E unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; W Q GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 62 FWC Agreement No. 172 this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. ST. LUCIE COUNTY SIGNATURE Name: Title: Date: Attachments in this Agreement include the following: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: SIGNATURE Attachment A Scope of Work Attachment B Requirements of the Federal and Florida Single Audit Act Exhibit 1 Federal and State Funding Detail Attachment C Cost Reimbursement Contract Payment Requirements Attachment D Site Dedication Form Attachment E Sample Invoice Form Attachment F Progress Report Form Attachment G Certification of Completion GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Pa Packet Pg. 63 8.C.1.b Attachment A — SCOPE OF WORK Project Name: St Lucie County: Fisherman's Wharf Boat Ramp FWC Contract No. 17208 and Parking Improvements 1. PROJECT DESCRIPTION A. Purpose and Project Benefits: This project is for the design, engineering, and permitting to widen the existing launch lanes, install safer and ADA compliant boarding docks for boaters and expand parking for boat trailers. B. Term of Agreement: The term of the Agreement includes two phases: Phase I, Project Construction, and Phase II, Project Site Management. During Phase I, the Grantee shall complete the tasks and provide the deliverables described in this Scope of Work. All Phase I activities must be completed by June 30, 2019. During Phase II, which includes the remaining term of the Agreement, the Grantee shall maintain the project sites as recreational boating access facilities open to the public on a first -come, first -served basis. 2. DELIVERABLES A. Design & Engineering to widen the existing launch lanes, replace bulkhead at the boat ramp, construction of an ADA compliant, fixed -floating boarding dock, and improve trailer parking at the facility. i. Tasks: a. Conduct a complete survey of the site, including parking, boat ramp, and fifty (50) feet into the water past the ramp edge. The survey will also identify structures both above and below ground, including utilities and drainage. b. Conduct up to two geotechnical borings up to forty (40) feet from sediment depth for wall design at the side of the ramp. c. Complete final construction plans for widening the boat ramp launch lanes, replacing the bulkhead at the boat ramp, and the parking redesign for turning and launching, create ADA compliant boarding dock. ii. Documentation Used as Evidence of Performance: The Grantee shall provide to the Commission copies of the bathymetric survey, the geotechnical analysis, and final construction documents on a CD in Adobe Acrobat .pdf file format or printed on paper no larger than 11 inches by 17 inches. B. Permits: The Grantee shall apply for all required federal, state and local permits. i. Prepare and submit applications with Florida Department of Environmental Protection (FDEP), Army Core of Engineers (ACOE), Southwest Florida Water Management District (SWFWMD), and any other required local permits. ii. Documentation Used as Evidence of Performance: The Grantee shall provide to the Commission copies of all federal and state permits, or a copy of the final action by the permitting agency if no permit is issued. 3. PERFORMANCE A. Commencement of Work: The Grantee shall commence work on Phase I of the Project within 90 days of execution of the Agreement. Failure by the Grantee to begin work shall constitute a 00 breach of the Agreement and may result in termination of the Agreement by the Commission. E r Page 1 of 5 Q Packet Pg. 64 8.C.1.b Attachment A — SCOPE OF WORK Project Name: St Lucie County: Fisherman's Wharf Boat Ramp FWC Contract No. 17208 and Parking Improvements B. Criteria for Evaluating Successful Completion: The Grantee shall complete the project as described in this Scope of Work and Florida Boating Improvement Program Application 17-40, incorporated herein by reference, according to the approved bid specifications. Failure to complete the project in a satisfactory manner could result in financial consequences as specified herein. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations or commencing any work. The Commission's Grant Manager shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The Grantee shall forward one copy of the bid tabulation, or similar list of responses to the solicitation, along with the award recommendation to the Commission's Grant Manager D. Acknowledgement: Upon completion of Phase I, the Grantee, at its expense, shall purchase, erect and maintain a permanent sign, not less than three (3) feet by four (4) feet in size, displaying the Commission's logo acknowledging the Commission and the Florida Boating Improvement Program as a funding source for the Project. Any other form of acknowledgement must be approved by the Commission's Grant Manager. Such acknowledgement shall be maintained for the duration of the Agreement. Failure by the Grantee to maintain such acknowledgement shall be considered a breach of the Agreement. The Grantee shall provide a draft copy of the acknowledgement sign for approval by the Commission prior to displaying on site. E. Directional Signs: The Grantee, at its expense, shall purchase, erect and maintain directional signs, approved by the Commission, on main public highways to direct public users to each boating facility funded through the Program regardless of which phase(s) the Program funded. The Grantee agrees to provide and maintain such signs at its expense for the duration of the Agreement. Failure by the Grantee to erect and maintain such signs shall be considered a breach of the Agreement. This requirement can be waived by the Commission's Grant Manager, in writing, if the Grantee receives a written denial from the Florida Department of Transportation for the installation of the signs. F. Engineering: If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. G. Site Dedication: The Grantee agrees to dedicate the Project site as a boat access facility for the use and benefit of the public for the duration of the Agreement. Such dedication must occur before any grant funds are reimbursed. A Site Dedication Form is included as Attachment D as an example for form and content. Land under control other than by ownership by the Grantee (i.e. lease, management agreement, cooperative agreement, inter -local agreement or other similar instrument) shall be managed by the Grantee as a boat access facility for the duration of the Agreement. Title to all improvements shall be retained by the Grantee upon final payment by the Commission. Should the Grantee convert all or any part of the Project, to other than Commission approved uses within the term of the Agreement, the Grantee shall replace the area, facilities, resource or site at its own expense with a project acceptable to the Commission of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with E r Page 2 of 5 Q Packet Pg. 65 8.C.1.b Attachment A — SCOPE OF WORK Project Name: St Lucie County: Fisherman's Wharf Boat Ramp FWC Contract No. 17208 and Parking Improvements a like project acceptable to the Commission, the Grantee agrees to return to the Commission all funds tendered for the original Project. Site dedication survives any contract termination. If mutually agreed upon by both parties in writing, the site dedication may be rescinded. The Commission shall waive the site dedication requirement if no program funds were dispersed. H. Phase II, Project Site Management: During Phase II, the Grantee shall provide and be responsible for any and all costs associated with the ordinary and routine operations and maintenance of the project sites, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement. 4. FINANCIAL CONSEQUENCES Pursuant to 215.971(1)(c), Florida Statutes, the Commission will withhold payment of Program funds for failure to complete the Project as described herein within the timeframe allowed for Phase I, or for failure to correct any Project deficiencies, as noted in the final Project inspection. During Phase II of the Project, the Grantee shall repay any Program funds received for Phase I for failure to maintain the Project sites as public boating access facilities according to the terms and conditions herein for the duration of the Agreement. 5. COMPENSATION AND PAYMENT A. Compensation: For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $75,000 or 50%, whichever is less. The Grantee shall be reimbursed only for budgeted expenses incurred during the term of Phase I of the Agreement that are directly related to the project. There is no monetary compensation during Phase II. B. Travel Expenses: No travel expenses are authorized under the terms of this agreement. C. Invoice Schedule: The Grantee may submit a request for reimbursement after completion of each deliverable, as described herein, and acceptance of deliverables in writing by the Commission's Grant Manager. The final reimbursement request must be submitted within 30 days after completion of Phase I of the Project. The Commission shall have 45 working days to inspect and approve goods and services. D. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in accordance with Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Reference Guide for State Expenditures, attached hereto and made a part hereof as Attachment C. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be accompanied by a Certification of Completion, photographs to document project completion, an r Page 3 of 5 Q Packet Pg. 66 8.C.1.b Attachment A — SCOPE OF WORK Project Name: St Lucie County: Fisherman's Wharf Boat Ramp FWC Contract No. 17208 and Parking Improvements itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. 6. MONITORING A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission at its sole discretion determines that the Grantee failed to meet any of the Terms and Conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this Agreement or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the Termination section. B. Site Inspections: The Commission may inspect any Project site prior to and, if applicable, during the construction of the Project. The Grantee shall notify the Commission's Grant Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Grant Manager, or designee, shall inspect the wort: accomplished on the Project and, if deemed complete -and in compliance with the terms of the Agreement, approve the request for payment. The Grantee shall allow unencumbered access to any Project site to the Commission, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the Commission may request maintenance and use information from the Grantee to validate the condition of the facility. C. Project Progress Reports: The Grantee shall submit to the Commission, on a quarterly basis, project progress reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 151 of the month immediately following the reporting period until the Certification of Completion is submitted. 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 12 of the Agreement. 8. SUBCONTRACTS No additional requirements. Refer to Section 14 of the Agreement. 9. INSURANCE No additional requirements. Refer to Section 16 of the Agreement. c.i 00 10. SECURITY AND CONFIDENTIALITY E r Page 4 of 5 Q Packet Pg. 67 Attachment A — SCOPE OF WORK 8.C.1.b Project Name: St Lucie County: Fisherman's Wharf Boat Ramp FWC Contract No. 17208 and Parking Improvements No additional requirements. Refer to Section 20 of the Agreement. 11. RECORD KEEPING REQUIREMENTS No additional requirements. Refer to Section 21 of the Agreement. 12. NON -EXPENDABLE PROPERTY The Grantee is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY Refer to Section G, Site Dedication, above in Section 3, Performance. 14. SPECIAL PROVISIONS A. Certificate of Completion: Upon completion of Phase I, the Grant Manager for the Grantee shall sign a Certification of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the Agreement. B. Fees: The Commission reserves the right to review and approve any and all fees proposed for grant project sites, funded in whole or in part by this Program, for the term of the Agreement to ensure that excess collection does not occur and that funds collected are not reallocated or diverted to any non -boating access related purpose. c.i 00 r c m E r Page 5 of 5 Q Packet Pg. 68 8.C.1.b FWC Agreement No.17208 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on -site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Agreement, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local . government or a non-profit organization as defined in Sections 2.00.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,060.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Q Audit Requirements rev.06/01/2017 Page 1 of 6 Packet Pg. 69 8.C.1.b FWC Agreement No.17208 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to agreements with the Commission shall be based on the agreement requirements, including any rules, regulations, or statutes referenced in the Agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission agreement involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500- 200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each agreement with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in any fiscal year of such Grantee, the Grantee must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Agreement. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. r a Audit Requirements rev.06/01/2017 Page 2 of 6 Packet Pg. 70 8.C.1.b FWC Agreement No.17208 C. If the Grantee expends less than $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: htt-s:H/ pps.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse L Bureau of the Census 1201 East 10 " Street G Jeffersonville, IN 47132 3 3. Other Federal agencies and pass -through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the E r a Audit Requirements rev.06/01/2017 Page 3 of 6 Packet Pg. 71 8.C.1.b FWC Agreement No.17208 audit report, indicate the date that the Grantee received the audit report); copies of the reporting package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part II of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Agreement shall be submitted timely in accordance with OMB Sections 200.500- 200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment — r a Audit Requirements rev.06/01/2017 Page 4 of 6 Packet Pg. 72 8.C.1.b FWC Agreement No. 17208 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: 77.006 1 Florida CSFA Title Amount 75,000 Total State Awards 75 Audit Requirements rev.06/01/2017 Page 5 of 6 Packet Pg. 73 8.C.1.b FWC Agreement No.17208 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: .. CSFA # Compliance Requirements 77.006 Recipient must comply with Florida Boating Improvement Program ines. January 5 NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXHIBIT 1- Audit Requirements rev.06/01/2017 Page '6 of 6 Packet Pg. 74 8.C.1.b FWC Contract No. 17208 Attachment COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or U 06 submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. i.. r a August 2013 Page 1 of 1 Packet Pg. 75 8.C.1.b FWC Contract No. 17208 Attachment D 00 0 SITE DEDICATION N r This Site Dedication gives notice that the Real Property identified as described in Exhibit A, U Legal Description, attached hereto, (the "Property") has been developed with financial assistance provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission, under the grant program called the Florida Boating Improvement Program (FBIP). In accordance with Chapter 68-1.003, F.A.C., and the Program Guidelines of the FBIP, the Property is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. DEDICATOR Original signature Printed Name Title Date STATE OF FLORIDA COUNTY OF Witness Printed Name Witness Printed Naive The foregoing instrument was acknowledged before me this _ day of by produced Stamp: 20 who is personally known to me or who as identification. Notary Public, State of Florida Packet Pg. 76 FWC Contract No. 17208 8.C.1.b Attachment Billed to: Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Remit payment to: Grantee: FEID #: Address: INVOICE PROJECT COSTS: Invoice No. Invoice Date: FWC Contract #: Amount of Grant Award: $ Billing Period/Dates of Service: From: To: In -kind Services — Non -cash expenses: Amount In -kind service: Administration $ In -kind service: Project Management $ In -kind service: Other $ Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount $ $ $ LO LO N O O O O N M N ti O Total Project Cost: $ E R L Grantee Share ( %): — $ 0 Amount for Reimbursement: $ 3 1 hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in -kind or cash, were utilized toward the project in this Agreement. v r c m Signed: Date: Project Manager r Page 1 of 2 Q Packet Pg. 77 8.C.1.b FWC Contract No. 17208 Attachment FLORIDA BOATING IMPROVEMENT PROGRAM Partial Payment Request Form FWC Contract # FEID # Project Title: Payment No. Amount $ Brief Description — Project Summary: Dates of Service: Percentage of Completion: Describe below deliverables completed to document percentage of work completed for invoice submitted: Signature Title Date Page 2 of 2 Q Packet Pg. 78 8.C.1.b FWC Contract No. 17208 Attachment F FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Grantee: Project Title: Reporting Period (Month/Year): (Due 15 days after the end of each month) 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑ Anticipated Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ❑ Draft acknowledgement Project Manager Print Name Date Phone Page 1 of 1 Packet Pg. 79 FWC Contract No. 17208 8.C.1.b Attachment G I, representing FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Florida Boating Improvement Program CERTIFICATION OF COMPLETION STATEMENT (Print Name and Title) (Name of Local Government) do hereby certify that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above -named project has been satisfactorily completed under the terms of the Agreement. Division: By: Name: Title: Date: a Packet Pg. 80 8.C.2 ITEM NO. RES-2018-136 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Phillip Hied, Sr. Airport Project Manager Air & Sea Port DATE: 08/07/2018 *CONSENT AGENDA\AIR & SEA PORT Budget Resolution - Update Master Plan and Airport Layout Plan (ALP) Federal Aviation Administration (FAA) Board Acceptance of FAA Funding On May 2, 2017, the Board approved two Budget Resolutions, No. 2017-91 and 2017-90, related to the Update Master Plan and Airport Layout Plan project. This project will allow the Airport to remain in compliance with FAA regulations requiring the update of the Master Plan and Airport Layout Plan (ALP) every five (5) years. The project will help identify and support future development opportunities at the Airport. Project funding consists of an FAA 90% portion of up to $387,000, an FDOT 5% matching share of up to $20,000 and a local matching share of $22,795.03. The previous Master Plan and ALP update was completed in 2010. This project includes a significant amount of outreach and public engagement. PREVIOUS ACTION: Board acceptance of the FAA grant with RES 2017-90 and RES 2017-91 on 5/2/2017. Board acceptance of the FAA grant with RES 2016-141 on 9/16/2016. FINANCIAL IMPACT: Additional funds of $27,000 from the Federal Aviation Administration (FAA) will be made available in 140141-4220-331411-48001 pending Board approval; total FAA funding is $387,000. Florida Department of Transportation funding match of $20,000 is available in 140396-4220-334411-48001. Airport Local match funds of $20,000 are available in 140396-4220-334411-48001. Upon Board approval additional Airport Local match funds of $2,795.03 will be moved to account string 140396-4220-531000-48001 via line to line transfer #2018-0555. Total funding for project is $429,795.03. RECOMMENDATION: Staff recommends Board approval of this budget resolution to recognize the additional $27,000.00 FAA funds for the Update Master Plan and Airport Layout Plan project at the Treasure Coast International Airport. Packet Pg. 81 8.C.2 COMMISSION ACTION: Coordination/Signatures I ),�d ., . Aj b—aniefS. McIntyre, Xmy ttorney 8/1/2018 Jenn Hi I, Interim ffic of r, and B dget Direct r 7/2b/2018 Updated: 7/27/2018 3:57 PM by Katrina Slay Page 2 Packet Pg. 82 RESOLUTION 8.C.2.a 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 Federal Aviation Administration through a Joint Participation Agreement Grant, in the amount of the $27,000 as funding for the Update Master Plan & ALP Project at the Treasure Coast International Airport. 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 7th day of August, 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 140141-4220-331411-48001 FAA $27,000 APPROPRIATIONS 140141-4220-531000-48001 Professional Services $27,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Anthony Bonna XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 7TH DAY OF AUGUST 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY v) w Packet Pg. 83 8.D.1 ITEM NO. (ID # 5405) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney Sunshine Kitchen - FPUA Waterline Easement DATE: 08/07/2018 *CONSENT AGENDA\COUNTY ATTORNEY The Sunshine Kitchen will receive water services from the Fort Pierce Utilities Authority ("FPUA"). In order to finalize the connection, FPUA requires an easement for the location of the water lines. Attached to this agenda item is a proposed Easement which has been drafted for that purpose. PREVIOUS ACTION: On July 7, 2015, the Board of County Commissioners accepted a grant for $895,000 from the Economic Development Administration for the Sunshine Kitchen project. On March 28, 2017 , the Board awarded Bid No. 16-056 for the construction of the Sunshine Kitchen. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the easement to the Fort Pierce Utilities Authority for the Sunshine Kitchen, and authorize the Chair to sign the easement. COMMISSION ACTION: Packet Pg. 84 8.D.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/26/2018 Ho and Tipton, Count Administrato 7/27/2018 "// f)x -, L- Ho and Tipton, Count Administrato 7/27/2018 updated: 7/25/2018 12:29 PM by Heather Young Page 2 Packet Pg. 85 RETURN TO: Box 145 THIS INSTRUMENT PREPARED BY: 8.D.1.a EASEMENT PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBERS): 5 4m, 4& Um 4 %lie Pwdeasa, that the undersigned ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for and in consideration of the sum of One Dollar, to them in hand paid by the Fort Pierce Utilities Authority of the City of Fort Pierce, Florida (located at 206 South Sixth Street), a municipal corporation under the laws of the State of Florida, receipt whereof is hereby acknowledged, do hereby convey and grant to the City of Fort Pierce, Florida, for the use and benefit of the Fort Pierce Utilities Authority, the privilege and easement for the installation maintenance, operation, repair, replacement or renewal of their municipal -owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wit: See attached Utility Easement Legal Description Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the FPUA under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Easement, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. %a V44edd ?rf/�iez , the GRANTOR has caused these presents to be (� SeaE% executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this XXd day of XX, 2018. , 4mat: ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Printed Witness Signature Witness Signature Printed Witness Signature STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Frannie Hutchinson, Chair 2300 Virginia Avenue Fort Pierce, Florida 34982 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Frannie Hutchinson and XX known to me to be the Chair and Deputy Clerk, respectively, of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly bested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above - named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State last aforesaid this XX day of XX, A.D. 2018. Notary Signature Notary Printed Name G:\ACQ\WP\JoAnn\FORMS\FPUA Easement.doc Packet Pg. 86 8.D.1.b SKETCH AND DESCRIPTION OF A 10' WIDE WATERLINE EASEMENT DESCRIPTION Being a parcel of land located in Quad IA of the Treasure Coast Research and Education Park - Core Campus plat as recorded in plat book 68 page 28 of the public records of St. Lucie County, Florida, being more fully described as follows: Commencing at the southeast corner of Section 14, Township 35 South, Range 39 East; Thence along the south line of said Section 14, S 89°4645" W a distance of 85.50' to its intersection with the east line of said Treasure Coast Research and Education Park - Core Campus plat; Thence N 00°11'08" W a distance of 104.S0' to the northeast corner of Tract RW-1 as 0' 200' shown on said plat of Treasure Coast Research and Education Park - Core Campus plat; Thence along said north line of Tract RW-1, S 89°4645" W a distance of 511.88', Thence N 00°13'15" W a distance of 239.74' to the POINT OF BEGINNING; Thence N 85*11'10" W a distance of 63.08, Thence N 54"4648" W a distance of 56.52; Thence N 45°04'03" W a distance of 230.28', Thence 5 45°00'00" W a distance of 5.00, Thence N 45°00'00" W a distance of 10.00'; Thence N 45'00'00" E a distance of SCALE: 5.00'; Thence N 45°00'00" IN a distance of 69.24, Thence N 00°10'57" W a distance of 81.76',• Thence S 89'21'47" W a distance of 304.64' to its intersection with the east right of way line of Exploration Parkway as shown on Treasure Coast Research and Education Park - Core Campus plat, Thence along said east right of way line, N 00°34'50" W a distance of 10.00, Thence N 89"21'47" E a distance of 304.74; Thence N 00°09'16" E a distance of 22.32',• Thence S 89°50'44" E a distance of 10.00, Thence S 00°09'16" W a distance of 27.24; Thence 5 00°10'57" E a distance of 82.66; Thence S 45°00'00" E a distance of 71.16; Thence S 45°04'03" E a distance of 233.38, Thence 5 54'4648" E a distance of 52.96, Thence S 85'11'10" E a distance of 60.36' Thence S O4'48'50" W a distance of 10.00' to the POINT OF BEGINNING. SURVEYOR NOTES • This is not a boundary survey. • The above legal description was prepared by the undersigned surveyor and mapper. • Bearing base is the north line of Tract RW-1. Bearing being 5 89°46'45" W. • The sketch and legal was prepared from as-builts performed and provided by Kimley-Horne. Document No. 12-VVV-5-R. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this 17th day of July, 2018, is true and correct to the best of my knowledge and belief, and meets the Standards of Practice set forth by the Florida Board of Surveyors and Mappers in Chapter 5J-17.052, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. 1"=2001 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID '.ENSE�, 'URVEYOR AND MAPPER ROD REED PROF`,SSIONAL SURVEYOR AND MAPPER STATF OF FLORIDA NO. 3916 SKETCH AND LEGAL DESCRIPTION OFA 10'WATERLINE EASEMENT BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLIC WORKS DEPT., ENGINEERING DIVISION SURVEY SECTION 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34982 TELEPHONE 462-1707 SKETCH 07117ME CHK, RR oR�.wN RR a Packet Pg. 87 ITEM NO. RES-2018-138 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 08/07/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - City Electric Supply Company Qualified Target Industry and Job Growth Incentive Grant Agreement Pursuant to Section 125.045, Florida Statutes the County has broad power to expend public funds to attract and retain business enterprises. County and City of Port St. Lucie staff, along with the staff of the Economic Development Council, have been working with City Electric Supply Company ("CES") to facilitate the expansion of its existing business in St. Lucie County. CES is one of St. Lucie County's Targeted Industries and been a leader in the electrical supply industry in St. Lucie County for over 30 years. CES has identified vacant land in the Tradition Commerce Park for potential expansion. The expansion will include over 400,000 square feet of new industrial space and result in the creation of 50 new jobs at an average hourly wage in excess of the County's average hourly wage ($16.82 per hour). A recent recalculation has revised the company's baseline employment figure from 222 to 210. Accordingly, the State has requested that the County reaffirm the provisions of Resolution 17-267 to incorporate the new baseline employment figure. The attached resolution reaffirms the request that CES be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes, which will enable it to receive a tax refund from the State of Florida, in recognition of the expansion of its business as a major economic driver on the Treasure Coast. The resolution also provides for local financial support in the amount of $50,000.00 as required by Section 288.106. A revised Job Growth Incentive Grant Agreement is also attached. This is intended to replace the JGIG Agreement previously approved by the Board which has not been fully executed. Pursuant to the agreement, the number of new jobs to be created (50) and the average hourly wage are unchanged ($17.37), but the baseline has been revised to 210 employees and Year One of the job creation deadline has been clarified as December 31, 2021. Subject to continued compliance with the terms of the Agreement, CES will be eligible for a Job Growth Incentive Grant in an amount up to ninety-seven thousand five hundred and 00/100 dollars ($97,500.00) to be paid out over an eight year period. PREVIOUS ACTION: Packet Pg. 88 On October 17, 2017, the Board adopted Resolution No. 2017- 242 setting forth certain economic development incentives offered to City Electric Supply Company. On December 5, 2017, the Board adopted Resolution No. 17-287 recommending City Electric be approved as Qualified Target Industry business pursuant to Section 288.106, Florida Statutes, and providing for local financial support. At the same meeting, the Board also approved the proposed Job Growth Incentive Grant Agreement for the company. FINANCIAL IMPACT: The $97,500 for the Job Growth Incentive Grant Agreement, which includes $50,000 for Qualified Targeted Industry is available in the Job Growth Investment Grant account 001-5215-582000-500. RECOMMENDATION: Staff recommends that the Board adopt the amended Qualified Target Industry resolution, approve the revised Job Growth Incentive Grant Agreement, and authorize the Chair to sign the resolution and the agreement. COMMISSION ACTION: Coordination/Signatures Danie, s. McIntyre, County ttorney 7/26/2018 �i .13y er, De y County Administrator 7/30/2018 Ho and Tipton, Count Administrato 7/30/2018 Updated: 7/30/2018 8:28 AM by Alvin Hall Page 2 Packet Pg. 89 8.D.2.a RESOLUTION NUMBER 18-XX A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA BY THE BOARD OF COUNTY COMMISSIONERS, AMENDING AND RESTATING RESOLUTION NO. 17-267, RECOMMENDING CITY ELECTRIC SUPPLY COMPANY BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AFFIRMING THIS IS A MANUFACTURING PROJECT; REQUESTING A WAIVER OF THE AVERAGE WAGE REQUIREMENT OF SECTION 288.106(4)(b)1.a, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Electric Supply Company is an electrical manufacturing business located in St. Lucie County with over thirty (30) years in the industry and an employment base of 210 employees, and WHEREAS, City Electric Supply Company is seeking to expand its operations with a new facility to be constructed at the Tradition Commerce Park in Port St. Lucie. This facility will encompass in excess of 400,000 square feet of space and employ an additional 50 new employees at an average wage of at least $36,129.00 ($17.37 hourly wage). The company's expansion will increase its existing contributions to the community with additional direct and indirect effects to our small businesses; provide additional ad valorem taxes to the County; and job creation for County residents; and, WHEREAS, City Electric Supply Company plans to expand operations with a new facility, retaining 210 jobs and the creation of 50 new jobs in St. Lucie County (year 1:10, Year 2: 8, Year 3:12, Year 4:10, and Year 5:10); and, WHEREAS, City Electric Supply Company has been identified as a Target Industry Business; and, WHEREAS, City Electric Supply Company intends to locate in a facility at Tradition Commerce Park in Port St. Lucie; and, WHEREAS, as a manufacturing project, City Electric Supply Company is eligible to receive a waiver of the average wage requirement as authorized by Section 288.106(4)(b)1.b, Florida Statutes; and, WHEREAS, City Electric Supply Company will commit to pay an average annual wage of at least $36,129.00 which is 100% of the St. Lucie County average wage; and, WHEREAS, City Electric Supply Company hereby acknowledges that local financial support of 20% of the total tax refund is required under the provisions of Section.288.106, Florida Statutes, governing the State's Qualified Target Industry Tax Refund Program; and, WHEREAS, on December 5, 2017, the Board of County Commissioners adopted Resolution 17-267 which made the above findings with regard to City Electric Supply Company but with a stated baseline employment of 222 jobs; and, Packet Pg. 90 8.D.2.a WHEREAS, based upon recent recalculations, it is necessary to amend the baseline employment from 222 jobs to 210 jobs and reaffirm the recommendations and commitment made in Resolution No. 17-267. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: A. The Board hereby recommends City Electric Supply Company be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. B. The Board requests a waiver of the average wage requirement of Section 288.106(4)(b)1.a, Florida Statutes, because the manufacturing industry is a major economic driver in the Treasure Coast region. The economic significance of manufacturing in the Port St. Lucie MSA is over 6,200 private sector jobs and over 350 firms. The Port St. Lucie MSA currently has an unemployment rate of 4.0%, with a high percentage of entry level talent for this industry. The waiver will allow City Electric Supply Company to move forward with the hiring of 50 new employees and provide customized and proprietary training. C. A cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for City Electric Supply Company in the amount of $50,000.00. This amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent local financial support pursuant to Section 288.106, Florida Statutes. D. This resolution shall take effect immediately upon its adoption. After motion and second, the vote on the resolution was asfollows: Chair Frannie Hutchinson XX Vice Chairman Linda Bartz XX Commissioner Chris Dzadovsky XX Commissioner Anthony Bonna XX Commissioner Cathy Townsend XX PASSED DULY ADOPTED on this 7th day of August, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney 2 Packet Pg. 91 8.D.2.b JGIG 18-001 (FORMERLY JGIG 17-005) ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the day of August, 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and CITY ELECTRIC SUPPLY COMPANY, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "COMPANY", whose Federal I.D. number is 59-2279498. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and, WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and, WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and, WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and, WHEREAS, the COMPANY will agree to expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and, WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and, WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S attainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to the COMPANY pursuant to the terms of this Agreement. i Packet Pg. 92 8.D.2.b NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - Includes the hourly cost of wages, bonuses, and commissions paid by the COMPANY to its employees, but does not include employee benefits. The Top Two Executive salaries as defined in this Agreement shall not be included in the computation of the average hour wage calculations. b. "Base Period for Hourly Wage level and Job Creation" - As set forth in the State of Florida Employer's Quarterly Report (RT-6A) for the quarter preceding the date of the Grant application. C. "Default" - Failure to comply with the terms of the Agreement. d. "Effective Date" — The date of execution of this Agreement by the COUNTY e. "Employer's Quarterly Report Form RT-6" - COMPANY's State of Florida Employer's Quarterly Report Form RT-6A provided to the COUNTY in conjunction with the execution of this Agreement, and thereafter as required pursuant to this Agreement. f. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a ten percent (10%) increase in employment. g. "Full-time Equivalent Job" - Shall be calculated by total payroll hours per year divided by 52 weeks and then divided by 35 hours. h. "JGIG" - Shall mean Job Growth Investment Grant. "New Business" - A business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. Research Firm — A company that employs 50% or more of their workforce in the development of new products, refinement of existing products, testing of products, development of new scientific information and others to be defined. k. "St. Lucie County Average Hourly Wage" — At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by State of Florida Department of Labor, Workforce Development Board, or Enterprise Florida, Inc. 2 Packet Pg. 93 8.D.2.b 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage of not less than $17.37 per hour annually for those new jobs which are eligible for Grant hereunder. This per hour wage will be adjusted on the third and six anniversaries of the Effective Date of this Agreement for wage rate inflation based upon the percentage change in the Consumer Price Index ("CPI Index") between the date of this Agreement and the third anniversary and sixth anniversary the Effective Date of this Agreement. The target wage rate will then be multiplied by the percentage change in the CPI Index in order to determine the new target wage rate on the third anniversary and sixth anniversary of this Agreement. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the new jobs meets the average rate of $17.37 per hour during the first three years of the Agreement, and as adjusted as defined above in year three and year six. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form RT6) including hours worked per month, total number of employees, gross wages paid in the quarter and total hours and wages for the Top Two Executive wages for the quarter previous to the JGIG Application Date. The Top Two Executive wages are defined as the wages paid to the two (2) highest paid employees working in St. Lucie County on a wage basis. The COMPANY will provide the hours and wage dollars for the Top Two Executives for each reporting period. Each quarter after the approval of the JGIG, the COMPANY must provide this information to the COUNTY when filing its Employer's Quarterly Report (Form RT6). The first report after the Effective Date may include only a partial quarter due to the approval timing. The base period or adjusted base period at three (3) years or six (6) years will be subtracted from the current twelve (12) month report to calculate the net growth in hours and wages during the year. The net wages will be divided by the net hours to compute the average hourly wage rate, which amount shall then be compared to the adjusted targeted minimum hourly wage level in order to determine whether the COMPANY has met its hourly wage level commitment. The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of fifty (50) new Full -Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "A" attached hereto and made a part hereof. These new jobs will be phased in on the following schedule, based on the job creation baseline of 210 employees, and `Year One' of the job creation schedule is recognized as December 31, 2021; Year One a minimum of 10 jobs, Year Two a minimum of 8 jobs, Year Three a minimum of 12 jobs, 3 Packet Pg. 94 8.D.2.b Year Four a minimum of 10 jobs, and Year Five a minimum of 10 jobs. To obtain the Grant amount for the jobs created, the annual calculation of jobs created must meet or exceed the minimum job levels set forth above and meet the hourly wage requirements. The annual calculation of the incremental jobs created by the COMPANY will be determined by taking the Base Period quarterly reported hours and dividing by 455 (35 hours x 52 weeks x .25) to arrive at a full time employee count. The same calculation for the current year shall be made by taking the reported annual hours and dividing by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall then be subtracted from the current employee count in order to compute the number of jobs that the COMPANY created during the current year. If the COMPANY does not achieve the job creation goal stated within the Job Growth Investment Grant, but has achieved a minimum of at least 85% of the job creation goal for the period, then the JGIG amount will be recalculated for the scheduled year. The COUNTY will recalculate the Grant amount based on the actual job levels obtained, and shall pay the COMPANY the annual amount as recalculated, reduced by 50%. The COMPANY'S failure to achieve a minimum job creation of at least 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount that the COMPANY was scheduled to receive for that year, and such forfeited amount shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. 4. Term; Termination. This Agreement shall be effective upon the date of execution of this Agreement by both parties hereto, and shall automatically terminate twelve (12) years after the Effective Date unless terminated earlier by the COUNTY because of a default by the COMPANY; provided, however, the provisions of this Agreement shall survive the termination of this Agreement. 5. Grant Eligibility; Payment Schedule. a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG Funds shall be based on the payout schedule noted in paragraph 5 section b. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1st and March 31 st will be paid by May 15th after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1st and September 30th will be paid by November 15th after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form RT6), not coincide with the date that an eligibility determination is made; the COMPANY shall have the right to file a 0 Packet Pg. 95 8.D.2.b report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. b. Subject to continued compliance with the requirements of Paragraph 2 and 3 of this Agreement, the COMPANY is eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $97,500 which Grant shall be payable as follows: (1) Qualified Targeted Industry Tax Refund Local Financial Match: Year 1 - $2,500 Year 2 - $4,500 Year 3 - $7,500 Year 4 - $10,000 Year 5 - $10,000 Year 6 - $8,000 Year 7 - $5,000 Year 8 - $2,500 TOTAL $50,000 (2) Job Growth Investment Grant: Year 1 - $17,000 Year 2 $11,100 Year 3 - $12,000 Year 4 - $7,400 Year 5 - $0 Year 6 - $0 Year 7 - $0 Year 8 - $0 TOTAL $47,500 Year 1 of T#Fs the 5 8-year payout schedule-pe Gd will begin on January 1, 2019 2022, and will continue on January 1st of each year thereafter through the 5 8 year payment payout based on the payout schedule noted above. The COUNTY shall pay $1,950 per Full -Time Equivalent Job, or an amount equal to the JGIG job performance criteria not to exceed $1,950 per new job. 6. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 5 years after the last scheduled _JGIG payment. Should the Company relocate its business operations to a location outside of St. Lucie County before the agreed number of years have elapsed, all grant dollars paid to the COMPANY shall be paid back to the COUNT Y within a 120 day period. 5 Packet Pg. 96 8.D.2.b 7. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report RT6 of its business operations within St. Lucie County on the State Form RT6 as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. With the prior approval of the COUNTY, the COMPANY may submit a form substantially similar to the annual Employer's Quarterly Report (Form RT6), provided that information necessary to meet the requirements of this grant award is provided in a form acceptable to the COUNTY and the alternative form must be notarized and signed on Company letterhead. 8. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County, including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, real property improvements, site development, manufacturing equipment for the new and/or expanded facility, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 9. Default: Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its elected officials, officers, managers, servants and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, or its directors, officers, agents, servants or employees in the performance of any services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement will be held in the Circuit Court of St. Lucie County or in the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. Other than Hickey & Associates LLC, acting in its bona fide capacity as a third party site -selection consultant and advisor to the COMPANY, the COMPANY warrants that it 0 Packet Pg. 97 8.D.2.b has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain at least 85% of the job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; provided, however, that such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for any subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining the COUNTY'S written approval. 17. Conflict of Interest. The COMPANY 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 herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. 7 Packet Pg. 98 8.D.2.b m 19 Nntirac All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: To County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 To Company: Mr. Frank McShane City Electric Supply Company 660 N.W. Peacock Boulevard Port St. Lucie, FL 34986 Entire Agreement. With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by a written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida has made and executed this Agreement on behalf of the COUNTY, and the COMPANY has hereunto sets its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney N. Packet Pg. 99 8.D.2.b ATTEST: W. Glenn Dempsey, General Counsel (Corporate Seal) CITY ELECTRIC SUPPLY COMPANY BY: 0 Philip Flaherty, Chief Financial Officer Date Packet Pg. 100 8.D.2.b Exhibit A To the Job Growth Investment Grant Agreement between St. Lucie County and City Electric Supply Company Target: Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached — circle the qualified industry. Attachment Exhibit A — 1 Application Section Criteria: X Expansion New Business Relocation Employment Commitment: 50 of net new jobs (number) of net new jobs (number) of net new jobs (number) COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 260 Total number of employees (new and existing) expected during term of grant (Baseline: 210 existing employees) 50 New, full time employees (eligible for grant application) expected during term of grant 90% % of County residents $17.37 Average hourly wage of all employees to be employed by company $17.37 Current average hourly wage in St. Lucie County (per QTI approval/2016 Enterprise Florida Wage report) $38,000,000 Capital Investment Amount (Building improvements, equipment etc.) IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $75,000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: $15,000 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 200+ total new jobs (35% bonus) 10 Packet Pg. 101 8.D.2.b $3,750 $3,750 $22,500 $97,500 90% or more local hires — St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) Use of local contractors for construction activity* (5% bonus) Total Bonuses Total Grant (base amount + total bonuses) * Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. 11 Q Packet Pg. 102 8.D.2.b Exhibit A - 1 St. Lucie County Targeted Industries List MANUFACTURING FACILITIES Appliance Component Manufacturing Aquaculture Aviation & Aerospace Manufacturing Boat and Allied Products Mfg. Chemical Manufacturing Computer & Electronic Component Mfg. Computer & Electronic Product Mfg. Electrical Equipment Manufacturing Electromedical Apparatus Mfg. Fiber Optic Cable Manufacturing Food & Beverage Products Manufacturing Instruments for Measuring & Testing Elec. Laser Manufacturing Lens Manufacturing Machinery Manufacturing Pharmaceutical Manufacturing Power Distrib., Generation & Technology Printing & Related Support Activities Software Reproducing Surgical & Medical Instrument Mfg. Transportation Equipment Manufacturing Wood & Paper Product Manufacturing FINANCE & INSURANCE SERVICES Funds, Trust & Other Financial Vehicles INFORMATION INDUSTRIES Data Processing Services Film, Video/Electronic Media Production Information Services & Data Processing Music Publishing Satellite Communications Software Publishing Telecommunications CLEAN ENERGY Biomass Energy and Biofuels Fuel Cell and Hydrogen Technologies Ocean Energy Other Renewables Solar Energy PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES Bio-Medical & Bio-Science Computer Programming/Software Computer System Design Management, Scientific & Tech Services Nano Technology Professional, Scientific & Technical Research & Development Scientific & Technical Consulting Svc Simulation Training Testing Laboratories MANAGEMENT & DISTRIBUTION Distribution Centers Management Services National, International & Regional Hdqtrs ADMINISTRATIVE & SUPPORT SERVICES Technical Support Other industries may be considered by the Board of County Commissioners if the company can improve the quality of life within the community by creating new jobs and/or high wage jobs. 12 Packet Pg. 103 8.D.2.b Exhibit B To the Job Growth Investment Grant Agreement between St. Lucie County and City Electric Supply Company Company Identification and Information Application Code Number Effective Date Company Description Electrical Manufacturer Board Approval Date Local mailing address of company/ location of new business Tradition Commerce Park 13 Packet Pg. 104 8.D.3 ITEM NO. (ID # 5410) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Roy Hudson, Criminal Justice Coordinator Criminal Justice Division Byrne Memorial Justice Assistance Grant FY 2017 08/07/2018 *CONSENT AGENDA\COUNTY ATTORNEY The Florida Department of Law Enforcement anticipates an award from the U.S. Department of Justice for Federal Fiscal Year 16/17 in the amount of $98,828. These funds have been used in the past years by the Fort Pierce Police Department, Port St. Lucie Police Department and the St. Lucie County Sheriff's Office. PREVIOUS ACTION: In past years, the Byrne Grant supported a Crime Analyst for tracking Law Enforcement Technology, a Pharmaceutical Diversion Program and a Gang Abatement Program. FINANCIAL IMPACT: This is a Federal/State grant in the amount of $98,828.00 for all units of law enforcement/government within St. Lucie County(SLC). This grant does not require a match in cash or services. Upon receipt of the award, SLC will serve as the fiscal agent for the SLC Sheriff's portion of the grant. A budget will be established upon receipt of the award. RECOMMENDATION: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program. COMMISSION ACTION: Packet Pg. 105 8.D.3 Coordination/Signatures A Heather Young, Asst. County Attorney 8/1/2018 /Hard Tipton, Countf Administrato 8/1/2018 Updated: 8/1/2018 3:36 PM by Alvin Hall Page 2 Packet Pg. 106 8.D.3.a CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Ms. Petrina T. Herring Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: This letter provides notification that the St. Lucie County Board of Commissioners Y/ Accepts _ Declines to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program. I understand, for the purposes of the JAG Countywide Program, the county can only request and approve applications for eligible subrecipients. In order to meet eligibility requirements, the county, and each organization or agency identified through the 51 % planning process (as provided by Florida Administrative Code, Chapter 11 D-9.002), must be able to document compliance with the following requirements prior to receiving a subaward: • 2 C. F. R. Part 25—Universal Identifier and System for Award Management (SAM) Requirements 8 U.S.0 §1373—Communication Between Governments and the Immigration and Naturalization Service • 28 C.F.R. Part 42—Nondiscrimination; Equal Employment Opportunity; Policies and Procedures • 2 C.F.R. §200.318-326—Federal Procurement Standards • 2 C.F.R Part 200.300-309—Standards for Financial and Program Management For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal Justice Grants, the following individual is designated as County Coordinator for the county's FY17 JAG Countywide subawards: Name: Roy P. Hudson Title: Criminal Justice Coordinator Email: hudsonr stlucieco.or Phone: 772-462-1418 Agency: St. Lucie County BOCC Address: 2300 Virginia Ave. City: Fort Pierce Zip: 34982 I acknowledge and understand the responsibility placed upon the county to ensure grant funds are used for improving criminal justice and subawards, as identified through the 51% process, are only approved to eligible subrecipients. er�ly, Chair County Board of Commissioners Rule Reference 11 D-9.006 OCJG-024 (Rev. Aug 2017) Packet Pg. 107 8.D.3.b U.S. DEPARTMENT OF .JUSTICE OFFICE OF JUSTICE PROGRAMS FY 2017 Edward Byrne Memorial Justice Assistance Grant Program Certification of Compliance with 8 U.S.C. § 1373 by Prospective Subrecipient: Recipient State subaward to a local Government On behalf of the local government named below as the "prospective subrecipient," and in support of its request to the "Recipient State" identified below for a subaward from the grant awarded by the U.S. Department of Justice ("USDOJ") under the FY 2017 Edward Byrne Memorial Justice Assistance Grant Program ("the FY 2017 JAG Program"), I certify under penalty of perjury to the Recipient State, and also certify to USDOJ, that all of the following are true and correct: (1) 1 am the chief legal officer of the local government named below as the prospective subrecipient, and I have the authority to make this certification on its behalf. I understand that this certification will be relied upon as a material representation in any decision to make a subaward to the prospective subrecipient under the FY 2017 JAG Program. (2) 1 have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local government entities, -agencies, and -officials regarding information on citizenship and immigration status. I also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ("Abolition ... and Transfer of Functions"), pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security. (3) 1 (and also the prospective subrecipient) understand that if the prospective subrecipient receives a subaward under the FY 2017 JAG Program — (a) the subrecipient (and agencies or other entities thereof) must comply with 8 U.S.O. § 1373, throughout the period of performance for the subaward, with respect to any "program or activity" funded in whole or in part with the subaward; and (b) the subrecipient may not make a lower -tier subaward to a Slate or local government, or to a "public" institution of higher education, unless the subrecipient first obtains a certification of compliance with 8 U.S.C. § 1373 (on a form provided by USDOJ), properly executed by the chief legal officer of the jurisdiebon or educational institution that would receive it. (4) 1 (and also the prospective subrecipient) understand that, for purposes of this certification, "program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification that are defined In 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 34 U.S.C, § 10251(a)(2)). Also, I understand that neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a "locat government" (or an agency or other entity thereof) for purposes of this certification. (5) 1 have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both --- (a) the "program or activity" to be funded (in whole or in part) with the requested subaward; and (b) any prohibitions or restrictions potentially applicable to the "program or activity" to be funded with that subaward (if received) that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.G. § 1373(a) or (b), whether imposed by a State or local government entity, -agency, or -official. (5) As of the date of this certification, neither the prospective subrecipient nor any entity, agency, or official of the prospective subrecipient has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the "program or activity" to be funded in whole or in part with the requested subaward (which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of any planned subrecipient of a lower -tier subaward), and that deals with either— (1) a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a); or (2) a government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging information of the types (and with respect to the entities) described in 8 U.S.C, § 1373(b). I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.G. §§ 10271- 10273), and also may subject me and the prospective subrecipient to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 3801-3812). 1 also acknowledge that USDOJ awards of grant funds, including associated subawards, are subject to review by USDOJ, including by its Office of the Inspector General. St. Lucie County Qoard of mmissioners Florida (FDLE) Local government that is the "prospective subrecipient" of a Recipient State from whi subaward of funds from the FY 2017 JAG Program seeks a subaward under Signature of chief legal officer of the prospective subrecipient County Attorney Title of chief legal officer of the prospective subrecipient Printed Date of re .r a Packet Pg. 108 8.D.3.c U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS FY 2017 Edward Byrne Memorial Justice Assistance Grant Program Certification of Compliance with 8 U] &C. § 1373 by Prospective Subrecipient: Recipient Local Government subaward to another Local Government On behalf of the local government named below as the "prospective subrecipient," and in support of its request to the "Recipient Local Government" identified below for a subaward from the grant awarded by the U.S. Department of Justice ("USDOJ") under the FY 2017 Edward Byme Memorial Justice Assistance Grant Program ("the FY 2017 JAG Program"), I certify under penalty of perjury to the Recipient Local Government, and also certify to USDOJ, that all of the following are true and correct: (1) l am the chief legal officer of the local government named below as the prospective subrecipient, and I have the authority to make this certification on its behalf. I understand that this certification will be relied upon as a material representation in any decision to make a subaward to the prospective subrecipient under the FY 2017 JAG Program. (2) 1 have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local government entities, -agencies, and -officials regarding information on citizenship and immigration status. I also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ("Abolition ... and Transfer of Functions"), pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security. (3) I (and also the prospective subrecipient) understand that if the prospective subrecipient receives a subaward from the Recipient Local Government under the FY 2017 JAG Program — (a) the subrecipient (and agencies or other entities thereof) must comply with 8 U.S.C. § 1373, throughout the period of performance for the subaward, with respect to any "program or activity" funded in whole or in part with the subaward; and (b) the subrecipient may not make a lower -tier subaward to a State or local government, or to a "public" institution of higher education, unless the subrecipient first obtains a certification of compliance with 8 U.S.C. § 1373 (on a form provided by USDOJ), properly executed by the chief legal officer of the jurisdiction or educational institution that would receive it. (4) 1 (and also the prospective subrecipient) understand that, for purposes of this certification, "program or activity" means what it means under title Vl of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification that are defined in 8 U.S.C, § 1101 mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 34 U.S.C. § 10251(2)(2)). Also, I understand that neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a 'local government" (or an agency or other entity thereof) for purposes of this certification. (5) 1 have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both --- (a) the "program or activity" to be funded (in whole or in part) with the requested subaward; and (b) any prohibitions or restrictions potentially applicable to the "program or activity" to be funded with that subaward (if received) that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a State or local government entity, -agency, or -official. (6) As of the date of this certification, neither the prospective subrecipient nor any entity, agency, or official of the prospective subrecipient has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the "program or activity" to be funded in whole or in part with the requested subaward (which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of any planned subrecipient of a lower -tier subaward), and that deals with either— (1) a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a); or (2) a government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging information of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b). I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, andlor 34 U.S.C. §§ 10271- 10273), and also may subject me and the prospective subrecipient to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 3801-3812). 1 also acknowledge that USDOJ awards of grant funds, including associated subawards, are subject to review by USDOJ, including by its Office of the inspector General. r. St- Lucie ('oluntay- Board of County Comm issmoners St. Lucie Count Sheriffs Office Local government that is the "prospective subrecipient' of a Recipient Local Government from wh t ective subaward of funds from the FY 2017 JAG Program subrecipient seeks a subaward de d` 7 JAG Program DanieVS. Mclnt r Signature of chief legal officer of the prospective subrecipient Printed name of 0io legal cftcer bf the pro a ive subrecipient County Attorney l Title of chief legal officer of the prospective subrecipient Date of certifi�afio f Packet Pg. 109 8.D.3.d OF COUNTY COMMISSIONERS July 24, 2018 Ms. Petrina T. Herring Bureau Chief Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: FRANNIE HUTCHINSON Chair In compliance with State of Florida Rule 11 D-9, F.A.C., the St, Lucie County Board of County Commissioners approves the distribution of the $98,828.00 for the Federal Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant Program (JAG) — Countywide funds for the following projects within St. Lucie County: Subgrantee Dollar Amount City or County Title of Project Federal Funds St. Lucie County Mobile Field Force Training Program $32,943 City of Ft. Pierce Gang Abatement and Reduction "XV" $32,942 City of Port St. Lucie Law Enforcement Technology $32,943 Sincerely, Frannie Hutchinson Chair, St. Lucie County Board of County Commissioners CHRIS DIADOVSKY, District No.1 • ANTHONY BONNA, District No. 2 • LINDA BARTZ, District No, 3 • FRANNIE HUTCHINSON, District No. 4 County Administrator, Howard N. Tipton 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772)462-1156 TDD (772)462-1428 • Fax (772)462-2131 • email: STIADIEM@stlucieco.or; website: www.stlucieco.org CATHY TOWNSEND, District No. 5 Packet Pg. 110 8.D.4 ITEM NO. (ID # 5414) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney Paula A. Lewis Branch Library Roof Repair DATE 08/07/2018 *CONSENT AGENDA\COUNTY ATTORNEY In June 2013, the County purchased the building at 2950 Rosser Boulevard from the City of Port St. Lucie. The building was formerly a Port St. Lucie Police Substation. The County remodeled and re -purposed the building into a new branch library. Bid No. 16-003 was solicited for replacement of the roof for the building. On January 20, 2016, the Board awarded the bid to Therma Seal Roof Systems, LLC. Therma Seal Roofs Systems, LLC replaced the roof. Bid No. 16-015 was solicited to remodel the facility. On June 7, 2016, the Board awarded Bid No. 16-015 to Anatom Construction Company to renovate the building. During the renovation, a sub -contractor to Anatom removed the old air conditioning units from the roof. The units were dismantled on the roof and dragged across the new roof surface to the edges of the roof. Fluids leaked from the old A/C units while they were dragged across the roof. As a result the roof was damaged. The roofing system installed by Therma Seal Roof Systems, LLC was a Johns Manville Roofing Systems ("JM"). JM suspended the warranty due to the damage. County staff have been working with the contractor and JM to determine an acceptable repair to the roof that will reinstate the County warranty. Several site visits have taken place by JM representatives. Attached is a report from JM. The report provides that in order to maintain the guarantee the following work must be completed in a timely fashion: All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12" patch past the test cut in all directions. All existing flashings need to be removed (wall, penetrations, curbs, drains). Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FR set in MBR Utility Cement. Packet Pg. 111 8.D.4 The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6" o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress and final inspection will be scheduled. JM has required that the above deficiency must be corrected within sixty (60) days from July 19, 2018. JM provided the name of the approved JM repair contractor for St. Lucie County. The approved repair contractor is Therma Seal Roof Systems, LLC ("Therma Seal"). Staff contacted Therma Seal and received the attached service proposal on July 25, 2018. Therma Seal proposed to furnish all material, labor, supervision and equipment to complete the above mentioned scope of work, in accordance with all specifications for the sum of $67,000.00. Staff has thirty (30) days from date of proposal to accept the proposal. Therma Seal notified the County that Therma Seal needed approval by August 6, 2018 in order to complete repair work within the time frame required by JM. Since the August 6 date is prior to the Board's August 7 meeting, the County Administrator approved an emergency contract with Therma Seal to perform the repair work. The County has $182,124.18 in retainage from Bid No. 16-015, Paula A. Lewis Branch Library Building Renovations awarded to Anatom Construction Company. The County is requesting to pay Therma Seal Roof Systems from this retainage. Per section 8.1(a)(2) of the Purchasing Manual, "if there is only a single source for goods and service, a waiver of formal sealed bids may be requested." To reinstate the warranty, JM is requiring all work be performed by a JM approved repair contractor. JM has stated that Therma Seal Roof Systems, LLC is the JM approved repair contractor for our area. PREVIOUS ACTION: Architectural Services Contract Award to Edlund, Drittenbas, Binkley Architects and Associates, P.A. on September 2, 2014. Roof Replacement Bid Award to Therma Seal Roof Systems, LLC on January 26, 2016. Award of Bid No. 16-015 Paula A. Lewis Branch Library Building Renovation, June 7, 2016, Anatom Construction Company. FINANCIAL IMPACT: Repair proposal states a cost of $67,000. Retainage funds of $182,124.18 are available in account #205100, program #137608 in the following funds: Fund 001, $3,190 ; Fund 310206, $50,000 ; and Fund 310001, $128,934.18 to pay for repair. RECOMMENDATION: Staff recommends the Board approve the bid waiver and sole source determination for Therma Seal to repair the Paula A. Lewis Branch Library roof. Staff is also recommending that the Board ratify and approve the emergency contract with Therma Seal signed by the County Administrator. updated: 8/1/2018 9:31 AM by Alvin Hall Page 2 Packet Pg. 112 COMMISSION ACTION: Coordination/Signatures Heather Young, Asst. County Attorney 8/1/2018 Ho and Tipton, Count Administrato. 8/1/2018 Updated: 8/1/2018 9:31 AM by Alvin Hall Page 3 Packet Pg. 113 8.D.4.a July 19, 2018 Guarantee Nbr: ANM147314886 Case Tracking Nbr: 00510504 Completion Date: 7/25/2016 Term: 20 Year Squares: 298 Spec: 3FID Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Dear Building Owner: Building Owner St. Lucie County, Florida 2300 Virginia Ave Fort Pierce, FL 34982 Your roof system is a significant investment that, like other assets exposed to the elements, requires periodic, routine inspections, service and maintenance. Recently, Johns Manville (JM) conducted a roof inspection on the above referenced property. Please note below the roof deficiencies/repairs. These deficiencies/repairs and any resulting impact upon the roofing system are not covered under the express terms and conditions of the JM Guarantee. As such, they are your responsibility to correct/address. Deficiencies/repairs that are the responsibility of the Owner: The purpose of today's site visit was to review existing JM SBS Roofing System conditions with Building Owner's representatives to assess condition of roof where mechanical remodeling has occurred after roof was installed. This roof has been already inspected twice by JM after installation to assess the same conditions (3/10/2017 & 9/5/2017). Building owner has not yet repaired the roof. However, they have performed multiple core cuts to investigate contamination in roofing membrane. This work have been done by Anatom. • Notes from 3/10/2017 site visit Removal of large AC units from roof. The units were dismantled on the roof, and dragged across the roof surface to the edges of the roof where the units were lowered to the ground. Today, the areas of contamination are still prevalent and the cap sheet shows signs of pre- mature deterioration. (granulates loss, softening of the membrane). This condition exists along the cricket valleys along the west elevation of the high roof and around the remaining mechanical curbs. There is also two locations at the low roof at the northwest elevation that are affected due to lowering of the mechanical units from the high roof to the low roof section to then be lowered to the ground. • Notes from 9/5/2017 site visit In order to bring this roof into warrantable condition, the affected areas will require an overlay of cover board 1/2" Securerock mechanically fastened preliminary attachment through the existing system into the metal deck, then receive new modified bitumen base and cap sheet. Mechanically fastened Dynafast 1805 fastened in the lap seam then the seam is welded to conceal the fasteners. Torch applied Dynaweld FR cap sheet. Packet Pg. 114 8.D.4.a Extend the base and cap sheet over to the bottom edge of the cant strip along all walls and around curbs and penetrations. Apply Permaflash and scrim three course fashion over all intersecting edges insuring that the Permaflash and scrim overlap 4" on to the adjacent membranes and 4" back on to the new cap sheet. Allow Permaflash to cure then apply layer of Permaflash over the bead and broadcast granulates into the wet PermaFlash material. In order to maintain the guarantee the following work must be completed in a timely fashion • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. - • All existing flashings need to be removed (wall, penetrations, curbs, drains). =` • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FIR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final inspection will be scheduled. You must correct these deficiencies within sixty (60) days of the date of this letter. As outlined in the JM Guarantee, any roof -related work must be performed by a JM Approved Repair Contractor. After the noted repairs have been made, please have the repair contractor sign the attached report, provide proof Q of repairs and send the same to Case Resolution at the address below. All completed repairs will be inspected to the full and sole satisfaction of JM. a If JM does not receive confirmation of a contractor's satisfactory completion of the noted work within sixty (60) days from this letter, then (without further notice to you) JM will change the JM Guarantee status to "Suspended". To better facilitate this process, JM is providing the following JM Approved Repair Contractor in your area. 0 THERMA SEAL ROOF SYSTEMS LLC Phone: 1-561-223-2096 1421 OGLETHORPE ROAD Fax: 1-561-444-2272 is WEST PALM BEACH, FL 33405 If you have or prefer a different contractor to perform the work, or have a question relating to a contractor's approval status, please contact Case Resolution. E In the event that this letter has been delivered to the wrong person, please forward to the appropriate L) individual. r Q Thank you for using Johns Manville products and services. If JM can be of any further assistance, please do not hesitate to contact us. Case Resolution Johns Manville Roofing Systems 10100 W. Ute Ave I Mailstop R-15 1 Littleton, CO 80127 roofleaksQim.com 1800.922.5922, Option #1 1 Fax: 303.978.4545 Packet Pg. 115 8.D.4.a DISCLAIMER: Johns Manville is a manufacturer of commercial roofing products and offers this general conceptual information to you as a courtesy. This complimentary assistance is not to be used or relied upon by anyone as a substitute for professional engineering design and documentation required by building code, contract or applicable law. By accepting these comments you agree they do not constitute any representation, endorsements of. or an assumption by Johns Manville of any liability for either the adequacy of the design of this building or any other material not supplied by Johns Manville. Packet Pg. 116 8.D.4.a ✓"1 Johns Manville Guarantee Number: ANM147314886 Inspection Date: July 17, 2018 Inspected By: Juan Betancur Job Name: Rosser Library Primary Roof Type: SBS Squares: 298 Case Tracking Number: 00510504 Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Roof Leaking: Contractor Claims Specialist: Site Visit Report - GSR Building Owner St. Lucie County, Florida 2300 Virginia Ave Fort Pierce, FL 34982 (724) 621-4302 Yes THERMA SEAL ROOF SYSTEMS LLC Steve Coughlin Site Visit: Weather Conditions: Owner / Site Contact Present: Owner / Site Contact Name: Contractor Present: Contractor Representative: Others Present: Owner Advised of Findings: 90 Degrees & Partly Cloudy Yes No • James Clasby — SLC Project Manager... No Packet Pg. 117 8.D.4.a Field Report: Owner's Comments: Mr. James Clasby with St. Lucie County wants JM to take a third look to the existing JM SBS Roofing System conditions. The roofing system sustained detrimental damages cause by human activity. Recommendations / Scope of Work Owner maintenance items noted: The purpose of today's site visit was to review existing JM SBS Roofing System conditions with Building Owner's representatives to assess condition of roof where mechanical remodeling has occurred after roof was installed. This roof has been already inspected twice by JM after installation to assess the same conditions (3/10/2017 & 9/5/2017). Building owner has not yet repaired the roof. However, they have performed multiple core cuts to investigate contamination in roofing membrane. This work have been done by Anatom. • Notes from 3/10/2017 site visit Removal of large AC units from roof. The units were dismantled on the roof, and dragged across the roof surface to the edges of the roof where the units were lowered to the ground. Today, the areas of contamination are still prevalent and the cap sheet shows signs of pre -mature deterioration. (granulates loss, softening of the membrane). This condition exists along the cricket valleys along the west elevation of the high roof and around the remaining mechanical curbs. There is also two locations at the low roof at the northwest elevation that are affected due to lowering of the mechanical units from the high roof to the low roof section to then be lowered to the ground. • Notes from 9/5/2017 site visit In order to bring this roof into warrantable condition, the affected areas will require an overlay of cover board 1/2" Securerock mechanically fastened preliminary attachment through the existing system into the metal deck, then receive new modified bitumen base and cap sheet. Mechanically fastened Dynafast 180S fastened in the lap seam then the seam is welded to conceal the fasteners. Torch applied Dynaweld FR cap sheet. Extend the base and cap sheet over to the bottom edge of the cant strip along all walls and around curbs and penetrations. Apply Permaflash and scrim three course fashion over all intersecting edges insuring that the Permaflash and scrim overlap 4" on to the adjacent membranes and 4" back on to the new cap sheet. Allow Permaflash to cure then apply layer of Permaflash over the bead and broadcast granulates into the wet PermaFlash material. 0 In order to maintain the guarantee the following work must be completed in a timely fashion. • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. n/ • All existing flashings need to be removed (wall, penetrations, curbs, drains. • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final inspection will be scheduled. r Q Photos taken during the inspection are attached. Please have these issues corrected by a JM Approved Repair Contractor within sixty (60) days and send a signed copy of this report and proof of such repairs to JM Guarantee Services at the following fax number: +1 877-403-1747. For questions related to this site visit report, please contact: Juan Betancur Technical Service Representative Johns Manville Roofing Systems 15512064625- itinn hatanr•nrrolim rnm Packet Pg. 118 8.D.4.a Johns Manville is a manufacturer of commercial roofing products and offers this general conceptual information to you as a courtesy. This complimentary assistance is not to be used or relied upon by anyone as a substitute for professional engineering design and documentation required by building code, contract or applicable law. By accepting these comments you agree they do not constitute any representations, endorsements of, or an assumption by Johns Manville of any liability for either the adequacy of the design of this building or any other material not supplied by Johns Manville. Packet Pg. 119 8.D.4.a IU1 Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 1.1 - Category: Building View Group: 1.3 - Category: Weather * * * Inspection Photographs * * * Page 1 Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Group: 1.2 - Category: Address Verification Group: 1.4 - Category: Overview Comments: Aerial view. Areas marked in red are affected. Packet Pg. 120 8.D.4.a I11Y Johns Manv lle Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 2.1 - Category: Overview Comments: Upper Roof Section. From SE corner Group: 2.3 - Category: Overview Comments: Upper Roof Section. From SE corner * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 2 Group: 2.2 - Category: Overview Comments: Upper Roof Section. From SE corner Group: 2.4 - Category: Overview Comments: Upper Roof Section. From opposite corner Packet Pg. 121 8.D.4.a Johns1437 Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 2.5 - Category: Overview Comments: Upper Roof Section. From opposite corner Group: 3.1 - Category: Overview * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Group: 2.6 - Category: Overview Comments: Upper Roof Section. From opposite corner Group: 3.2 - Category: Overview Comments: Discolored areas at cap sheet are from oil Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC contamination and abuse sustained during removal of AC units from roof units from roof Page 3 Packet Pg. 122 8.D.4.a yu 1 JohnsManville anville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 3.3 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Group: 4.1 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 4 Group: 3.4 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Group: 4.2 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. Packet Pg. 123 8.D.4.a `/U Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 4.3 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. Group: 5.2 - Category: Overview Comments: New vent curb. This penetration was installed during roofing alteration work. They were flashed with DynaWeld material * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 5 Group: 5.1 - Category: Overview Comments: New vent curb. This penetration was installed during roofing alteration work. They were flashed with DynaWeld material Group: 5.3 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Packet Pg. 124 8.D.4.a y" 1 Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur f b a : k Group: 5.4 - Category: Overview Comments: New vent curb. This penetration was installed during roofing alteration work. They were flashed with DynaWeld material Group: 6.2 - Category: Typical Detail Comments: PermaFlash system applied on pipe penetration * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 6 Group: 6.1 - Category: Overview Comments: Disconnected roof penetration. Owner must remove all disconnected equipment from roof tops Group: 6.3 - Category: Typical Detail Comments: Through -wall scuppers Packet Pg. 125 8.D.4.a 1217 JohnsManville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 6.4 - Category: Typical Detail Comments: Roof drains * * * Inspection Photographs * * * Page 7 Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Packet Pg. 126 8.D.4.b Service Proposal Date: July 25, 2018 Attention: James Clasby Project: Rosser Library Address: 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Flat Roof: Following JM report recommendations for Rosser Library Dated on 7-19-18 In order to maintain the guarantee the following work must be completed in a timely fashion. • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. • All existing flashings need to be removed (wall, penetrations, curbs, drains). • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final inspection will be scheduled. Investment We propose to furnish all material, labor, supervision and equipment to complete the above mentioned scope of work, in accordance with all specifications for the sum of. $67,000.00 Excluded for proposal -Mechanical work -Plumbing -Electrical work Main Office: 1421 Oglethorpe Rd. * West Palm Beach, FL 33405 • Tel: 561-223-2096 • Fax: 561-444-2272 License # CCC1328620 Solutions Driven and Customer Focused Packet Pg. 127 8.D.4.b -Painting, stucco work PAYMENT TERMS Payments are to be made as follows: Upon Completion Once again, thank you for the opportunity to present this proposal for your review. If you should have any questions or if there is anything else that I can do for you please call me at the number listed. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. Sincerely yours, ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. The signer authorizes Therma Seal Roof Systems, LLC to do the work as specified. Payment will be made as outlined above. Date: Signature: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard roofing practices. Contractor retains the initial right to remedy any consequential damages at the sole discretion of the contractor and shall not be held liable for any damages occurring previous to the following performance of contracted work. Any alteration or deviation from the specifications involving extra costs will be executed only with written orders, and will become an extra charge over and above the estimate. All signed agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, flood and other necessary insurances as require by law. Time is of the essence concerning this valuable contract. This project may be stopped if progress payments are not made on time. If it becomes necessary for the contractor to expend legal fees to collect monies owed, these legal fees will be the responsibility of the property owner. The signer can be personally liable for 2% interest per month after 10 days. All warranties to be issued upon completion of contract and all monies paid in full. Main Office: 1421 Oglethorpe Rd. * West Palm Beach, FL 33405 ■ Tel: 561-223-2096 • Fax: 561-444-2272 License # CCC1328620 Solutions Driven and Customer Focused Packet Pg. 128 8.D.4.c EMERGENCY CONTRACT (PAULA A. LEWIS LIBRARY ROOF) THIS CONTRACT, made this day of 2018, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and THERMA SEAL ROOF SYSTEMS, LLC, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WHEREAS, on January 20, 2016 the County awarded the Bid to replace the roof at 2950 Rosser Boulevard to Contractor; and, WHEREAS, on June 16, 2016 the County awar yed the Contract to renovate the bui ding to Anatom Construction Company ("Anatom"); and, \" WHEREAS, during the renovation, a sub -contractor to Anatom damaged the new roof by dismantling and dragging the old A/C units across the new roof while fluid leaked from the units; and, WHEREAS, Johns Manville Roofing Systems ('JM") suspended the warranty on the roof due to this damage; and, qlftrft.,_ N, \j WHEREAS, on July 19, 2018 JM issued a letter with repair protocol which, if followed, would reinstate the roof guarantee; and, 'y WHEREAS, JM has required that the repair work be completed by a JM approved repair contractor within sixty (60) days of the letter; and, WHEREAS, Therma Seal is an approved JM repair contractor in St. Lucie County; and, WHEREAS, Therma Seal has stated it requires approvals immediately to order the materials to comply with the sixty (60) day time frame; and, WHEREAS, this unforeseen situation has created an emergency due to an urgent need to avoid serious and adverse consequences affecting the property of St. Lucie County. 1 S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency —18 Packet Pg. 129 8.D.4.c WITNESSETH: 1. PURPOSE /DESCRIPTION OF WORK That Contractor agrees with the 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 repair of the Paula A. Lewis Branch Library roof as set forth in the service proposal dated July 25, 2018 attached hereto and made apart herein and within the sixty (60) day timeframe as set forth in JM letter dated July 19, 2018 attached hereto and made a part herein. 2. PROJECT MANAGER The Project Manager for the County is James Clasby at (772)216-0168. The Project Manager for the Contractor is Michael Fuggetta at (561)223-2096. 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. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within five (5) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee substantial completion of the Contract on or before September 17, 2018. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. 2 S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency — 18 Packet Pg. 130 8.D.4.c 4. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the Work is not completed within the time herein specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of five hundred dollars ($500.00) per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent liquidated damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. The County reserves the right to additionally recover direct job site expenses incurred during the period of any delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for damages provided by this Article is joint and several. 5. CONTRACT PAYMENT The County shall pay the Contractor upon completion 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 of sixty-seven thousand dollars ($67,000.00). 6. 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. 7. 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. 8. 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 3 S:\ATTY\CONTRACTS\Therm@ Seal Roof Systems — Emergency — 18 Packet Pg. 131 8.D.4.c 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, BellamvS@stiucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. 9. GUARANTEE dk, ( V r 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. 10. 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 4 S:\ATTY\CONTRACTS\Therm@ Seal Roof Systems — Emergency — 18 Packet Pg. 132 8.D.4.c 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 their 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. 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. 11. INDEMNIFICATION The Contractor shall indemnify and hold harmless St Lucie County, The County and their officers; and employees, from any and all liability, losses or damages, including attorney's fees and costs of defense, which St. Lucie County, The County or their 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. S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency —18 Packet Pg. 133 8.D.4.c 12. INSPECTION The project will be inspected by the Project Manager for the County, a representative of JM 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. 13. 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 and include the County and St. Lucie County as an additional insured. 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. 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. 14. DEFAULT; TERMINATION A. FOR CAUSE 6 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 m the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall t terminate at the expiration of that time period. r r Q With regard to the Contractor, the following items shall be considered a default under this Contract: S:\ATTY\CONTRACTS\Therm@ Seal Roof Systems — Emergency — 18 Packet Pg. 134 8.D.4.c (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 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 The County may terminate the Contract without cause at any time upon ten (10) calendar days 7 S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency —18 Packet Pg. 135 8.D.4.c 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. 15. 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. 16. 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 County 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. 17. 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: NO a) Is not available within a reasonable period of time; or 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. 18. FLORIDA PRODUCED LUMBER 6 00 Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida m Statutes, as may be amended from time to time. t �a 19. ASBESTOS -FREE MATERIALS Q Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency — 18 Packet Pg. 136 8.D.4.c under this Contract. 20. 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 Fort Pierce, FL 34982 As to Contractor: Therma Seal Roof Systems, LLC 1421 Oglethorpe Road West Palm Beach, Florida 33405 With a copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue; Fort Pierce, FL 34982 Phone: (561) 223-2096 Fax: (561) 444-2272 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 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. 21. 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. 22. 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 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, 0 S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency —18 Packet Pg. 137 8.D.4.c 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. 23. 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 the 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 the County's prior written consent shall be deemed a default subject to the remedies provided herein. 24. 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 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. 25. MEDIATION V, 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. 26. INTERPRETATION; VENUE 10 S:\ATTY\CONTRACTS\Therma Seal Roof Systems — Emergency —18 Packet Pg. 138 8.D.4.c 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. 27. 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. WITNESSES: (1 (2 WITNESSES: (1) (2) \46-40 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY THERMA SEAL ROOF SYSTEMS, LLC BY: PRINT NAME: TITLE: 11 S:\ATTY\CONTRACTS\Therm@ Seal Roof Systems — Emergency — 18 Packet Pg. 139 8.D.4.c Service Proposal Date: July 25, 2018 Attention: James Clasby Project: Rosser Library Address: 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Flat Roof: Following JM report recommendations for Rosser Library Dated on 7-19-18 In order to maintain the guarantee the following work must be completed in a timely fashion. • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. • All existing flashings need to be removed (wall, penetrations, curbs, drains). • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final inspection will be scheduled. Investment We propose to furnish all material, labor, supervision and equipment to complete the above mentioned scope of work, in accordance with all specifications for the sum of: $67,000.00 Excluded for proposal -Mechanical work -Plumbing -Electrical work Main Office: 1421 Oglethorpe Rd. ' West Palm Beach, FL 33405 - Tel: 661-223-2096 - Fax: 561-444-2272 License # CCC1328620 Solutions Driven and Customer Focused Packet Pg. 140 8.D.4.c -Painting, stucco work PAYMENT TERMS Payments are to be made as follows: Upon Completion Once again, thank you for the opportunity to present this proposal for your review. If you should have any questions or if there is anything else that I can do for you please call me at the number listed. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. Sincerely yours, ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. The signer authorizes Therma Seal Roof Systems, LLC to do the work as specified. Payment will be made as outlined above. Date: Signature: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard roofing practices. Contractor retains the initial right to remedy any consequential damages at the sole discretion of the contractor and shall not be held liable for any damages occurring previous to the following performance of contracted work. Any alteration or deviation from the specifications involving extra costs will be executed only with written orders, and will become an extra charge over and above the estimate. All signed agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, flood and other necessary insurances as require by law. Time is of the essence concerning this valuable contract. This project may be stopped if progress payments are not made on time. If it becomes necessary for the contractor to expend legal fees to collect monies owed, these legal fees will be the responsibility of the property owner. The signer can be personally liable for 2% interest per month after 10 days. All warranties to be issued upon completion of contract and all monies paid in full. Main Office: 1421 Oglethorpe Rd. ' West Palm Beach, FL 33405 • Tel: 561-223-2096 • Fax: 561-444-2272 License # CCC1328620 Solutions Driven and Customer Focused Packet Pg. 141 8.D.4.c 117" JohnsManville July 19, 2018 Guarantee Nbr: ANM147314886 Case Tracking Nbr: 00510504 Completion Date: 7/25/2016 Term: 20 Year Squares: 298 Spec: 3FID Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Dear Building Owner: Building Owner St. Lucie County, Florida 2300 Virginia Ave Fort Pierce, FL 34982 Your roof system is a significant investment that, like other assets exposed to the elements, requires periodic, routine inspections, service and maintenance. Recently, Johns Manville (JM) conducted a roof inspection on the above referenced property. Please note below the roof deficiencies/repairs. These deficiencies/repairs and any resulting impact upon the roofing system are not covered under the express terms and conditions of the JM Guarantee. As such, they are your responsibility to correct/address. Deficiencies/repairs that are the responsibility of the Owner: The purpose of today's site visit was to review existing JM SBS Roofing System conditions with Building Owner's representatives to assess condition of roof where mechanical remodeling has occurred after roof was installed. This roof has been already inspected twice by JM after installation to assess the same conditions (3/10/2017 & 9/5/2017). Building owner has not yet repaired the roof. However, they have performed multiple core cuts to investigate contamination in roofing membrane. This work have been done by Anatom. • Notes from 3/10/2017 site visit Removal of large AC units from roof. The units were dismantled on the roof, and dragged across the roof surface to the edges of the roof where the units were lowered to the ground. Today, the areas of contamination are still prevalent and the cap sheet shows signs of pre- mature deterioration. (granulates loss, softening of the membrane). This condition exists along the cricket valleys along the west elevation of the high roof and around the remaining mechanical curbs. There is also two locations at the low roof at the northwest elevation that are affected due to lowering of the mechanical units from the high roof to the low roof section to then be lowered to the ground. • Notes from 9/5/2017 site visit In order to bring this roof into warrantable condition, the affected areas will require an overlay of cover board 1/2" Securerock mechanically fastened preliminary attachment through the existing system into the metal deck, then receive new modified bitumen base and cap sheet. Mechanically fastened Dynafast 180S fastened in the lap seam then the seam is welded to conceal the fasteners. Torch applied Dynaweld FR cap sheet. Packet Pg. 142 8.D.4.c Extend the base and cap sheet over to the bottom edge of the cant strip along all walls and around curbs and penetrations. Apply Permaflash and scrim three course fashion over all intersecting edges insuring that the Permaflash and scrim overlap 4" on to the adjacent membranes and 4" back on to the new cap sheet. Allow Permaflash to cure then apply layer of Permaflash over the bead and broadcast granulates inio_1tLe wet PermaFlash material. In order to maintain the guarantee the following work must be completed in a timely fashion. !` • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. JI, • All existing flashings need to be removed (wall, penetrations, curbs, drains). ` • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FIR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and 1 fabric. Embed granulates into wet roofing material. j • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. 1 • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final 1, inspection will be scheduled. _ ..�..---------�— "---- You must correct these deficiencies within sixty (60) days of the date of this letter. As outlined in the JM Guarantee, any roof -related work must be performed by a JM Approved Repair Contractor. After the noted repairs have been made, please have the repair contractor sign the attached report, provide proof of repairs and send the same to Case Resolution at the address below. All completed repairs will be inspected to the full and sole satisfaction of JM. If JM does not receive confirmation of a contractor's satisfactory completion of the noted work within sixty (60) days from this letter, then (without further notice to you) JM will change the JM Guarantee status to "Suspended". To better facilitate this process, JM is providing the following JM Approved Repair Contractor in your area. THERMA SEAL ROOF SYSTEMS LLC Phone: 1-561-223-2096 1421 OGLETHORPE ROAD Fax: 1-561-444-2272 WEST PALM BEACH, FL 33405 If you have or prefer a different contractor to perform the work, or have a question relating to a contractor's approval status, please contact Case Resolution. In the event that this letter has been delivered to the wrong person, please forward to the appropriate individual. Thank you for using Johns Manville products and services. If JM can be of any further assistance, please do not hesitate to contact us. Case Resolution Johns Manville Roofing Systems 10100 W. Ute Ave I Mailstop R-15 1 Littleton, CO 80127 roofleaks@im.com 1800.922.5922, Option #1 1 Fax: 303.978.4545 Packet Pg. 143 8.D.4.c a aD D/SCLAlMER: Johns Manville is a manufacturer of commercial roofing products and offers this general conceptual information to w you as a courtesy. This complimentary assistance is not to be used or relied upon by anyone as a substitute for professional O engineering design and documentation required by building code, contract or applicable law. By accepting these comments you O agree they do not constitute any representation, endorsements of. or an assumption by Johns Manville of any liability for either the IY adequacy of the design of this building or any other material not supplied by Johns Manville. L L J t V C R ML W 3 m J EI E W Packet Pg. 144 8.D.4.c ICY Johns Manville Guarantee Number: ANM147314886 Inspection Date: July 17, 2018 Inspected By: Juan Betancur Job Name: Rosser Library Primary Roof Type: SBS Squares: 298 Case Tracking Number: 00510504 Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Roof Leaking: Contractor Claims Specialist: Site Visit Report - GSR Building Owner St. Lucie County, Florida 2300 Virginia Ave Fort Pierce, FL 34982 (724)621-4302 Yes THERMA SEAL ROOF SYSTEMS LLC Steve Coughlin Site Visit: Weather Conditions: Owner / Site Contact Present Owner / Site Contact Name: Contractor Present: Contractor Representative: Others Present: Owner Advised of Findings: 90 Degrees & Partly Cloudy Yes No • James Clasby — SLC Project Manager... No Packet Pg. 145 8.D.4.c Field Report: Owner's Comments: Mr. James Clasby with St. Lucie County wants JM to take a third look to the existing JM SBS Roofing System conditions. The roofing system sustained detrimental damages cause by human activity. Recommendations / Scope of Work Owner maintenance items noted: The purpose of today's site visit was to review existing JM SBS Roofing System conditions with Building Owner's representatives to assess condition of roof where mechanical remodeling has occurred after roof was installed. This roof has been already inspected twice by JM after installation to assess the same conditions (3/10/2017 & 915/2017). Building owner has not yet repaired the roof. However, they have performed multiple core cuts to investigate contamination in roofing membrane. This work have been done by Anatom. • Notes from 3/10/2017 site visit Removal of large AC units from roof. The units were dismantled on the roof, and dragged across the roof surface to the edges of the roof where the units were lowered to the ground. Today, the areas of contamination are still prevalent and the cap sheet shows signs of pre -mature deterioration. (granulates loss, softening of the membrane). This condition exists along the cricket valleys along the west elevation of the high roof and around the remaining mechanical curbs. There is also two locations at the low roof at the northwest elevation that are affected due to lowering of the mechanical units from the high roof to the low roof section to then be lowered to the ground. • Notes from 9/5/2017 site visit In order to bring this roof into warrantable condition, the affected areas will require an overlay of cover board 1/2" Securerock mechanically fastened preliminary attachment through the existing system into the metal deck, then receive new modified bitumen base and cap sheet. Mechanically fastened Dynafast 180S fastened in the lap seam then the seam is welded to conceal the fasteners. Torch applied Dynaweld FR cap sheet. Extend the base and cap sheet over to the bottom edge of the cant strip along all walls and around curbs and penetrations. Apply Permaflash and scrim three course fashion over all intersecting edges insuring that the Permaflash and scrim overlap 4" on to the adjacent membranes and 4" back on to the new cap sheet. Allow Permaflash to cure then apply layer of Permaflash over the bead and broadcast granulates into the wet PermaFlash material. ORO In order to maintain the guarantee the following work must completed in a timely fashion. • All test cuts need to be patched with Dynabase set in MBR Cold Adhesive at min 12"patch past the test cut in all directions. • All existing flashings need to be removed (wall, penetrations, curbs, drains). • Install an additional layer of Dynalastic 180 FR set in MBR Cold Adhesive in the entire field. Heat weld seams. • Re -flash all walls, curbs, and drains (2 ply- Dynabase and Dynalastic 180 FR set in MBR Utility Cement. • The parapet wall coping may stay intact. Cut flashing 4" from Coping. Install new wall flashing and gang fasten the top with termination bar 6"o.c. New slip metal should be installed to the existing coping to cover the exposed termination bar. • All vertical flashing seams are to be heat welded or 3 coursed with MBR utility cement and fabric. Embed granulates into wet roofing material. • All scuppers and pipes are to be Permaflashed. Embed granulates into wet roofing material. • All work to the roof must be completed by a JM approved contractor and in accordance with current JM specifications and details. Please notify JM and a follow up in progress & final inspection will be scheduled. 0 a; Photos taken during the inspection are attached. 0 E t Please have these issues corrected by a JM Approved Repair Contractor within sixty (60) days and send a signed copy of this report and proof of such repairs to JM Guarantee Services at the following fax number: +1 Q 877-403-1747. For questions related to this site visit report, please contact: Juan Betancur Technical Service Representative Johns Manville Roofing Systems 15512064625' hinn hatnnrurralim rnm Packet Pg. 146 8.D.4.c Johns Manville is a manufacturer of commercial roofing products and offers this general conceptual information to you as a courtesy. This complimentary assistance is not to be used or relied upon by anyone as a substitute for professional engineering design and documentation required by building code, contract or applicable law. By accepting these comments you agree they do not constitute any representations, endorsements of, or an assumption by Johns Manville of any liability for either the adequacy of the design of this building or any other material not supplied by Johns Manville, Packet Pg. 147 8.D.4.c 1/ I * * * Inspection Photographs * * * Johns Manville Contractor THERMA SEAL ROOF SYSTEMS LLC Tracking Numb... 7314886 Property Rosser Library Guarantee Nu... ANM147314886 2950 SW Rosser Blvd Inspection Date: Tuesday, July 17, 2018 Pt St Lucie, FL 34953 Inspected By: Juan Betancur Group: 1.1 - Category: Building View Group: 1.3 - Category: Weather Page 1 Group: 1.2 - Category: Address Verification Group: 1.4 - Category: Overview Comments: Aerial view. Areas marked in red are affected. Packet Pg. 148 8.D.4.c i1 Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 2.1 - Category: Overview Comments: Upper Roof Section. From SE corner Group: 2.3 - Category: Overview Comments: Upper Roof Section. From SE corner * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 2 Group: 2.2 - Category: Overview Comments: Upper Roof Section. From SE corner Group: 2.4 - Category: Overview Comments: Upper Roof Section. From opposite corner Packet Pg. 149 8.D.4.c J37 Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 2.5 - Category: Overview Comments: Upper Roof Section. From opposite corner Group: 3.1 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof * * * Inspection Photographs * * * Page 3 Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Group: 2.6 - Category: Overview Comments: Upper Roof Section. From opposite corner Group: 3.2 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Packet Pg. 150 8.D.4.c 1 17" ,Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 3.3 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Group: 4.1 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. * * * Inspection Photographs * * * Page 4 Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Group: 3.4 - Category: Overview Comments: Discolored areas at cap sheet are from oil contamination and abuse sustained during removal of AC units from roof Group: 4.2 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. Packet Pg. 151 8.D.4.c 117" Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 4.3 - Category: Overview Comments: Test cuts taken by owner of existing roof. Areas are temporarily patched with non-JM utility cement and fabric. Group: 5.2 - Category: Overview * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Group: 5.1 - Category: Overview Comments: New vent curb. This penetration was installed during roofing alteration work. They were flashed with DynaWeld material Group: 5.3 - Category: Overview Comments: New vent curb. This penetration was installed Comments: Discolored areas at cap sheet are from oil during roofing alteration work. They were flashed with contamination and abuse sustained during removal of AC DynaWeld material units from roof Page 5 Packet Pg. 152 8.D.4.c I Johns Manville Tracking Numb... 7314886 Guarantee Nu... ANM147314886 Inspection Date: Tuesday, July 17, 2018 Inspected By: Juan Betancur Group: 5.4 - Category: Overview Comments: New vent curb. This penetration was installed during roofing alteration work. They were flashed with DynaWeld material Group: 6.2 - Category: Typical Detail Comments: PermaFlash system applied on pipe penetration * * * Inspection Photographs * * * Contractor THERMA SEAL ROOF SYSTEMS LLC Property Rosser Library 2950 SW Rosser Blvd Pt St Lucie, FL 34953 Page 6 Group: 6.1 - Category: Overview Comments: Disconnected roof penetration. Owner must remove all disconnected equipment from roof tops Group: 6.3 - Category: Typical Detail Comments: Through -wall scuppers Packet Pg. 153 8.E.1 ITEM NO. RES-2018-139 TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Murriah Dekle, Transit Manager Transit Division DATE: 08/07/2018 *CONSENT AGENDA\COMMUNITY SERVICES Resolution - Federal Transit Administration 49 U.S. Code § 5307 - Urbanized area formula grants FFY17 Annually, the Federal Transit Administration (FTA) allocates funding for operating and capital funds to designated recipients in urbanized areas with populations over 200,000. The funds are used to cover the expenses associated with the provision of public transportation. The County's contracted provider for public transportation services is the Council on Aging of St. Lucie, Inc./Community Transit. The total FTA grant award for federal fiscal year 2017 is $3,266,804, which is comprised of the federal and local funding shares for capital and operating expenditures. Matching funds will be provided through the Transit Municipal Taxing Unit and State Toll Revenue Credits (TRC's.) TRC's cannot be used to match operating expenditures and are calculated as a credit in the grant equation. TRC's do not have cash value and are prohibited to be used towards operating costs. Federal Fiscal Year 2017 Capital Operating Total FTA Funds $981,402 $1,142,701 $2,124,103 Matching Source: Transit MSTU N/A $1,142,701 $1,142,701 Total $981,402 $2,285,402 $3,266,804 This grant will be utilized to provide public transportation services for the County's fixed route system and the capital purchase of a new bus, vehicle parts, tires, batteries, fleet preventative maintenance and software maintenance. Detailed project budget information is contained within the project control tables of the attached FTA application. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 154 8.E.1 These funds were not part of the approved FY17/18 budget and a budget must be established prior to expenditure. Matching funds will be provided from the Municipal Services Taxing Unit and Toll Revenue Credits. Funds will be deposited to the Federal Transit Administration FFY17 5307 fund (130131 -4410- 331421-400). RECOMMENDATION: Staff recommends Board acceptance of the 49 U.S. Code § 5307 Urbanized area formula grant (FL-2018- 054-00) for FFY17, approval of the budget resolution and sub grant agreement with the Council on Aging of St. Lucie, Inc./Community Transit and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures la 1% I a Wesloski, Community Service Director /20/ 18 A- j o-A ==KM;O% W: ian]ieYS. McIntyre, CAtorney 7/26/2018 Jenn i I, Interim ffic of and 8 dget Direct r 7J26/2118 H f,Qard Tipton, Count Administrate 7/27/2018 Updated: 7/26/2018 12:33 PM by Jennifer Garrity Page 2 Packet Pg. 155 6/4/2018 3 Jayne Pietrowski E 0 Florida Department of Transportation 3400 W. Commercial Blvd a� L Ft. Lauderdale FL, 33309 � m N RE: State Toll Revenue Credit Request for 2017; Section 5307: Urbanized Area Formula; 413494-1 Dear Jayne Pietrowski, 0 M LO In accordance with Moving Ahead for Progress in the 21st Century (MAP-21), 23 U.S. Code Section 120., St. Lucie County coy BOCC is requesting authorization to use toll revenue credits as soft match to the federal capital transit project listed below. o St. Lucie County BOCC is requesting $245,350.00 of soft match. These federal funds were used for TRC 5307 Capital U Funding. as c O r FM# FTA Grant # Section FY Federal Federal Toll L w Operation Capital Revenue N Assistance Assistance Request E 413494-1 Section 5307: Urbanized 2017 $0.00 $981,402.00 $245,350.00 Q Area Formula rn c R L L These projects are consistent with the adopted St. Lucie TDP and are included in the State Work program and the LL Transportation Improvement Program (TIP) of St. Lucie MPOs. M Thank you for your assistance in this matter. If you have any questions, please contact me at 772-462-1777. r Co r 0 CV N W O Sincerely, .N Karen Scott 0 Federal Grants Manager LO ti r r m s m L U H is r W r c,> Y a Packet Pg. 156 8.E.1.b U.S. Department of Labor Office of Labor -Management Standards Washington, D.C. 20210 July 06, 2018 Yvette Taylor, Regional Administrator Federal Transit Administration, Region IV 61 Forsyth Street, SW, Ste. 17T50 Atlanta, GA 30303-8917 Re: U.S. Department of Labor 49 U.S.C. § 5333(b) Certification FTA Grant Application FL-2018-054-00 St. Lucie County Board of County Commissioners Dear Regional Administrator: This is in reply to the U.S. Department of Transportation, Federal Transit Administration's request for certification of employee protective provisions for the above -referenced grant application under 49 U.S.C. § 5333(b). Revisions and/or amendments to this grant may be subject to additional certification in accordance with 29 C.F.R. § 215. The Department of Labor certifies that the protective arrangements identified below provide protections to employees of the Grantee, and other service area providers, that satisfy the requirements of 49 U.S.C. § 5333(b). GRANTEE: St. Lucie County Board of County Commissioners Employee Representation Protections N/A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 Service Area Provider: Indian River County Board of County Commissioners Employee Representation Protections /A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 Service Area Provider: Martin County Board of County Commissioners Employee Representation Protections /A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 This certification letter and the attached protective arrangements shall be made part of the contract of assistance between the Grantee and the U.S. Department of transportation, by reference. Go c as 1 of 3 z a Packet Pg. 157 8.E.1.b Sincerely, Karen Torre, Chief Division of Statutory Programs Office of Labor -Management Standards Department of Labor Torre.Karen&dol.gov (202) 693-1209 cc: Karen Scott/SLC BOC 7 Lq ao c d 2 of 3 z a Packet Pg. 158 8.E.1.b Attachments: Notice of Referral and Certification Format Changes.pdf Nonunion Protective Arrangement-10-17-2014.pdf 7 Lq ao c a) 3 of 3 z a Packet Pg. 159 8.E.1.c I I 1 # r N 1 Co W H LnH I HU O 1 1 (O El N o a 1 1 In0Ca O M Cl) I \H a. 1 zM 1 1 P4 z x� W H 1 FC F i L\7 A z 1 H 1 E-I 1 I I W 1 QI 1 p 1 1 0 I 3 w I 0 I Cn IAW Ia IwH 1 la 1 1 o a H I F I H O iF a 1� �C9 n n i Rw o W.F I! ii i O o Fa(x wza 11Hp11 1 M O O a. 11 w it I II I Lfl F+ 3 II II I z F w w la -I ii F ii l O z £ O F n n I E-I W W F (n a •• a I U H a w 11 PL 11 I W U 04HH� iiw ii . �lu Qw 1 H .h O IZFO Q a U �+ O IW a I H w Q O la I 1 I (n �z 10 1 H 1 Iw 1 H I Iu I (n 1 W Iq i E-I I w I F] l0 1 1 Q r I H 1 O 1 ry N I \ 1 Ln H 1 m o , ,A \ Ir r Io o I d� I �C) W I w o N A I W mQ I u I H w 1 x W O I F F v1� i F r-i P4 I H A acn 1 rnrnmm I 1 1 . m 1 U)w 1 H U it 1 0000 1 1 mm%oW 1 zF N N Ln Ln 10 W 1 z H ' 1 # (n 1 (n 1 ' 4 , � 1 I z I H 0000 1 1 H o 1 F N I , � ' ' 1 z z I H I F 1 1 I , ' 1 W ' I a ' 1 I O 1 , a I o 000o 13 N I I O N 1 1 (n O ' IA I ' , I W ' I w .>, ' I F I 1 I I , , 1 I 1 , I O O I 0 0 0 0 I z (N ' 1 H O I I F N I 1 I , ' IW ' O o ' 1 0 I H ' I M ' 1 Ln 1 1z ' U x OH 0)I F4LnLnoo 0 H I F-fWWMM I F o f U v w rn rn I U W W N I I W H a 1 ariMw w I wU I �IDN N I u ' 1 I F Co I z W 1 F] 0.2 ' m I U •• a W E, i 1W-I CD ILn �rrv�dl in o cD N I 1 I O O r H 1 F I ••w W NN I p1 I u 1 z ' z I w 10 i 1 ' I PFI ' 1 H I a lu �zr� m I �rralw (nMrlrr i w I q W x0 1 z('1 M ww I aFN I n 1 �i W 1D 10NN I U Z w H H M M 1 f] tx 1 0 I \ 1 al I w (n I I PQ :4 i M I Ln A W I P I 00 o El � w 04 N 'p h O Ln a •• � li I W o P4 w \ r zo 1. �l rC v u r�xG x 1 H W I-E IwF W 00 1 E-I H w F F I H q a(n I wwNN0 �]QY I mmr rr W W i rr N UIN > 1 rnrnmLTO N N d 0 1 1 � I 1 wN N N W N I Coaorrr F 0 1 rrLnLnLn FC EH N 1 w I rrLnLnLn C7 1 Hr NNN 1 I 1 I 1 H l 0 0 0 0 0 N I 0 0 0 0 0 CDI O O O O O N I ' k \O N N N I In In H H H 1 H 11 H 1 1 1 O I 0 0 0 0 0 N I 0 0 0 0 0 O I 0 0 0 0 0 N I I k LD NNN I Ln Ln r-I H H 1 H -1 H 1 I 1 �I 1 1 I 0 u ml W00000 H I Fi N I I a � ' N 1 H I E-1 I � I I I fYl 1 I q 1 (r] m 10 0 0 0 d H I � O I 0 N I I � ' N 1 U z 1 W I I I 1 w I a PO U] m I H0000cr W O I W r a F N l n pz 1 I z rL I V 1 I w U] m z 1 0 El 2Qz W 1 w0 W wQ -I M4J 0O n c;U o (1)i 0L w 4 r-i zoo villa W w OE- w F F EI Packet Pg. 160 8.E.1.c I I NM Ln 00 O, w Ln HH , 1# I ul W H LnH 1 HU , W 1 rwNLnLn HU 'Z.IF \HH Ln •E, I Om 1 1 %D W10liH 1 zF O M CO 1 zH , LnHr�d 1 Ocn \H C14 1 # � 1 NN Ln Ln i zCHA r 0 � En �i < I 1 [n I Q 1 ' fx W 1 H ' I H W i Q � 1 H I W N I 0 0 00 CD1 , F El A i 0 W F N 1 (' z I H 1 H ' I 1 a 1 l a ' 0 I 0 ' I a x 1 0 1 Q o 0 0 0 o I $ i F�4 (V 1 (D 1 I i 44 1 O N 1 I O W W U a 1 , I H I Cn 1 1 I H z 1 ri) 1 I In I (n 0 H 1 1 1 I O I 00000 ' F I H NO 1 ' I H 0 a , 1� 1 N I 1F I ri) 00 u u 1W o 1 11o i 1 , IW o 1 a o aF 1[ 11 1 O o 1 0 o kI �4 P4 ii F-I Orxw n En n 1 , O ' I 3 Fa ii ii i U x ' z a u n 1 bd CF7 a, 1 1 F W Cr.I H 11 II F xOF II I I U 'z OW W H I F-I M a, 00 W I Ci F M II •• II fx W 1 C14 II I a H a I ODE O I N I Ur rLnLn a1O I OW W �aF-IU IONN W Ua iiwii �>+aU , In Ln H 1 AE I'1 aU QW O i F W 1 F0 1 m A i0�w I0FD , � ' O a O a I H I W I H I i i �] l U rXn 1� 0 Co I r.�o 1 ]O 1 aU ' H: 0 1 rnMr-io Mrr aoao�W 1aU 1 I F N I 1 . 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LUCIE COUNTY BOARD OF COUNTY CONBUSSIONERS 2300 VIRGINIA AVENUE a FORT PIERCE, FL 34982 January 30, 2018 Richelle Gosman Community Planner Federal Transit Administration, Region 4 230 Peachtree Street, NW Suite 1400 Atlanta, GA 30303-151 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD • STUART, FL 34996 RE: Port St. Lucie Urbanized Area FY 2017 Section 5307Apportionment Split Dear Ms. Gosman: The purpose of this letter is to provide you concurrence with the FY 2017 FTA Section 5307 Apportionment Split for the Port St. Lucie Urbanized Area between Martin and St. Lucie Counties. The following table summarizes the current allocation: Operator/Entity LIZA Percentage Operating Assistance Capital Assistance 1%Transit Enhancement 1% Safety and Security Enhancement Total FY2015 Allocation St. Lucie County Port St. Lucie 69.482752% $1,142, 701 $938,920 $21,241 $21,241 $2,124,103 Martin County Port St. Lucie 30.517249% $500,000 $414,261 $9,329 $9,329 $932,929 Total $30,570 $30,570 $3,057,022 As identified in this Split Letter, the Designated Recipients authorize the assignment/allocation of Section 5307 to the Direct Recipients named herein. The undersigned agree to the Split Letter and the amounts allocated/assigned to each Direct Recipient. Each Direct Recipient is responsible for its application to the Federal Transit Administration to receive Section 5307 funds and assumes the responsibilities associated with any award for these funds. Should you have any questions, please feel free to contact Diana Wesloski, St. Lucie County Community Services Director, at (772) 462-1777 or wesloskid(czstlucieco org or Don Donaldson, Martin County Engineering Director, at (772) 288-5927 or ddonalds(wmartin.fl.us. Sincerely, Diana Wesloski Community Services Director St. Lucie County Don G. Donaldson, P.E. Deputy County Administrator Martin County Packet Pg. 166 SUBGRANT AGREEMENT - FL-2018-054-00 8.E.1.e (FFY17-5307) THIS SUBGRANT AGREEMENT, made this day of , 2018, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient: IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a sub -grant in a total amount not to exceed one million nine hundred fifty-two thousand eight hundred sixty- two and 00/100 dollars ($1,952,862.00), pursuant to the FY17, 49 U.S.0 Section 5307 Grant Agreement between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is two million one hundred and twenty four thousand one hundred three and 00/100 dollars ($2,124,103). For administration of the grant, the County shall retain one hundred fifty thousand and 00/100 dollars ($150,000). In addition, twenty thousand two hundred forty one and 00/100 dollars ($21,241) shall be retained by the County for the purchase and transit infrastructure enhancement such as the installation of bus shelters. This grant requires local match for operating assistance in the amount of one million one hundred forty two thousand seven hundred one and 00/100 ($1,142,701) and will be funded from the St. Lucie County Transit Municipal Services Taxing Unit and other local funds, as may be available. Funds provided to the Recipient will be used for operational costs, the purchase of buses, ADP hardware, AC power/lighting equipment, and purchase associated capital and preventive maintenance for vehicles (tires, batteries, etc.) and radios. The Recipient shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The sub -grant shall be used only as set forth in this Agreement. The Recipient agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding, including, but not limited to, audit and safety certification requirements. A County property record number shall be affixed to any subgrant purchased equipment with a cost of one thousand and 00/100 dollars ($1,000) or more. The Recipient agrees to abide by the County Purchasing Manual and to coordinate with the County Purchasing Division in the acquisition of any equipment, pursuant to this Agreement. 3. The Recipient shall have internal controls adequate to safeguard the grant. 1 Packet Pg. 167 8.E.1.e 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Federal Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5_ The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In addition, the Recipient shall provide the County with a copy of the Recipient's annual audit for each fiscal year during which the Recipient expends funds received pursuant to this Agreement. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omissions. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Public records. The Recipient 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 Recipient in conjunction with this Agreement. Specifically, the Recipient shall: KA Packet Pg. 168 8.E.1.e (a). 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 Recipient in conjunction with this Agreement. (b). Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c). 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. (d). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e). 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 AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-14411 Bel lamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRIGNIA AVENUE, FORT PIERCE, FL 34982 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: WITH COPY TO: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 3 Packet Pg. 169 TO THE RECIPIENT: 8.E.1.e President/CEO Council on Aging of St. Lucie, Inc/Community Transit 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 13. The Recipient 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 Florida Statutes 112.311 (2018) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient 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 Recipient'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 Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and 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 Recipient under the terms of this Agreement. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. 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. 15. 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, ►,i Packet Pg. 170 8.E.1.e Florida for claims under state law and the Southern District of Florida for any claims, which are justiciable in federal court. 16. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 17. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ZA DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT/CEO (SEAL) k Packet Pg. 171 RESOLUTION 8.E.1.f 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 U.S. Department of Transportation, in the amount of $2,124,103. The funding from this grant provides public transportation services for the County's fixed route system, capital purchases, and maintenance for current machinery and equipment. 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 7th day of August, 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 130131-4410-331421-400 APPROPRIATIONS 130131-4410-582015-400 Federal Transit Administration Council on Aging 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 Anthony Bonna Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 7TH DAY OF AUGUST 2018. ATTEST: DEPUTY CLERK $2,124,103 $2,124,103 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA M, CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 172 TO: Howard Tipton, County Administrator THROUGH: Jeff Bremer, Deputy County Administrator THROUGH: Jennifer Hill, Interim Management and Budget Director THROUGH: Diana Wesloski, Community Services Director FROM, Murriah Dekle, Transit Manager M S J DATE: July 10, 2018 SUBJECT: Federal Transit Administration — Title 49 U.S. Code § 5307 Bus and Bus Facilities Formula Program Backpround• This memo is an authorization request to submit a federal fiscal year (FFY) 2017 grant application to the Federal Transit Administration Formula Program (49 U-S.C. § 5307) for capital and operating assistance. Funds Available: The total project cost is $3,266,804 of which the federal share is $2,124,103. The operating assistance is $1,142,701 and $981,402 is capital assistance. The operating assistance requires a fifty/fifty match, or $1,142,701, which will be met using funds from the Public Transit Municipal Services Taxing Unit (MSTU) Fund #130-4410-582015-400. The capital assistance requires a twenty percent match or $245,350, which will be met using Toll Revenue Credits provided by the Florida Department of Transportation (FDOT). Toll Revenue Credits are not part of the total project cost. Toll Revenue Credits are considered a "soft match". Recommendation: County Administrator authorization to submit a FFY17 Section 5307 Capital and Operating Assistance Grant application to the Federal Transit Administration in the total amount of $3,266,804. Jennifer Hill, Interim Management and Budget Director Jeff Bremer, Deputy County Administrator Howard Tipton, County Administrator /Memo 18-131 ST. LUCIE Packet Pg. 173 8.E.1.g Home J My Projects ! project Dashboard 1 Approval History Approval History ORGO220 FTA - 6307 FFY17 Grant Bus and Bus Facilities .Approval Completed Completed Download Manage Stage Task Name Due Type Gin Bp Files Files Notes App. &Rgst.Approval: Grant Application to Submit- 07120i2018 Sequential 0711312018 li Defile Preparation Community Services App. ®Approval Reed Grant Application to Submit- 0V20f2018 Sequential 0711 M018 T Johnson J J Preparation CommunityServices App. -Approved 0712012018 Sequential C711312018 T Johnson Preparation App. ® Approval Re d G rant Ape icatio n to Su m it- 071P012019 Sequential 07113/2018 AHall 41 Preparation Community Services App. -Approved 0712012018 Sequential 0711312018 A Hall Preparation App. ®Approval Reed'. Grant Application to Submit- 07120Y201B Sequential 071151201a J_Hill J Preparation Community Seances App. -Approved 07121012101 8 Sequential 0711512018 J. Hill Preparation App. &Approval Reed. Grant Applica5onto Submit- 07120f2018 Sequential 07115f2018 J. Bremer 6P J Preparation Community Seances App. -Approved 071201201 8 Sequential C711612018 J. Bremer Preparation App. ® Approval Reed Grant Application to Submit- 071P012019 Sequential 0772512018 H. Tipton Preparation Community Services 110, App. -Approved 0712012018 Sequential 0712512018 H. Tipton Preparation Done ) Packet Pg. 174 View Print Page 1 of 17 8.E.1.h DOT U.S. Department of Transportation Award F TA Federal Transit Administration Federal Award Identification Number (FAIN) FL-2018-054-00 Temporary Application Number 1024-2018-1 Award Name FFY17 5307 Operating and Capital Assistance Award Status Obligated / Ready for Execution Award Budget Number 0 Part 1: Recipient Information Name: St Lucie, County Of Recipient ID Recipient OST Type Recipient Alias Recipient DUNS 1024 County Agency ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 072215403 Location Type Address City State Zip Headquarters 2300 VIRGINIA AVE STE 226 FORT PIERCE FL 349825632 Physical Address 2300 VIRGINIA AVE STE 226 FORT PIERCE FL 34982 Mailing Address 2300 VIRGINIA AVE FORT PIERCE FL 34982 Union Information Union Name NONE Address 1 N/A Address 2 City N/A State Zipcode 00000 Contact Name N/A N/A Telephone Fax E-mail Website Part 2: Award Information Title: FFY17 5307 Operating and Capital Assistance FAIN Award Status Award Type Date Created Last Updated Date From TEAM? Packet Pg. 175 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 2 of 17 8.E.1.h FL-2018-054-00 Obligated / Ready for Execution Grant 11/15/2017 11/15/2017 No Award Start Date 7/9/2018 Award End Date 3/29/2023 Award Executive Summary This Application for 5307 FFY17 Federal Assistance is consistent with the Designated Recipient (Port St. Lucie Urbanized Areas UZA) split letter dated January 30, 2018, and attached to this application. The total Federal Funding for this application is $2,124,103. Of this amount, $1,142,701 will be used for Operating Assistance, (matched with local funds of $1,142,701) and Capital Assistance of $981,402 (matched by TRC of $245,350). Funding is for Capital assistance (for the purchase of goods and services to include but not be limited to fleet's PM, parts, tires and batteries, AVL software maintenance, VLU to tract fleet vehicles, install lighting at fleets parking areas, improve bus stops with installation of shelters and other related amenities and for project oversight administration costs) as well as for Operating Assistance. St. Lucie County BOCC will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. St. Lucie County BOCC will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). St. Lucie County BOCC will ensure contractors procured are not be on the FTA Suspension and Debarment list Frequency of Milestone Progress Reports (MPR) Quarterly Frequency of Federal Financial Reports (FFR) Quarterly Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is not using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds. Will this Grant be using Lapsing Funds? No, this Grant does not use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone Karen Scott Transit Support Specialist scottk@stlucieco.org 772-462-5153 gregory.chilik@dot.gov General Engineer richelle.gosman@dot.gov Community Planner Award Budget Control Totals Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $2,124,103 Local $1,142,701 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $245,350 Total Eligible Cost $3,266,804 Award Budget Packet Pg. 176 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 3 of 17 8.E.1.h Project Number Budget Item FTA Amount Non-FTA Amount Total Eligible Amount Quantity FL-2018-054-01-00 111-00 (111- BUS - ROLLING STOCK $404,227.00 $0.00 $404,227.00 1 FL-2018-054-01-00 11.13.01 BUY 40-FT BUS FOR EXPANSION $254,227.00 $0.00 $254,227.00 1 FL-2018-054-01-00 11.13.40 BUY ASSOC CAP $150,000.00 $0.00 $150,000.00 0 MAINT ITEMS FL-2018-054-01-00 114-00 1-00 (114- BUS: SUPPORT EQUIP AND FACILITIES $15,000.00 $0.00 $15,000.00 0 FL-2018-054-01-00 11.42.07 ACQUIRE - ADP $15,000.00 $0.00 $15,000.00 0 HARDWARE FL-2018-054-01-00 11>-00 (115- ELECTRIFICATION/POWER DIST (BUS) $21,241.00 $0.00 $21,241.00 0 PURCHASE AC FL-2018-054-01-00 11.52.02 POWER/LIGHTING $21,241.00 $0.00 $21,241.00 0 EQUIP FL-2018-054-01-00 AZ)-00 (116- SIGNAL & COMM EQUIPMENT (BUS) $5,000.00 $0.00 $5,000.00 0 FL-2018-054-01-00 11.62.03 PURCHASE $5,000.00 $0.00 $5,000.00 0 RADIOS FL-2018-054-01-00 A17-00 (117- OTHER CAPITAL ITEMS (BUS) $514,693.00 $0.00 $514,693.00 0 FL-2018-054-01-00 11.79.00 PROJECT $150,000.00 $0.00 $150,000.00 0 ADMINISTRATION FL-2018-054-01-00 11.7A.00 PREVENTIVE $364,693.00 $0.00 $364,693.00 0 MAINTENANCE FL-2018-054-01-00 A4)-00 (119- Bus Associated Transit Improvements $21,241.00 $0.00 $21,241.00 0 FL-2018-054-01-00 11.94.02 BUS SHELTERS $21,241.00 $0.00 $21,241.00 0 FL-2018-054-01-00 A00-00 (300- OPERATING ASSISTANCE $1,142,701.00 $1,142,701.00 $2,285,402.00 0 SPECIAL RULE - FL-2018-054-01-00 30.09.03 OPERATING $1,142,701.00 $1,142,701.00 $2,285,402.00 0 ASSISTANCE /1 - 75 BUSES Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Sources of Federal Financial Assistance Po Project Number Number Scope Name Scope Scope UZA Area Account Class Amendment Cumulative Number Suffix Code Name Code FPC Description Amount Amount O N FL- Port Urbanized BUS - ROLLING STOCK A6 123280 2017.25.90.91.2 00 Area $404,227 $404,227 W X977 X977 054-01- 054-0 (11) (111) Lucie, Lucie, Formula I= 00 FL Grants .� FL- Port Urbanized FL-90- 2018- BUS: SUPPORT EQUIP 114-00 A7 St. 123280 2017.25.90.91.2 00 Area $15,000 $15,000 Q X977 054-01- AND FACILITIES (114) Lucie, Formula 00 FL Grants FL- Port Urbanized O M FL-90- 2018- ELECTRIFICATION/POWER 115-00 Al St. 123280 2017.25.90.91.2 00 Area $21,241 $21,241 LA X977 054-01- DIST BUS (BUS) (115) Lucie, Formula ti 00 FL Grants FL- Port Urbanized LL LL FL-90- 2018- SIGNAL & COMM 116-00 A2 St. 123280 2017.25.90.91.2 00 Area $5,000 $5,000 X977 054-01- EQUIPMENT (BUS) (116) Lucie, Formula 00 FL Grants FL- Port Urbanized W FL-90- 2018- OTHER CAPITAL ITEMS 117-00 A3 St. 123280 2017.25.90.91.2 00 Area $514,693 $514,693 06 X977 054-01- (BUS) (117) Lucie, Formula 00 FL Grants E t FL-90- FL- Bus Associated Transit 119-00 A4 Port 123280 2017.25.90.91.2 00 Urbanized $21,241 $21,241 v r X977 2018- Improvements (119) St Area 054-01- Lucie, Formula Q Packet Pg. 177 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 4 of 17 8.E.1.h 00 FL Grants FL- Port Urbanized FL-90- 2018- 300-00 St. Area X977 054-01- OPERATING ASSISTANCE (300) A5 123280 Lucie, 2017.25.90.91.2 04 Formula $1,142,701 $1,142,701 00 FL Grants Part 3: Project Information Project Title: FFY17 5307 Operating and Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL-2018-054-01-00 1024-2018-1-P1 2/27/2018 4/14/2018 6/29/2020 Project Description St. Lucie Community Transit (Demand -Response services and Treasure Coast Connector fixed route) operates within St. Lucie County, FL with connections at bus stops with neighboring counties: Indian River and Martin. Capital assistance funds are directed to address basic system maintenance needs to keep quality of existing fleet equipment at policy levels, optimization of service (e.g.: purchase of passenger viewing monitors for the para-transit buses to insure passenger safety), enhance security on the buses (replacing cameras and radios) and riders comfort and security (improvements to bus stops by installing shelters and providing other associated amenities), addressing the needs of the region's growing population. A portion of these funds are budgeted for project oversight and administrative expenses. Federal funds for operating assistance will allow to continue existing service and will be matched with several local funding sources, including the County Municipal Service Tax Unit and will help efforts to enhance existing services. Project Benefits The aim of St. Lucie County Transit service is to act as a key influence to the economic development of the region and provide a safe and enjoyable commute to riders; St Lucie Community Transit routes serve important employment and retail sectors, connects residents to jobs and services along the growing areas of economic activity including connections to the two neighboring counties, to industrial areas and major retail destinations as well as suburban employment and community areas. Additional Information This Section 5307 FFY17 application is for Capital and Operating Assistance. The capital assistance will include, but not be limited to: purchase: Associated Cap Maintenance Items,(parts, tires and batteries), fleet maintenance/preventive maintenance (on an as needed basis to maintain the vehicle fleet and AVL software maintenance), ADP hardware to upgrade they system as necessary, passenger viewing monitors for para-transit buses, replacement cameras, fare collection system, miscellaneous equipment as needed, replacement radios as needed, for project administration and installation/maintenance of bus shelters. The total project amount for capital assistance is $1,226,753, of which $ 981,402 is the Federal amount which will be matched with toll revenue credits in the amount of $245,351. The total project amount for operating assistance is $2,285,402 of which $1,142,701 is the Federal amount and will be matched with local funds of $1,142,701 , which will come from sources including, but not limited to, the St Lucie County Public Transit Municipal Services Taxing Unit, Council on Aging of St Lucie, Inc. and other sources as may be available. Location Description St. Lucie Community Transit (Demand -Response services and Treasure Coast Connector fixed routes) operates within St. Lucie County, FL with regional connections to neighboring Indian River and Martin Counties. Security Yes -- our organization will expend at least 1 % of the 5307 funds in this application for security -related projects Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123280 Port St. Lucie, FL Congressional District Information State District Representative a Packet Pg. 178 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 5 of 17 8.E.1.h Florida 18 Patrick Murphy Project Control Totals Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $2,124,103 Local $1,142,701 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $245,350 Total Eligible Cost $3,266,804 Project Budget Project Number Budget Item FTA Amount Non-FTA Amount Total Eligible Amount Quantity FL-2018-054-01-00 A11-00 (111- BUS - ROLLING STOCK $404,227.00 $0.00 $404,227.00 1 FL-2018-054-01-00 11.13.01 BUY 40-FT BUS FOR EXPANSION $254,227.00 $0.00 $254,227.00 1 FL-2018-054-01-00 11.13.40 BUY ASSOC CAP $150,000.00 $0.00 $150,000.00 0 MAINT ITEMS FL-2018-054-01-00 114-00 (114- BUS: SUPPORT EQUIP AND $15,000.00 $0.00 $15,000.00 0 A7) FACILITIES FL-2018-054-01-00 11.42.07 ACQUIRE - ADP $15,000.00 $0.00 $15,000.00 0 HARDWARE FL-2018-054-01-00 11 1)-00 (115- ELECTRIFICATION/POWER DIST (BUS) $21,241.00 $0.00 $21,241.00 0 PURCHASE AC FL-2018-054-01-00 11.52.02 POWER/LIGHTING $21,241.00 $0.00 $21,241.00 0 EQUIP FL-2018-054-01-00 A2)-00 (116- SIGNAL & COMM EQUIPMENT (BUS) $5,000.00 $0.00 $5,000.00 0 FL-2018-054-01-00 11.62.03 PURCHASE $5,000.00 $0.00 $5,000.00 0 RADIOS FL-2018-054-01-00 A3)-00 (117- OTHER CAPITAL ITEMS (BUS) $514,693.00 $0.00 $514,693.00 0 FL-2018-054-01-00 11.79.00 PROJECT $150,000.00 $0.00 $150,000.00 0 ADMINISTRATION FL-2018-054-01-00 11.7A.00 PREVENTIVE $364,693.00 $0.00 $364,693.00 0 MAINTENANCE FL-2018-054-01-00 A19-00 (119- Bus Associated Transit Improvements $21,241.00 $0.00 $21,241.00 0 FL-2018-054-01-00 11.94.02 BUS SHELTERS $21,241.00 $0.00 $21,241.00 0 FL-2018-054-01-00 A0)-00 (300- OPERATING ASSISTANCE $1,142,701.00 $1,142,701.00 $2,285,402.00 0 SPECIAL RULE - FL-2018-054-01-00 30.09.03 OPERATING $1,142,701.00 $1,142,701.00 $2,285,402.00 0 ASSISTANCE /1 - 75 BUSES Project Budget Activity Line Items Budget Activity Line Item: 11.42.07 ACQUIRE i r Q Packet Pg. 179 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 6 of 17 8.E.1.h ADP HARDWARE Scope Name / Code #Line Item Line Item Name Activity Quantity BUS: SUPPORT EQUIP AND FACILITIES 11.42.07 ACQUIRE - ADP (114-00) HARDWARE Extended Budget Description Purchase - ADP Hardware to upgrade communications system. ACQUISITION OF BUS SUPPORT EQUIP/FACILITIES 0 The total federal share of the proposed capital program of project is $15,000 which will be matched by toll revenue credits in the amount of $3,750. No item will cost over $5,000. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $15,000 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $3,750 Total Eligible Cost $15,000 Milestone Name Est. Completion Date Description RFP/IFB Issued 6/1/2018 Issue RFP/IFB Contract Completion date 6/30/2019 Contract Complete Contract Award 7/2/2018 Contract Award Budget Activity Line Item: 11.13.01 BUY 40 FT BUS FOR EXPANSION Scope Name / Code Line Item # Line Item Name Activity Quantity BUS - ROLLING STOCK (111-00) 11.13.01 BUY 40-FT BUS FOR EXPANSION BUY EXPANSION - CAPITAL BUS 1 Extended Budget Description Purchase Expansion Bus STD 40' Bus. Purchase Bus (STD ft.) to expand Fixed Route fleet. St. Lucie County will expand transit in 2018 due to increased ridership of the general public, due to extended hours and a "fare free" 2 year pilot program, funded by the Florida Department of Transportation. Council on Aging of St. Lucie, Inc/Community Transit ( contracted providers) will operate the service. The fleet status has been updated to reflect new vehicle. The total federal share of the proposed capital program of the project is $254,227, which will be matched by toll revenue credits in the amount of $63,557. The useful life is twelve (12) years or 500,000 miles. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition N/A Diesel Fuel New Vehicle Size (ft.) 40 ft. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $254,227 Packet Pg. 180 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 7 of 17 8.E.1.h Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $63,557 Total Eligible Cost $254,227 Milestone Name Est. Completion Date Description RFP/IFB Issue Date 7/2/2018 Issue RFP/IFB Contract Award Date 8/2/2018 Contract Award Contract Completion Date 9/30/2019 Contract Complete Initial Delivery Date 7/31/2019 Initial Delivery Date Final Delivery Date 8/31/2019 Final Delivery Date Budget Activity Line Item: 11.13.40 BUY ASSOC CAP MAINT ITEMS Scope Name / Code Line Item # Line Item Name Activity Quantity BUS - ROLLING STOCK (111-00) 11.13.40 BUY ASSOC CAP MAINT ITEMS BUY EXPANSION - CAPITAL BUS 0 Extended Budget Description Purchase Assoc Cap Maint - Purchase tires and batteries for the fleet on an as needed basis. The total federal share of the proposed capital program of project is $150,000 which will matched with toll revenue credits in the amount of $37,500. No single item will cost over $5,000. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition N/A N/A N/A Vehicle Size (ft.) Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $150,000 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $37,500 Total Eligible Cost $150,000 Milestone Name Est. Completion Date Description RFP/IFB Issue Date 7/2/2018 Issue RFP/IFB Contract Award Date 8/1/2018 Contract Award Contract Completion Date 6/30/2019 Contract Complete Budget Activity Line Item: 30.09.03 Packet Pg. 181 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 8 of 17 8.E.1.h SPECIAL RULE OPERATING ASSISTANCE /1 75 BUSES Scope Name / Code #Line Item Line Item Name Activity Quantity OPERATING ASSISTANCE (300- 30SPECIAL RULE - OPERATING ASSISTANCE /1 - 75 OPERATING 0 00) .09.03 BUSES ASSISTANCE Extended Budget Description Special Rule - Operating Assistance /1 - 75 Buses The period for Operating Assistance is anticipated to be 07/01/2018-06/30/2020. Will 3rd Party contractors be used to fulfill this activity line item? No, 3rd Party Contractors will not be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $1,142,701 Local $1,142, 701 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $2,285,402 Milestone Name Est. Completion Date Description nitial Expenditure 7/1/2018 Initial Expenditure - Operating assistance is anticipated for the period 07/01/2018 through 06/30/2020. =inal Expenditure 6/30/2020 Final Expenditure Budget Activity Line Item: 11.52.02 PURCHASE AC POWER/LIGHTING EQUIP Scope Name / Code Line Item # Line Item Name Activity Quantity ELECTRIFICATION/POWER DIST (BUS) (115-00) 11.52.02 PURCHASE AC POWER/LIGHTING EQUIP AQUISITION 0 Extended Budget Description Acquisition - A/C Power/Lighting Services. To complete the installation and upgrade of parking lot lighting at both sites where the fleet is parked. The total federal share of the proposed capital program of project is $21,241 which will be matched by toll revenue credits in the amount of $5,310. No single item will cost over $5,000. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $21,241 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $5,310 A Packet Pg. 182 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 9 of 17 8.E.1.h Total Eligible Cost $21,241 Milestone Name Est. Completion Date Description Issue RFP/IFB 4/15/2018 Issue RFP/IFB Contract Award 5/15/2018 Contract Award Contract Complete 12/15/2018 Contract Complete Budget Activity Line Item: 11.62.03 PURCHASE RADIOS Scope Name / Code Line Item # Line Item Name Activity Quantity SIGNAL & COMM EQUIPMENT (BUS) (116-00) 11.62.03 PURCHASE RADIOS AQUISITION 0 Extended Budget Description Purchase replacement radios as needed. The total federal share of the proposed capital program of project is $5,000 which will be match with toll revenue credits in the amount of $1,250. No single item will cost more than $5,000 Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $5,000 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $1,250 Total Eligible Cost $5,000 Milestone Name Est. Completion Date Description RFP/IFB Issued 6/1/2018 RFP/IFB Issued Contract Award 7/1/2018 Contract Award Contract Completion Date 6/30/2019 Contract Complete Budget Activity Line Item: 11.79.00 PROJECT ADMINISTRATION Scope Name / Code Line Item # Line Item Name Activity Quantity OTHER CAPITAL ITEMS (BUS) (117-00) 11.79.00 PROJECT ADMINISTRATION OTHER CAPITAL ITEMS (BUS) 0 Extended Budget Description Project Administration. The total federal share of the proposed capital program of project is $150,000 which will be match with toll revenue credits in the amount of $37,500. Activities under project administration will include staff salaries (including contracted labor), office supplies, and staff travel. Funds from this ALI will be used only for work pertaining to the current grant application. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount Packet Pg. 183 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 10 of 17 8.E.1.h 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $150,000 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $37,500 Total Eligible Cost $150,000 Milestone Name Est. Completion Date Description Initial Expenditure 9/1/2018 Initial Expenditure Final Expenditure 9/30/2019 Final Expenditure Contract Complete 10/15/2019 Contract Complete Budget Activity Line Item: 11.7A.00 PREVENTIVE MAINTENANCE Scope Name / Code Line Item # Line Item Name Activity Quantity OTHER CAPITAL ITEMS (BUS) (117-00) 11.7A.00 PREVENTIVE MAINTENANCE OTHER CAPITAL ITEMS (BUS) 0 Extended Budget Description Preventive Maintenance - Purchase on an as needed basis to maintain the vehicle fleet. The total federal share of the proposed capital program of project is $364,693 which will be match with toll revenue credits in the amount of $91,173 The period is anticipated to be 07/02/2018-06/30/2019. No single item will cost over $5,000. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $364,693 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $91,173 Total Eligible Cost $364,693 Milestone Name Est. Completion Date Description RFP/IFB issued 6/1/2018 RFP/IFB issued Contract Award 7/2/2018 Contract award Contract Complete 6/30/2019 Contract Complete Budget Activity Line Item: 11.94.02 BUS SHELTERS Scope Name / Code Line Item # Line Item Name Activity Quantity Packet Pg. 184 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 11 of 17 8.E.1.h Bus Associated Transit Improvements (119-00) 11.94.02 BUS SHELTERS REHAB/RENOVATION 0 to Extended Budget Description C Renovation/rehab and installation of bus shelter and amenities, including, but not limited to solar lighting, and maintenance (painting, repair). Useful life of the shelter is 15 years. The total federal share of the proposed capital program of project is $21,241 which will be matched with toll revenue credits in the amount of $5,310 No single item will cost more than $5,000. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $21,241 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $5,310 Total Eligible Cost $21,241 Milestone Name Est. Completion Date Description RFP/IFB Issued 10/1/2018 RFP/IFB Issued Contract Award 11/1/2018 Contract award Contract Complete 6/30/2019 Contract Complete Project Environmental Findings Finding: Class II (c) Categorical Exclusions (C List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Total Eligible Amount Cost ELECTRIFICATION/POWER DIST (BUS) 11.52.02 PURCHASE AC POWER/LIGHTING 0 $21,241.00 $21,241.00 (115-00) EQUIP Finding: Class II (c) Categorical Exclusions (C Packet Pg. 185 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 12 of 17 8.E.1.h List) I rn Class Level Description C Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant ` environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an to environmental assessment or an environmental impact statement. Class II(c) does not require documentation. M Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost SIGNAL & COMM EQUIPMENT (BUS) (116-00) 11.62.03 PURCHASE RADIOS 0 $5,000.00 $5,000.00 Finding: Class 11 (c) Categorical Exclusions (C List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost OTHER CAPITAL ITEMS (BUS) (117-00) 11.79.00 PROJECT ADMINISTRATION 0 $150,000.00 $150,000.00 Finding: Class 11 (c) Categorical Exclusions (C List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name I Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost L 3 a 0 M LO ti LL LL z T LLI 00 r C d E z t� to a Packet Pg. 186 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 13 of 17 8.E.1.h OTHER CAPITAL ITEMS (BUS) (117-00) 11.7A.00 PREVENTIVE MAINTENANCE 0 Finding: Class II (c) Categorical Exclusions (C $364,693.00 $364,693.00 Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost Bus Associated Transit Improvements (119-00) 11.94.02 BUS SHELTERS 0 $21,241.00 $21,241.00 Finding: Class 11 (c) Categorical Exclusions (C List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Amount Total Eligible Number Cost OPERATING ASSISTANCE 30.09.03 SPECIAL RULE - OPERATING ASSISTANCE /1 0 $1,142,701.00 $2,285,402.00 (300-00) - 75 BUSES Finding: Class 11 (c) Categorical Exclusions (C. List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description r� a Packet Pg. 187 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 14 of 17 8.E.1.h Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost BUS - ROLLING STOCK (111-00) 11.13.40 BUY ASSOC CAP MAINT ITEMS 0 $150,000.00 $150,000.00 Finding: Class 11 (c) Categorical Exclusions (C List) Class Level Description Class 11(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class IIc CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Amount Total Eligible Cost BUS -ROLLING STOCK (111-00) 11.13.01 BUY 40-FT BUS FOR EXPANSION 1 $254,227.00 $254,227.00 Finding: Class II (c) Categorical Exclusions (C Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Number BUS: SUPPORT EQUIP AND FACILITIES (114- 11.42.07 00) Part 4: Fleet Details ACQUIRE - ADP HARDWARE Quantity FTA Total Eligible Amount Cost 0 $15,000.00 $15,000.00 a Packet Pg. 188 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 15 of 17 8.E.1.h No fleet data exists for this application Part 5: FTA Review Comments M Application Review Comments Comment By richelle.gosman@dot.gov Comment Type FTA Post Review Comments for Grantee G Date 3/8/2018 J2 1. Recipient. FY2018 C&As must be pinned in TrAMS. 2. Application M a. Attach TDC approval letter from State. b. Attach Table 3A of apportionment demonstrating ability to use funding for operating and the cap. N c. Please confirm the attached STIP pages are from the most recent approved STIP. Please also extract the single page on r_ which funding in this application is reflected or highlight projects in the document. 0 d. In Application Details, Application End Date should be set to the date of March 30 at least 2 years after last milestone date in .0 the application (3/30/2022, in this case). e. In Application Executive Summary, include amount of federal funding applied in this application. f. In Application Executive Summary, include amount of local match and source(s), i.e., TDCs and (General Fund? Some other c budget?). CO) g. In Application Executive Summary, include the following language: L0 i. [GRANTEE] will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle t0� Comment Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. 13 ii. [GRANTEE] will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). 0 iii. [GRANTEE] will ensure contractors procured are not be on the FTA Suspension and Debarment list. V h. Pre -Award Authority is not selected. Please confirm correct. 3. Project C6 a. Attached split letter allocates $2,124,103 to St. Lucie. This application applies $2,224,103. Please correct or attach documentation supporting extra $100k. b. If total should be the lower amount, TDC amount is correct. Is extra $100k is correct, TDC total should be $270,351. c. 11.13.01 i. In EBD, include note confirming that Recipient fleet status has been updated to reflect new vehicle. +0—, ii. All vehicle ALls must include a minimum of 5 milestones: RFP Date, Contract Award Date, Initial Delivery Date, Final Delivery i Date, Contract Complete Date. y d. 30.09.03. Include period for operating expenses, not to exceed 2 years. e. 11.7A.00. Include the period for PM, not to exceed 1 year. May request preventive maintenance for the immediately preceding year (reimbursement) or for the current year (advance). a Comment By richelle.gosman@dot.gov Comment Type FTA Post Review Comments for Grantee i F_ Date 6/25/2018 Director comment: ` N Comment 11.94.02 BUS SHELTERS ly Per FAST Act, landscaping is not eligible unless functional landscaping. Please explicitly verify "functional landscaping." M Comment By richelle.gosman@dot.gov Comment Type FTA Post Review Comments for Grantee N Date 7/5/2018 W Comment No comments - Please return. w Part 6: Agreement 3 a UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION LO FEDERAL TRANSIT ADMINISTRATION ti GRANT AGREEMENT } LL (FTA G-24, October 1, 2017) ILL z On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has r obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient LLI affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. LU r The following documents are incorporated by reference and made part of this Grant Agreement: y (1) "Federal Transit Administration Master Agreement," FTA MA(24), October 1, 2017, http://www.transit.dot.gov, E (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and z (3) Any Award notification containing special conditions or requirements, if issued. v M r� r� WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, Q Packet Pg. 189 fi 1 e : //boccfs02/si cout$/humser/group/common/02 %2OTransportati on/000%2OTransportatio... 7/27/2018 View Print Page 16 of 17 8.E.1.h "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows: Recipient Information Recipient Name: St Lucie, County Of Recipient ID: 1024 DUNS No: 072215403 Award Information Federal Award Identification Number: FL-2018-054-00 Award Name: FFY17 5307 Operating and Capital Assistance Award Start Date: 7/9/2018 Award End Date: 3/29/2023 Award Executive Summary: This Application for 5307 FFY17 Federal Assistance is consistent with the Designated Recipient (Port St. Lucie Urbanized Areas LIZA) split letter dated January 30, 2018, and attached to this application. The total Federal Funding for this application is $2,124,103. Of this amount, $1,142,701 will be used for Operating Assistance, (matched with local funds of $1,142,701) and Capital Assistance of $981,402 (matched by TRC of $245,350). Funding is for Capital assistance (for the purchase of goods and services to include but not be limited to fleet's PM, parts, tires and batteries, AVL software maintenance, VLU to tract fleet vehicles, install lighting at fleets parking areas, improve bus stops with installation of shelters and other related amenities and for project oversight administration costs) as well as for Operating Assistance. St. Lucie County BOCC will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. St. Lucie County BOCC will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). St. Lucie County BOCC will ensure contractors procured are not be on the FTA Suspension and Debarment list. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds. Pre -Award Authority: This award is not using Pre -Award Authority. Award Budget Total Award Budget: $3,266,804.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $2,124,103.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $1,142,701.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $2,124,103.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $1,142,701.00 Award Budget Control Totals The Budaet includes the individual Proiect Budaets (Scopes and Activitv Line Items) or as attached Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and forward) 5307-2A 20507 $2,124,103 Local $1,142,701 Local/In-Kind $0 State $0 fi 1 e : //boccfs02/s] cout$lhumser/group/common/02 %2OTransportati on/000%2OTransportatio Packet Pg. 190 7/27/2018 View Print Page 17 of 17 8.E.1.h State/In-Kind $0 Other Federal $0 Transportation Development Credit $245,350 Total Eligible Cost $3,266,804 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Review Decision: DOL Concurs - Certified Original Certification Date: 7/6/2018 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: yvette.taylor@dot.gov Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date: 7/9/2018 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: St Lucie, County Of r Q Packet Pg. 191 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 8.E.2 ITEM NO. RES-2018-140 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: BACKGROUND: Murriah Dekle, Transit Manager Transit Division DATE: 08/07/2018 *CONSENT AGENDA\COMMUNITY SERVICES Resolution - Federal Transit Administration 49 U.S. Code § 5339 - Grants for buses and bus facilities FFY17 Annually, the Federal Transit Administration (FTA) allocates capital funding to designated recipients for the purchase of buses, bus infrastructure and related equipment. For FFY17, the total FTA award amount is $193,773. Matching funds must be provided in the amount of $48,443 and will be met using State Toll Revenue Credits (TRC's). TRC's are calculated as a credit in the grant equation and do not have cash value but can be used as local 'soft' match for Federal capital funding. Funding from this grant will be utilized to assist with the purchase of a new bus. Detailed project budget information is contained within the project control tables of the attached FTA application. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These funds were not part of the approved FY17/18 budget must be established prior to expenditure. Matching funds will be provided through State Toll Revenue Credits. Funds totaling $193,773, will be deposited to the Federal Transit Administration 5339 fund 130130-4410-331421-400. RECOMMENDATION: Staff recommends Board acceptance of the FFY17 FTA 49 U.S. Code § 5339 grant for buses and bus facilities in the amount of $193,773, approval of the budget resolution, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 192 8.E.2 Coordination/Signatures i a Wesloski, Community Service Director /19 18 0', anie . McIntyre, C my ttorney 7/26/2018 Jenni Hi �, Interim ffic of and B dget Direct 7/z6/zois "// :Dx -, L- Ho and Tipton, Count Administrato 7/27/2018 Updated: 7/27/2018 3:52 PM by Katrina Slay Page 2 Packet Pg. 193 8.E.2.a U.S. Department of Labor Office of Labor -Management Standards Washington, D.C. 20210 July 02, 2018 Yvette Taylor, Regional Administrator Federal Transit Administration, Region IV 61 Forsyth Street, SW, Ste. 17T50 Atlanta, GA 30303-8917 Re: U.S. Department of Labor 49 U.S.C. § 5333(b) Certification FTA Grant Application FL-2018-053-00 St. Lucie County Board of County Commissioners Dear Regional Administrator: This is in reply to the U.S. Department of Transportation, Federal Transit Administration's request for certification of employee protective provisions for the above -referenced grant application under 49 U.S.C. § 5333(b). Revisions and/or amendments to this grant may be subject to additional certification in accordance with 29 C.F.R. § 215. The Department of Labor certifies that the protective arrangements identified below provide protections to employees of the Grantee, and other service area providers, that satisfy the requirements of 49 U.S.C. § 5333(b). GRANTEE: St. Lucie County Board of County Commissioners Employee Representation Protections N/A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 Service Area Provider: Indian River County Board of County Commissioners Employee Representation Protections /A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 Service Area Provider: Martin County Board of County Commissioners Employee Representation Protections /A Capital and Operating Assistance: Non -Union Protective Arrangement dated 10/17/2014 This certification letter and the attached protective arrangements shall be made part of the contract of assistance between the Grantee and the U.S. Department of transportation, by reference. 1 of 3 Packet Pg. 194 8.E.2.a Sincerely, Karen Torre, Chief Division of Statutory Programs Office of Labor -Management Standards Department of Labor Torre.Karen&dol.gov (202) 693-1209 cc: Karen Scott/SLC BOC 2 of 3 Packet Pg. 195 8.E.2.a Attachments: Nonunion Protective Arrangement- 10- 1 7-2014.pdf 3 of 3 Packet Pg. 196 8.E.2.b FDOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street MIKE DEW GOVERNOR Tallahassee, FL 32399-0450 SECRETARY MEMORANDUM DATE: June 12, 2018 TO: Larry Merritt, D4, Passen r Operati s Manages FROM: Gerard O R urke, State Freight end Logistics Administrator COPY: Richelle Gosman (FTA), Jaynes Jobe, Ed Coven, Elizabeth Stutts, files SUBJECT: Authorization for the Use of State Toll Revenue Credits as FTA "Soft Match" for St. Lucie County BOCC FTA FFY17 Section 5339 grant application, 1024-2018-2, FM 434548-1 This is in response to the request dated June 12, 2018, requesting the Department's authority to grant a request by St. Lucie County BOCC to use state toll revenue credits in the amount of $48,443 as soft match for the capital portion of their FTA FFY17 Section 5339 grant application. In accordance with Title 23 United States Code Section 120(i)(1) and the State of Florida's adopted policy regarding the use of toll revenue credits for public transit capital and planning projects, we concur with your determination of eligibility and hereby authorize St. Lucie County BOCC to use $48,443 in State of Florida toll revenue credits as soft match for these FTA projects. Use of the toll revenue credits as soft match will effectively allow for FTA funding of capital projects at a 100% federal share. when providing a copy of this authorization to St. Lucie County BOCC please ask them to reference the use of this credit in their project budget sheets of their FTA application, and send a copy of this authorization letter to their FTA Project Manager. Also include the item number reference where these proiects are included in the STIP. FDOT will work with the Federal Highway Administration to ensure that the use of the toll revenue credits is properly accounted and recorded. If you have any questions, please contact Heather Kay, Federal Grants Manager, at 850-414-4239. GO/hk r In N w ;_ U a a www.fdot.gov Packet Pg. 197 SUBGRANT AGREEMENT - FL-2018-053-00 8.E.2.c (FFY17-5339) THIS SUBGRANT AGREEMENT, made this day of , 2018, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient: IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a sub -grant in a total amount not to exceed one hundred ninety-three thousand seven hundred seventy-three and 00/100 dollars ($193,773.00), pursuant to the FY17, 49 U.S.0 Section 5339 Grant Agreement between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is one hundred ninety-three thousand seven hundred seventy-three and 00/100 dollars ($193,773.00). Funds provided to the Recipient will be used for the purchase of buses. The Recipient shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The grant funds shall be used only as set forth in this Agreement. The Recipient agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding, including, but not limited to, audit and safety certification requirements. A County property record number shall be affixed to any grant purchased equipment with a cost of one thousand and 00/100 dollars ($1,000) or more. The Recipient agrees to abide by the County Purchasing Manual and to coordinate with the County Purchasing Division in the acquisition of any equipment, pursuant to this Agreement. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Federal Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In addition, the Recipient shall provide the County with a copy of the Recipient's annual audit for each fiscal year during which the Recipient expends funds received pursuant to this Agreement. The Recipient shall submit all documents required under this paragraph 1 Packet Pg. 198 8.E.2.c within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omissions. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Public records. The Recipient 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 Recipient in conjunction with this Agreement. Specifically, the Recipient shall: (a). 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 Recipient in conjunction with this Agreement. (b). Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c). 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. Packet Pg. 199 8.E.2.c (d). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e). 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 AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bel lamyS@stludeco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRIGNIA AVENUE, FORT PIERCE, FL 34982 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: WITH COPY TO: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 TO THE RECIPIENT: President/CEO Council on Aging of St. Lucie, Inc/Community Transit 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 13. The Recipient 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 Florida Statutes 112.311 3 Packet Pg. 200 8.E.2.c (2018) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient 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 Recipient'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 Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and 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 Recipient under the terms of this Agreement. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. 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. 15. 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. 16. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 17. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [The next page is the signature page.] n Packet Pg. 201 8.E.2.c IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC PRESIDENT/CEO (SEAL) k Packet Pg. 202 8.E.2.d RESOLUTION 0 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. 00 Lucie County, certain funds not anticipated at the time of adoption of the budget have become available 0 N from the U.S. Department of Transportation, in the amount of $193,773. The funding from this grant is for purchase of buses, bus infrastructure, and related equipment. 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 7th day of August, 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 130130-4410-331421-400 Federal Transit Administration $193,773 APPROPRIATIONS 130130-4410-564000-400 Machinery & Equipment $193,773 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 7TH DAY OF AUGUST 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 203 MEMORANDUM TO: Howard Tipton, County Administrator THROUGH: Jeff Bremer, Deputy County Administrator THROUGH: Jennifer Hill, Interim Management and Budget Director THROUGH: Diana Wesloski, Community Services Director OW FROM: Muniah Dekle, Transit Manager DATE: July 10, 2018 SUBJECT: Federal Transit Administration — Title 49 U.S. Code § 5339 Bus and Bus Facilities Formula Program Background: This memo is an authorization request to submit a federal fiscal year (FFY) 2017 grant application to the Federal Transit Administration Bus and Bus Facilities Formula Program (49 U.S.C. § 5339) for capital assistance. Funds Available: The total project cost is $193,773 of which the federal share of eligible capital costs is eighty percent, unless the applicant uses Tall Revenue Credits provided by the Florida Department of Transportation (FDOT) which allows an applicant to use one -hundred percent of the federal share or, $193,773. This grant requires a twenty percent match, or $48,443 which will be met using Toil Revenue Credits provided by the Florida Department of Transportation (FDOT). Toll Revenue Credits are not part of the total project cost. Toll Revenue Credits are considered a "soft match". Recommendation: County Administrator authorization to submit a FFY17 Section 5339 Capital Assistance Grant application to the Federal Transit Administration in the total amount of $193,773. Jennifer Hill, Interim Management and Budget Director Jeff Bremer, Deputy County Administrator Howard Tipton, County Administrator /Memo 18-127 ST. LUCIE Packet Pg. 204 8.E.2.e Home J My Projects ! project Dashboard 1 Approval History Approval History ORGO220 FTA - 6307 FFY17 Grant Bus and Bus Facilities .Approval Completed Completed Download Manage Stage Task Name Due Type Gin Bp Files Files Notes App. &Rgst.Approval: Grant Application to Submit- 0712W2018 Sequential 0711312018 li Defile Preparation Community Services App. ®Approval Reed Grant Application to Submit- JV20f2018 Sequential C711 M018 T Johnson J J Preparation CommunityServices App. -Approved 0712012018 Sequential C711312018 T Johnson Preparation App. ® Approval Re d G rant Ape icatio n to Su m it- 071P012019 Sequential 07113/2018 AHall 41 Preparation Community Services App. -Approved 0712012018 Sequential 0711312018 A Hall Preparation App. ®Approval Reed'. Grant Application to Submit- 07120Y201B Sequential 071151201a J_Hill J Preparation Community Seances App. -Approved 07121012101 8 Sequential 0711512018 J. Hill Preparation App. &Approval Reed. Grant Applica5onto Submit- 07120f2018 Sequential 07115f2018 J. Bremer 6P J Preparation Community Seances App. -Approved 071201201 8 Sequential C711612018 J. Bremer Preparation App. ® Approval Reed Grant Application to Submit- 071P012019 Sequential 0772512018 H. Tipton Preparation Community Services 110, App. -Approved 0712012018 Sequential 0712512018 H. Tipton Preparation Done ) Packet Pg. 205 View Print Page 1 of 9 DOT U.S. Department of Transportation Award FTA Federal Transit Administration Federal Award Identification Number (FAIN) FL-2018-053-00 Temporary Application Number 1024-2018-2 Award Name FFY17 5339 Capital Award Status Obligated / Ready for Execution Award Budget Number 0 Part 1: Recipient Information Name: St Lucie, County Of Recipient ID Recipient OST Type Recipient Alias Recipient DUNS 1024 County Agency ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 072215403 Location Type Address City State Zip Headquarters 2300 VIRGINIA AVE STE 226 FORT PIERCE FL 349825632 Physical Address 2300 VIRGINIA AVE STE 226 FORT PIERCE FL 34982 Mailing Address 2300 VIRGINIA AVE FORT PIERCE FL 34982 Union Information Union Name NONE Address 1 N/A Address 2 City N/A State Zipcode 00000 Contact Name N/A N/A Telephone Fax E-mail Website Part 2: Award Information Title: Packet Pg. 206 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 2 of 9 FFY17 5339 Capital FAIN Award Status Award Type Date Created Last Updated Date FL-2018-053-00 Obligated / Ready for Execution Grant 1/5/2018 1/5/2018 Award Start Date 7/3/2018 Award End Date 3/29/2023 From TEAM? No Award Executive Summary This Application for 5307 FFY17 Federal Assistance is consistent with the Designated Recipient (Port St. Lucie Urbanized Areas UZA) split letter dated October 6, 2017, and attached to this application. The total Federal Funding for this application is $193,773 which will be used for capital assistance (matched by TRC of $48,443) St. Lucie County BOCC will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. St. Lucie County BOCC will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). St. Lucie County BOCC will ensure contractors procured are not be on the FTA Suspension and Debarment list. Frequency of Milestone Progress Reports (MPR) Annual Frequency of Federal Financial Reports (FFR) Annual Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is not using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds. Will this Grant be using Lapsing Funds? No, this Grant does not use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone Karen Scott Transit Support Specialist scottk@stlucieco.org 772-462-5153 gregory.chilik@dot.gov General Engineer richelle.gosman@dot.gov Community Planner Award Budget Control Totals Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $193,773 Local $0 Local/In-Kind $0 Packet Pg. 207 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 3 of 9 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $48,443 Total Eligible Cost $193,773 Award Budget FTA Non-FTA Total Project Number Budget Item Amount Amount Eligible Quantity Amount FL-2018-053-01-00 111-00 BUS - ROLLING STOCK $193,773.00 $0.00 $193,773.00 1 (111-Al) BUY 40-FT BUS FL-2018-053-01-00 11.13.01 FOR $193,773.00 $0.00 $193,773.00 1 EXPANSION Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Sources of Federal Financial Assistance Po Project Scope Scope Scope UZA Area Account Class FPC Description Amendment Cumulative Number Number Name Number Suffix Code Name Code Amount Amount BUS Port Bus Form - FL-34- 2018- ROLLING 111-00 Al St 123280 2017.25.34.BF.2 00 Formula $193,773 $193,773 0092 053-01- STOCK (111) Lucie, Alloc 00 FL Part 3: Project Information Project Title: FFY17 5339 Purchase STD 40 ft Bus Project Number Temporary Project Number Date Created Start Date End Date FL-2018-053-01-00 1024-2018-2-Pl 2/28/2018 7/1/2018 9/29/2019 Project Description St. Lucie Community Transit (Demand -Response services and Treasure Coast Connector fixed route) operates within St. Lucie County, FL with connections at bus stops with neighboring counties: Indian River and Martin. The purchase of this vehicle for the fixed route will enhance services and assist in reducing the current headway on Route 1, which is the main route through St Lucie County which also extends into Martin County. Project Benefits The aim of St. Lucie County Transit service is to act as a key influence to the economic development of the region and provide a safe and enjoyable commute to riders; St Lucie Community Transit routes serve important employment and retail sectors, Packet Pg. 208 file://boccfs02/slcout$/humser/group/common/02%2OTransportation/000%2OTran sportatio... 7/27/2018 View Print Page 4 of 9 connects residents to jobs and services along the growing areas of economic activity including connections to the two neighboring counties, to industrial areas and major retail destinations as well as suburban employment and community areas. Additional Information The total project amount for capital assistance is $242,216, of which $ 193,773 is the Federal amount which will be matched with toll revenue credits in the amount of $48,443. Location Description St. Lucie Community Transit (Demand -Response services and Treasure Coast Connector fixed route) operates within St. Lucie County, FL with connections at bus stops with neighboring counties: Indian River and Martin. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123280 Port St. Lucie, FL Congressional District Information State District Representative =lorida 18 Patrick Murphy Project Control Totals Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $193,773 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $48,443 Total Eligible Cost $193,773 Project Budget FTA Non-FTA Total Project Number Budget Item Amount Amount Eligible Quantity Amount FL-2018-053-01-00 111-00 BUS - ROLLING STOCK $193,773.00 $0.00 $193,773.00 1 (111-A1) BUY 40-FT BUS FL-2018-053-01-00 11.13.01 FOR $193,773.00 $0.00 $193,773.00 1 EXPANSION Project Budget Activity Line Items Budget Activity Line Item: 11.13.01 BUY 40 M 3 Q as M M u7 ti r LL LL N ui m E t U M r Q Packet Pg. 209 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 5 of 9 FT BUS FOR EXPANSION Scope Name / Code Line Item Line Item Name Activity Quantity BUS - ROLLING STOCK (111- 11BUY 40-FT BUS FOR BUY EXPANSION - CAPITAL 1 00) .13.01 EXPANSION BUS Extended Budget Description Purchase one (1) STD 40 FT bus for improved headways and expansion on Fixed Route. The total federal share of the proposed capital program of project is $193,773 which will be matched by toll revenue credits in the amount of $48,443. The useful life is twelve (12) years or 500,000 miles. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition N/A Diesel Fuel New Vehicle Size (ft.) 40 ft Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $193,773 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $48,443 Total Eligible Cost $193,773 Milestone Name Est. Completion Date Description RFP/IFB Issue Date 7/2/2018 RFP/IFB Issue Contract Award Date 8/2/2018 Contract Award Contract Completion Date 9/30/2019 Contract Complete Initial Delivery Date 7/31/2019 Initial Delivery Date Final Delilvery Date 8/31/2019 Final Delilvery Date Project Environmental Findings Finding: Class 11 (c) Categorical Exclusions (C List) Class Level Description Class II(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Packet Pg. 210 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 6 of 9 Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS - ROLLING STOCK 11.13.01 BUY 40-FT BUS FOR 1 $193,773.00 $193,773.00 (111-00) EXPANSION Part 4: Fleet Details No fleet data exists for this application. Part 5: FTA Review Comments Application Review Comments Comment By richelle.gosman@dot.gov Comment Type FTA Post Review Comments for Grantee Date 3/8/2018 1. Recipient. FY2018 C&As must be pinned in TrAMS. 2. Application a. Attach TDC approval letter from State. b. Attach split letter indicating funding has been allocated to St. Lucie. c. Please confirm the attached STIP pages are from the most recent approved STIP. Please also extract the single page on which funding in this application is reflected or highlight projects in the document. d. In Application Details, Application End Date should be set to the date of March 30 at least 2 years after last milestone date in the application (3/30/2022, in this case). e. In Application Executive Summary, include amount of federal funding applied in this application. f. In Application Executive Summary, include the following language: Comment i. [GRANTEE] will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. ii. [GRANTEE] will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). iii. [GRANTEE] will ensure contractors procured are not be on the FTA Suspension and Debarment list. g. Pre -Award Authority is not selected. Please confirm correct. 3. Project. 11.13.01 a. In EBD, provide reasoning/support for need of expansion vehicle. b. In EBD, include note confirming that Recipient fleet status has been updated to reflect new vehicle. c. All vehicle ALls must include a minimum of 5 milestones: RFP Date, Contract Award Date, Initial Delivery Date, Final Delivery Date, Contract Complete Date. Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-24, October 1, 2017) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance Packet Pg. 211 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 7 of 9 with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(24), October 1, 2017, http://www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows: Recipient Information Recipient Name: St Lucie, County Of Recipient ID: 1024 DUNS No: 072215403 Award Information Federal Award Identification Number: FL-2018-053-00 Award Name: FFY17 5339 Capital Award Start Date: 7/3/2018 Award End Date: 3/29/2023 Award Executive Summary: This Application for 5307 FFY17 Federal Assistance is consistent with the Designated Recipient (Port St. Lucie Urbanized Areas LIZA) split letter dated October 6, 2017, and attached to this application. The total Federal Funding for this application is $193,773 which will be used for capital assistance (matched by TRC of $48,443). St. Lucie County BOCC will ensure that all vehicles purchased are accessible, purchased from an FTA approved Transit Vehicle Manufacturers (TVM), and reported to FTA within 30 days after contract is signed. St. Lucie County BOCC will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). St. Lucie County BOCC will ensure contractors procured are not be on the FTA Suspension and Debarment list. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds. Pre -Award Authority: This award is not using Pre -Award Authority. Award Budget Total Award Budget: $193,773.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $193,773.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $193,773.00 Packet Pg. 212 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 8 of 9 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $0.00 Award Budget Control Totals 1 ne budget Includes the individual Nro ect bud etS (Scopes and Activity Line Items or as attached Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $193,773 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $48,443 Total Eligible Cost $193,773 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Review Decision: DOL Concurs - Certified Original Certification Date: 7/2/2018 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: yvette.taylor@dot.gov Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date: 7/4/2018 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Packet Pg. 213 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 View Print Page 9 of 9 St Lucie, County Of Packet Pg. 214 file://boccfs02/slcout$/humser/group/common/02%20Transportation/000%20Tran sportatio... 7/27/2018 8.E.3 ITEM NO. RES-2018-141 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Wayne Teegardin, Veterans Services Manager Veterans Services Division DATE: 08/07/2018 *CONSENT AGENDA\COMMUNITY SERVICES Veteran Assistance Center - 809 N. 9th Street, Fort Pierce, FL 34950 The Agape House, located at 809 N. 9th Street, Fort Pierce, FL has been designated as the future Veteran's Assistance Center for St. Lucie County. This project has received financial donations. This project is a donation based project renovating a county owned building to provide safe and decent housing for Veterans seeking to rebuild their lives, with a goal of self-sufficiency. PREVIOUS ACTION: 6/5/2018 Termination of Lease of property at the Agape House, located at 809 N. 9th Street, Fort Pierce, FL FINANCIAL IMPACT: These donations are located in 001-5310-366900-500, which has a balance of $1,500.00. This amount was not part of the approved FY17/18 budget and must be established prior to expenditure. Finance has provided program number 185601 to track donations for this project. RECOMMENDATION: Staff recommends Board approval of the budget resolution, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 215 8.E.3 Coordination/Signatures i a Wesloski, Community Service Director /23 1 anie S. McIntyre, C y ttorney 7/26/2015 Jenni Hi 1, Interim Offic of ale and B dget Direct 7/z6/zois A) Ho and Tipton, Count Administrato 7/2.7/2018 Updated: 7/27/2018 8:19 AM by Katrina Slay Page 2 Packet Pg. 216 RESOLUTION 8.E.3.a 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 donations, in the amount of $1,500, as revenue for the renovation of the Agape Veteran Assistance Center. 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 7th day of August, 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 001-5310-366900-185601 Donations $1,500 APPROPRIATIONS 001-5310-563000-185601 Infrastructure $1,500 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 7TH DAY OF AUGUST 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 217 8.H.1 ITEM NO. (ID # 5348) COUNT::] F L Q R I DATE: 08/07/2018 AGENDA REQUEST *CONSENT AGENDA\FACILITIES TO: Board of County Commissioners PRESENTED BY: Jeremiah Johnson, Facilities Manager SUBMITTED BY: Facilities Department SUBJECT: Award Bid No. 18-056 Generator Preventative Maintenance, Service, Inspections & Load Bank Testing BACKGROUND: On June 13, 2018 submittals to Bid 18-056 for Generator Maintenance, Service, Inspections and Load Bank Testing were opened. Three submittals were received, 85 companies were notified, and five bid documents were distributed. Bid No. 18-056 was bid in accordance with Local Preference Ordinance No. 09-005. The intent of the bid is to provide contract pricing for a semi-annual preventative maintenance program on no less than 38 emergency generators. The semi-annual program will consist of one minor inspection and one major inspection. Contractor will include all labor, parts and supplies to perform these services. PREVIOUS ACTION: The current contract for Generator Preventative Maintenance, Service, Inspections and Load Bank Testing was awarded to the lowest bidder on September 2, 2014. The contract was for three (3) years with one (1) additional one year renewal option. This contract will expire on September 30, 2018 requiring a need for new bids to be solicited for this service. A new bid notice was advertised On May 13, 2018. FINANCIAL IMPACT: Various Department Operational Budgets based upon the attached Bid. Costs include one major and one minor inspection each year, and optional loadbanks as needed. In addition, budgets include funds for service calls based upon the established hourly rates included in the bid. Schedule of Fees attached. RECOMMENDATION: Staff recommends Board approval to award Bid No. 18-056, Generator Preventative Maintenance, Service, Inspections and Load Bank Testing to TAW Power Systems, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 218 8.H.1 Coordination/Signatures 11(1.1U- 9(,.Rxdw" Daniel P Retherford, Facilities Director J 7/19/2018 0', anie . McIntyre, C my ttorney 7/26/2018 Jenni Hi �, Interim ffic of and B dget Direct 7/z3/zois Ho and Tipton, Count Administrato 7/27/2018 Updated: 7/27/2018 3:42 PM by Katrina Slay Page 2 Packet Pg. 219 8.H.1.a BID #18-056 GENERATOR PREVENTATIVE MAINTENANCE, SERVICE, INSPECTIONS AND LOAD BANK TESTING DUE DATE: JUNE 13, 2018 @ 3:00 PM Paramount Power Power Secure Services, Inc. TAW Power Systems, Inc. Orlando, FL Jupiter, FL Riverview, FL Unit Location Unit Make & Minor Major Optional 2- Minor Major Optional 2- Minor Major Optional 2• KW Inspection Inspection Hour Load Inspection Inspection Hour Load Inspection Inspection Hour Load Fee Fee bank Fee Fee bank Fee Fee bank Roger Poitra's Cummins Building 500 KW $112.50 $470.00 $510.00 $145.00 $810.00 $900.00 $95.00 $475.00 $540.00 Administration Magnetek 125 KW $112.50 $350.00 $510.00 $145.00 $385.00 $405.00 $95.00 $325.00 $240.00 Havert L. Fenn Spectrum Center 1500DSEC $112.50 $1,200.00 $900.00 $180.00 $2,170.00 $2,380.00 $95.00 $1,750.00 $1,875.00 South County Onan Annex 65 KW $112.50 $300.00 $510.00 $145.00 $305.00 $340.00 $95.00 $250.00 $240.00 Rock Road Caterpillar 750 Detention Center KW $112.50 $600.00 $510.00 $145.00 1 $1,060.00 $1,270.00 $95.00 $850.00 1 $900.00 Rock Road Jail Caterpillar 250 New Pods KW $112.50 $350.00 $510.00 $145.00 $540.00 $570.00 $95.00 $375.00 $360.00 Central Services- Onan 40KW Service Garage $112.50 $300.00 $510.00 $145.00 $275.00 $325.00 $95.00 $250.00 $240.00 Central Services- Generac 150 KW Admin Building $112.50 $350.00 $510.00 $145.00 1$440.00 $430.00 $95.00 $325.00 $240.00 Road & Bridge Kohler 180 KW $112.50 $350.00 $510.00 $145.00 $485.00 $500.00 $95.00 $325.00 $240.00 Logistic Center Model 96AO1325- S 2-125 KW $112.50 $350.00 $510.00 $145.00 $385.00 $405.00 $95.00 $325.00 $240.00 Logistic Center Model 96AO1325- S 2-125 KW $112.50 $350.00 $510.00 $145.00 $385.00 $405.00 $95.00 $325.00 $240.00 St.Lucie County- Generac SD0100 Fairgrounds $112.50 $300.00 $510.00 $145.00 $365.00 $380.00 $95.00 $325.00 $240.00 St. Lucie County Generac SD0080 - Fairgrounds $112.50 $300.00 $510.00 $145.00 $335.00 $360.00 $95.00 $250.00 $240.00 St. Lucie County- Generac SD0080 Fairgrounds $112.50 $300.00 $510.00 $145.00 $335.00 $360.00 $95.00 1 $250.00 $240.00 St. Lucie County- Onan GGHG Fairgrounds 85kW $112.50 $300.00 $510.00 1 $145.00 $335.00 $360.00 $95.00 $250.00 $240.00 St. Lucie County- MQ Power Model Fairgrounds #DCA-45SSIU3 $112.50 $300.00 $510.00 $145.00 $275.00 $325.00 $95.00 $250.00 $240.00 St. Lucie County- MQ Power Model Fairgrounds #DCA-45SSIU3 $112.50 $300.00 $510.00 $145.00 $275.00 $325.00 $95.00 $250.00 $240.00 Downtown Chiller Cummins 350 KW Plant $112.50 $350.00 $510.00 1 $145.00 $600.00 $710.00 $95.00 $425.00 $425.00 Downtown Chiller Cummins 350 KW Plant $112.50 $350.00 $510.00 $145.00 $600.00 1 $710.00 $95.00 $425.00 1 $425.00 Downtown Chiller Cummins 500 KW Plant $112.50 $470.00 $510.00 $145.00 $760.00 $900.00 $95.00 1 $475.00 $540.00 .r a Packet Pg. 220 8.H.1.a Parmount Power Power Secure Services, Inc. TAW Power Systems, Inc. Clerk of Courts Generac 375 KW Building $112.50 $350.00 $510.00 $145.00 $600.00 $735.00 $95.00 $425.00 $425.00 Agriculture Taylor Power Building SN20663 $12.50 $350.00 $510.00 $145.00 $485.00 $455.00 $95.00 $325.00 $240.00 St. Lucie County 185 KW Courthouse St. Lucie County 400 KW Health Dept. $112.50 $350.00 $510.00 $145.00 $635.00 $760.00 $95.00 $475.00 $425.00 Hurricane House Taylor 30 KW $112.50 $300.00 $510.00 $145.00 $275.00 $310.00 $95.00 $250.00 $240.00 Information Tech Onan 230 KW #1 Rock Road $112.50 $350.00 $510.00 $145.00 $510.00 $550.00 $95.00 $375.00 $360.00 Information Tech Sepctrum 200 #2 Rock Road KW $112.50 $350.00 $510.00 $145.00 $510.00 $520.00 $95.00 $325.00 $280.00 Airport Magnetek SDx1000150kW $112.50 $350.00 $510.00 $145.00 $440.00 $430.00 $95.00 $325.00 $240.00 Platt's Creek Kohler Stormwater Bldg 250REOZDD $112.50 $350.00 $510.00 $145.00 $540.00 $570.00 $95.00 $375.00 $360.00 EOC Facility Onan/Cummins Tower DGDB 100kW $112.50 $350.00 $510.00 $145.00 $365.00 $380.00 $95.00 $325.00 $240.00 SLC Landfill Onan Tower DGCA 50kW $112.50 $300.00 $510.00 $145.00 $285.00 $330.00 $95.00 $250.00 $240.00 PSL High School Onan Tower DGCA 50kW $112.50 $300.00 $510.00 $145.00 $285.00 $330.00 $95.00 $250.00 $240.00 Rim Ditch Tower Onan DGCA 50kW $112.50 $300.00 $510.00 $145.00 $285.00 $330.00 $95.00 $250.00 $240.00 Solid Waste AKSA Model APD-NG30 $112.50 $300.00 $510.00 $145.00 $255.00 $310.00 $95.00 $375.00 $360.00 Solid Waste AKSA Model APD-NG125 $112.50 $350.00 $510.00 $145.00 $385.00 $405.00 $95.00 $325.00 $240.00 Solid Waste Caterpillar 3412 500kW $112.50 $470.00 $510.00 $145.00 $760.00 $900.00 $95.00 $475.00 $540.00 SLC Sheriff Caterpiller 750KW Administration $112.50 $600.00 $510.00 $145.00 $1,060.00 $1,270.00 $95.00 $850.00 $900.00 Rosser Blvd Kohler 20OKW Library 112.50 350.00 $510.00 $145.00 $510.00 520.00 $95.00 $325.00 280.00 Test interstital leak dectection devices(as-Needed) cost per $127.50 $80.00 $100.00 SERVICE GALL RATES Monday - Fridays, (8 a.m. to 5 p.m.) Hourly Rate $75.00 Overtime and Holidays (after 5 p.m.) Hourly Rate $110.00 Travel Fees Per mile $0.85 Number of thecnicians employed by Bidder 20 NUMBER OF COMPANIES NOTIFIED*: 85 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 5 NUMBER OF BIDS RECEIVED: 3 $95.00 $142.50/ OT $190.00 Sunday/Holiday $1.95 128 $95.00 $142.50 2.50/ mil- 65 v L C O U d v d L O ca L C N 0 00 M LO m W LO 0 00 is 2 06 r C d E t v a Packet Pg. 221 8.M.1 ITEM NO. (ID # 5372) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division DATE: 08/07/2018 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 18-033, Financial Advisor Services On May 30, 2018, responses to RFQ No. 18-033, Financial Advisor Services, were opened. Four proposals were received; 238 companies were notified and 13 RFP documents were distributed. The purpose of this RFQ is for the successful firm to provide comprehensive financial advisor services to the County. The successful firm shall perform or have the capability of performing the following on an as - needed basis: development of a financing plan, services related to debt issuance and possible general investments services. On June 29, 2018, the selection committee evaluated and ranked the proposals that were received. The committee members' scores for each firm is provided in Attachment A. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A :TX�L�I► I►�1�►I�7e��[�I►ta Staff recommends Board approval of the Committee's recommendation and permission to: Conduct contract negotiations with the highest ranked firm PFM Financial Advisors, LLC; If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: Packet Pg. 222 8.M.1 Coordination/Signatures Jenn Hi I, Inte rim OffiJ of t and BI 7/10/2018 anie SWmclnty're,c� orney 7/12/2018 .13LV y er, De y County Administrator 7/12/2018 Updated: 8/1/2018 12:04 PM by Katrina Slay Page 2 Packet Pg. 223 Attachment A 8.M.1.a o-0 0 0 m.y� U � O C N y N cB � EN QYo O E 76 a N � La oCM CO Q 7 O N Q C C an o U E N E N U a)w o E E O O t y v CM N O C N O co Ue in T = >, m E Z ca � = C N , J o'QE CU .2'E� Q Y FIRM _ Em °'m� F Q LL O U cu H L CO(6 rpossibleints per committee member 0-55 0-45 100 ints for four members 220 180 400 PFM Financial Advisors, LLC 220 180 400 1 Hilltop Securities 200 162 362 2 Public Resources Advisory Group 190 163 353 3 National Minority Group 160 140 300 4 N I- M LO L3� c Y C M w m L O ,U V/ 11 a+ Q Packet Pg. 224 Attachment B 8.M.1.b BOARD OF COUNTY COMMISSIONERS oupp 7OU T t F L R I D A Il_1-111W_A1191►IM:14=1i RFP No. 18-033 Financial Advisor Services PURCHASING DEPARTMENT Hilltop Securities Contact: Edward D. Stull Phone: 407-426-9611 Fax: 407-426-7835 Address: 450 S. Orange Ave., Suite 460, Orlando, FL 32801 National Minority Consultants Inc. Contact: Sylvia Seaton Dunlap Phone: 407-568-0818 Fax: 407-493-9392 Address: 16680 Lake Pickett Road, Orlando, FL 32820 PFM Financial Advisors, LLC Contact: James Glover Phone: 407-406-5760 Fax: 407-648-1323 Address: 300 S. Orange Ave., Suite 1170, Orlando, FL 32801 PRAG / Public Resources Adviso Group Contact: Wendell G. Gaertner I Phone: 727-822-3339 Fax: 727-822-3502 Address: 150 Second Avenue North, Suite 400, St. Petersburg, FL 33701 Packet Pg. 225 8.M.2 ITEM NO. (ID # 5383) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 08/07/2018 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 18-054, Pre -Qualification of Construction Contractors for Community Services Housing Projects On June 6, 2018, RFQ No. 18-054, were opened. Four responses were received; 262 companies were notified and 12 documents were distributed. The purpose of this request for qualifications is to pre -qualify construction contractors to provide construction services for the rehabilitation and rebuilding of homes funded through the Community Services Housing Programs on an as -needed basis. On July 6, 2018, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A Staff recommends Board approval to award RFQ No. 18-054 and enter into contracts with Black Street Enterprises, LLC, De La Hoz Builders, Inc., Gentile Corporation and Sand Dollar Development, and authorization for the Chair to sign documents as prepared by the County Attorney. [fue ►] Ti1►�iff-1-09P►I_Ts"191 F Packet Pg. 226 8.M.2 Coordination/Signatures Jenn Hi I, Inte rim OffiJ of t and BI 7/10/2018 anie sWmclnty're,c� orney 7/12/2018 LV 1 y BZWer, De y County Administrator 7/12/2018 Updated: 7/10/2018 9:05 AM by Desiree Cimino Page 2 Packet Pg. 227 Attachment A RFQ No. 18-054 Pre -qualification of Construction Contractors for Community Service - Housing Division A B C D E F G .E c � � O U � E N m U 7 O i U > O O N 0) J O CL L Q E a U O U) X ` 3 C Y C o L fl w O O O W C9 Z L W+ m U) Z m a� LCL w 00 H O0 Z C� U a U) w U � - Points per catergory for four 100 100 80 20 40 40 20 400 committee members Black Street Enterprises, LLC 93 91 78 18 27 39 20 366 1 Sand Dollar Development of Southern 90 85 76 18 33 38 0 340 2 Florida, Inc De La Hoz Builders, Inc 91 90 77 18 31 1 20 328 3 Gentile Corp 92 91 80 14 32 6 0 315 4 8.M.2.a Packet Pg. 228 Attachment B 8.M.2.b BOARD OF COUNTY COMMISSIONERS 76ITS t F L 0 R I D A Il_1-111W_VA1191►IM:14=1I PURCHASING DEPARTMENT RFQ No. 18-054 Pre -Qualification of Construction Contractors for Community Services Housing Projects BSE Black Street Enterprises, LLC Contact: Lionel J. Dunbar Phone: 772-344-8201 Fax: 772-344-8203 Address: 535 NW Mercantile Place, Unit 107, Port St. Lucie, FL 34986 De La Hoz Builders, Inc. Contact: Hilda De La Hoz Phone: 772-228-9723 Fax: 772-589-8127 Address: 258 Del Monte Rd., Sebastian, FL 32958 Gentile Corp. Contact: Oscar Frozini Phone: 954-520-0548 Fax: 561-612-7196 Address: 3160 Turtle Cove, West Palm Beach, FL 33411 Sand Dollar Development of Southern Florida Inc. Contact: David Cotton Phone: 772-336-8569 Fax: 772-336-3419 Address: 1731 SW Leafy Road, Port St. Lucie, FL 34953 0 c 0 a L a LO 0 00 Packet Pg. 229 8.Q.1 ITEM NO. (ID # 5378) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering DATE 08/07/2018 *CONSENT AGENDA\PUBLIC WORKS Midway Rd. at North St. Lucie River Water Control District Canal 92 Culvert Replacement The existing 96" corrugated metal culvert on Midway Road at NSLRWCD Canal 92 is in need of replacement. This culvert and section of Midway Road that it serves are County owned and maintained facilities. Construction is estimated to cost $500,000. Staff is recommending a project budget in the amount of $550,000 be established. PREVIOUS ACTION: July 2018 - Work Authorization No. 1 to the Stormwater Continuing Services Contract (C14-11-647) with CivilSury for design and permitting of Midway Road at NSLRWCD Canal 92 Culvert Replacement in the amount of $39,510 executed by the County Administrator. FINANCIAL IMPACT: Funds will be transferred from the Transportation Infrastructure Reserve Account 001-9910-599330-800 in the amount $550,000.00 to the Midway Rd @ NSLRWCD C92 Culvert Replacement project # 001-4115- 563000-164610. Line to line #2018-0530, 3431. RECOMMENDATION: Staff recommends Board approval to establish a project budget of $550,000.00 to Capital Improvement Program (CIP) project #164610 for Midway Road at NSLRWCD Canal 92 Culvert Replacement. COMMISSION ACTION: Packet Pg. 230 8.Q.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 0', 4t tO 4anieA..McIntyre, C my ttorney 7/17/2018 Jenni Hi �, Interim ffic of and B dget Direct 7 13/2018 Ho and Tipton, Count Ad ministrato 7/17/2018 Updated: 8/1/2018 3:48 PM by Katrina Slay Page 2 Packet Pg. 231 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM 8•Q•1.a CAPITAL PROJECT SUMMARY 164610 PROJECT NAME: I Midway Rd @ NSLRWCD C92 Culvert Replacement PROJECT #:-a DEPARTMENT: Public Works DATE PREPARED: 7/11/2018 DIVISION: I Engineering PROJECT MGR: Kim Graham TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES RENOVATION: APPROVED: YESNNO NO MAINTENANCE: REVISED: YESNO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: The existing 96" corrugated metal culvert on Midway Road at NSLRWCD Canal 92 is in need of replacement. This culvert and section of Midway Road that it serves are County owned and maintained facilities. Construction is estimated to cost $500,000. Staff is recommending a project budget in the amount of $550,000 be established.Agenda #5378, Line to Line #2018-0530,3431 THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO 0 LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL 0 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY17-18 FY 17-18 FY 18-19 FY 19-20 FY20-21 FY21-22 5-YEAR FROM FY 17 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 01 0 Buildings 01 0 Imp O/T Bldgs 1 550,0001 550,0001 550,000 TOTAL: 0 550,000 550,000 0 0 0 0 550,000 FUNDING SOURCES & AMOUNTS FY16-17 FY 17-18 FY 18-19 FY 19-20 FY20-21 FY21-22 5-YEAR (include fund number) NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 001-9910 (Trans Infras. Reserves) 550,000 550,000 0 0 TOTAL: 0 550,000 0 0 0 0 550,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 60,000 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'1 personnel needs as well as any other FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed I I I I 1 0 Estimated Operating Impacti 0 REMARKS: CAPITAL IMP REQ # : 164610 ACCOUNT #: 001 9910 599330 800 (additional lines for multiple fund sources) Packet Pg. 232 8.Q.2 ITEM NO. (ID # 5379) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering DATE 08/07/2018 *CONSENT AGENDA\PUBLIC WORKS Midway Road 2600' East of Shinn Road Culvert Replacement - Sixth Amendment to Work Authorization No. 6 During routine culvert inspections on Midway Road at Shinn Road the required repair of a culvert at this location was identified. Engineering Design Construction, Inc. (EDC) was awarded the design of the replacement of the culvert. The attached Sixth Amendment to Work Authorization No. 6 with EDC is for additional services to include preparation of an Army Corps of Engineers Nationwide Permit #14 application and coordination in the amount of $1,960 for a project total of $52,175. PREVIOUS ACTION: June 2, 2015 - Board approved to add nine (9) Culvert Replacement Projects to the FY15-FY16 budget and amend the CIP accordingly. January 9, 2018 - Board approved the Fifth Amendment to Work Authorization No. 6 to the Stormwater Continuing Services Contract (C09-10-665) with EDC Engineers, Inc. for a time extension. FINANCIAL IMPACT: Funds will be transferred from the Transportation Infrastructure Reserve Account 001-9910-599330-800 in the amount $1,960.00 to the Midway Road 2600' East of Shinn Road Culvert Replacement project # 001-4115-563000-154602. Line to line #2018-0538, 3442. Staff recommends Board approval of the Sixth Amendment to Work Authorization No. 6 to the Stormwater Continuing Services Contract (C09-10-665) with Engineering Design and Construction Engineers, Inc. in the amount of $1,960.00 for a project total of $52,175.00 for Midway Road 2600' East of Shinn Road Culvert Replacement, approval of CIP increasing project funding in the amount of $1,960.00 and authorization for the Chair to sign documents as approved by the County Attorney. Packet Pg. 233 8.Q.2 COMMISSION ACTION: Coordination/Signatures A\ 9-If"ta 7S - � �- L- n We t, Public Works Director 018 b—aniefS. McIntyre, Xmy ttorney 7/26/2018 �7- Ho and Tipton, Count Administrato 7/27/2018 Updated: 7/27/2018 3:48 PM by Katrina Slay A Page 2 Packet Pg. 234 8.Q.2.a SIXTH AMENDMENT TO WORK AUTHORIZATION NO. 06 CONTRACT C09-10-665 THIS AMENDMENT is made as of the day of , 2018 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and ENGINEERING DESIGN & CONSTRUCTION, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on October 13, 2009, the COUNTY entered into a Consulting Agreement (Contract No. C09-10-665) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional services for Stormwater Management; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on November 10, 2014, the parties executed work authorization no. 06 for the project known as "Midway Road 2600' East of Shinn Road Culvert Replacement"; and, WHEREAS, on December 15, 2014 the parties executed the first amendment to extend the project schedule; and, WHEREAS, on May 28, 2015, the parties executed the second amendment to expand the scope of services and increase the compensation; and, WHEREAS, on January 7, 2016, the parties executed the third amendment to extend the project schedule; and, WHEREAS, on November 3, 2016, the parties executed the fourth amendment to extend the project schedule and increase the compensation; and, WHEREAS, on January 9, 2018, the parties executed the fifth amendment to extend the project schedule and increase the compensation; and, WHEREAS, the parties desire to further amend the work authorization to increase the compensation. 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: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide additional professional engineering services for the Project under Page 1 of 3 Packet Pg. 235 8.Q.2.a the approved hourly rate pricing, terms and conditions of the continuing contract (C09-10-665). The additional 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 are attached hereto and made a part of this work authorization and incorporated herein. 2. 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). 3. COMPENSATION: The cost to perform all additional services as described in the attached Scope of Services shall be paid pursuant to the approved hourly rates and will not exceed a total amount of $1,960.00 (one thousand nine hundred sixty and 00/100 dollars) for a total work authorization amount not to exceed $52,175.00 (fifty-two thousand one hundred seventy-five and 00/100 dollars) 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 5. 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 on or before December 31, 2018. 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 his 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. Page 2 of 3 Packet Pg. 236 8.Gt.2.a IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each of which shall be considered an original on the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEERING DESIGN & CONSTRUCTION, INC. BY: (2) PRINT NAME: TITLE: Page 3 of 3 Packet Pg. 237 8.Q.2.a ENGINEERS 0 SURVEYORS July 2, 2018 Kim Graham, P.E. County Engineer St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Midway Culvert Crossing "C" Replacement — Amendment No. 5 Army Corps of Engineers — Nationwide Permit #14 Dear Ms. Graham, File # 14-236 The attached scope outlines the requested additional services to include an Army Corps of Engineers Nationwide Permit #14 application and coordination for the subject project. Please call me should you have any questions or comments about our outlined scope. Sincerely, 44 Roderick J. Kennedy, P.E. ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS & SURVEYORS SPECIALIZING IN LAND DEVELOPMENT 10250 SW Village Parkway, Suite 201 Port St. Lucie, FL 34987 Ph: (772) 462-2455 fx: (772) 408-4208 Page 1 of 2 Packet Pg. 238 8.Q.2.a SCOPE OF SERVICES For MIDWAY CULVERT CROSSING "C" REPAIR — Amendment No. 5 1. Army Corps of Engineers — Nationwide Permit #14: Engineer will prepare or cause to be prepared the necessary applications for the required ACOE permitting for applicant's signature. Engineer will gather technical documentation and historical artifacts (pictures of existing conditions) required to submit for permitting on applicant's behalf. Submittal package will also include copies of the culvert construction plans. Lump sum not to exceed: $ 1,960.00 ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS & SURVEYORS SPECIALIZING IN LAND DEVELOPMENT 10250 SW Village Parkway, Suite 201 Port St. Lucie, FL 34987 Ph: (772) 462-2455 fx: (772) 408-4208 Page 2 of 2 Packet Pg. 239 8.Q.2.a 0 M N i 0 O H U U a) O a w 0 0 O O LO Q 64 U O � O LO N � U Lu 0 w o rn C p. O C 'C c- D_ U} m E 10 M O O O 0 0 N 4 0 0 N O O O 64 rn c E 0 a) a a in c w m w > 0 3 a U 0 � U a E Q Y V) !3 F- O O a Packet Pg. 240 8.Q.2.a a-0 C a) E a) U Co a) ry U U C L a) n w O U Q c a) E c a) Q M m v o � W O ((o 0E 0 Z 4 4) E o o E Y Q ^^E LL N U � 'C c w m 4- > 0 3 U N °- � 0 U -�a E � Q Y 0 H � Packet Pg. 241 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Midway Rd @ 2600' East of Shinn Rd Culvert Replacement PROJECT #: 154602 DEPARTMENT: Public Works DATE PREPARED: 7/12/2018 DIVISION: Engineering PROJECT MGR: Kim Graham TYPE OF PROJECT: NEW CONSTRUCTION: K RECOMMENDED: YES NO RENOVATION: NO APPROVED: YESENO MAINTENANCE: REVISED: YES PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Continuing Services Contract (C09-10-665) with Engineering Design and Construction Engineers, Inc. in the amount of $1,960 for Midway Road 2600' East of Shinn Road Culvert Replacement Agenda #5379, Line to Line #2018-0538,3442 THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL 0 1- High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY17-18 FROM FY 17 NEW FY 17-18 FY 18-19 BUDGET PLAN FY 19-20 FY20-21 FY21-22 5-YEAR PLAN PLAN PLAN TOTAL Land 01 0 Buildings 01 0 Imp O/T Bldgs 25,6461 1,960 27,6061 27,606 TOTAL: 25,646 1,960 27,606 0 0 0 0 27,606 FUNDING SOURCES & AMOUNTS FY16-17 FY 17-18 FY 18-19 FY 19-20 FY20-21 FY21-22 5-YEAR (include fund number) NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 001-9910 (Trans Infras. Reserves) 1 27,6061 27,606 0 0 TOTAL: 0 27,606 0 0 0 0 27,606 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 48,070 TOTAL LIFE TO DATE EXPENDITURE 28,982 OPERATING IMPACT (Includes add'1 personnel needs as well as any other FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 Estimated Operating Impact 0 REMARKS: CAPITAL IMP REQ # : 154602 ACCOUNT #: 001 9910 599330 S00 (additional lines for multiple fund sources) Packet Pg. 242 9.A.1 ITEM NO. ORD-2018-10 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: 08/07/2018 *PUBLIC HEARINGS\COUNTY ATTORNEY Proposed Ordinance Amending Section 46-78 Fees for Non -Consensual Towing Sections 125.0103(1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County to establish the maximum fees which may be charged for the towing, removal and storage of vehicles without the owner's consent for all of the areas of St. Lucie County. The usual situation when a vehicle is towed without owner's consent is after a traffic accident. It is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County to have the roads rights -of -way cleared as quickly as possible after an automobile accident. St. Lucie County has been requested to adjust fees to be consistent with surrounding counties. Attached is a chart showing Rotation Wrecker Prices for Indian River, Martin, and St. Lucie County. The St. Lucie County Sheriff's Office ("SLCSO") maintains the wrecker rotation schedule and manual for non-consensual tows. SLCSO handles any consumer complaints. SLCSO supports this adjustment. St. Lucie County Ordinance No. 12-016 adjusted the fees for rotator boom. This is the last ordinance to adjust fees. The fee schedule has been adjusted annually by January Consumer Price Index. Attached is the last memo dated March 1, 2018 with the fees as adjusted yearly from 2012 by Consumer Price Index. PREVIOUS ACTION: On July 24, 2018, the Board of County Commissioners authorized the publication of advertisement for a public hearing before the Board of County Commissioners. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the proposed draft ordinance. Packet Pg. 243 9.A.1 COMMISSION ACTION: Coordination/Signatures anie S. McIntyre, C my ttorney 8/1/2018 LV �Bjw L .13y er, DekAy County Administrator 8/1/2018 Updated: 8/6/2018 4:40 PM by Susan Bellamy Page 2 Packet Pg. 244 Treasure Coast Newspapers TUALM Sales Rep: Sarah Oldag (T9103) Date: 07/03/18 Account Number: 437762 (T 15612366) Name: ST LUCIE COUNTYATTORNEY'S OFF Contact: Email: BellamyS@stlucieco.org Address: 2300 VIRGINIAAVE, FT PIERCE, FL, 34982-5653 Phone: (772) 462-1492 Fax: (000) 000-0000 I agree this ad is accurate and as ordered. Phone: (239) 435-3409 Email: Sarah.Oldag@naplesnews.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at (239) 435-3409 . Ad Id: 2060154 P.O. No.: Total Cost: $237.60 Tag Line: BEFORE THE BOARD OF COUNTY COMMISSIO Start Date: 07/27/18 Stop Date: 07/27/18 Number of Times: 1 Class: 16180 - Notice Publications: TC-TC News -Press -Tribune, TC-Internet tcpalm.com BEFORE THE BOARD OF responsibility. If it becomes Manager, at (772) 462-1546, or COUNTY COMMISSIONERS necessary, a public hearing T.D.D. (772) 462-1428, at least ST. LUCIE COUNTY, FLORIDA may be continued to a date forty-eight (48) hours prior to certain. the meeting. NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of St. Lucie County, Florida will consider adopt- ing an ordinance which, if adopted, would amend Sec- tion 46-78 as to nonconsen- tual fees that may be charged for removal and storage of wrecked or disabled vehi- cles from an accident scene or for the removal and stor- age of vehicles, per section 125.0103(lxc), at its regular meeting on Tuesday, the 7th day of August 2018 at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commis- sion Chambers at the St. Lucie County Administration Build- ing Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be continued from time to time as may be necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written com- ments received in advance of the public hearing will also be heard. The St. Lucie County Board of County Commission- ers has the power to review, approve, modify or deny any ordinance within their area of Copies of the proposed ordi- nance may be obtained from the County Attorney's Office, St. Lucie County Adminis- tration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, com- mittee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of yy party to the proceedings, in(ividuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individu- al testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact George Landry, Risk The title of the proposed ordi- nance is: ORDINANCE AN ORDINANCE AMEND- ING DIVISION 2 - 46-77; BY AMENDING SECTION 46-78 FEES THAT MAY BE CHARGED FOR REMOV- AL AND STORAGE OF WRECKED OR DISABLED VEHICLES FROM AN ACCI- DENT SCENE OR FOR THE REMOVAL AND STORAGE OFVEHICLES, INTHEEVENT THE OWNER OR OPER- ATOR IS INCAPACITATED, UNAVAILABLE, LEAVES THE PROCUREMENT OF WRECK- ER SERVICE TO THE LAW ENFORCEMENT OFFICER AT THE SCENE, OR OTH- ERWISE DOES NOT CON- SENT TO THE REMOVAL OF THE VEHICLE PER SECTION 125.0103(1XC), FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR RATIFICA- TION OF FEES CHARGED; PROVIDING SEVERABILI- TY AND APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVID- ING FOR ADOPTION; AND PROVIDING FOR CODIFICA- TION THIS NOTICE EXECUTED and dated this 27th day of July, 2018. Submitted by: Daniel S. McIntyre County Attorney Pub: July 27, 2018 TCN 2060154 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat- egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. Q Packet Pg. 245 1 M19 (Z.1- rg I I UV FM TO: Howard Tipton, County Administrator MAR 0 123113 FROM: Jennifer Hill, Interim -Director K AK Office of Management & Budget COUNTYATTORNEY DATE: March 1, 2018 SUBJECT: Recommended Revision to Ordinance No. 11-004 & 07-012, Towing Fees Section 1-20-16.4 of Ordinance No. 07-012 provides that the County Administrator shall adjust wrecker service fees in April of each calendar year to update the Towing Fees per the percentage change on the Consumer Price Index (CPI) -All Urban Consumers, which was 1.82% for the period of January 2017 to January 2018. This recommendation is per the following: Whereas, Section 125.0103(1)(c) and 166.043(1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County to establish the maximum fees which may be charged for the towing, removal and storage of vehicles without the owners consent for all of the area of St. Lucie County. Also, Whereas, Section 715.07 of the Florida Statutes permits the Board to enact additional regulations including the right to regulate rates when vehicles or vessels are towed from private property. The County Administrator is required to approve and submit the revised fees (recommended revision attached) to the County Attorney. If there are questions, please let me know. Attachments JH/ah 18-07 C: Daniel McIntyre, County Attorney ST. LUCIE Packet Pg. 246 9.A.1.b Recommended Amendment: Section 1-20-16.3 Fees In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: (a). Nonconsentual tow: Tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency. The maximum fee is established which may be charged on the removal and storage of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle as follows: Regular Class A/D Class B Class C Flatbed Rotator Boom Wrecker "Landroll" Service Day or Night " 122 59 161 $2" 270 $4-72 175 $504 514 Service Mileage -$-3 3 $4 4 $6 6 $6 6 $6 6 Charge Time Charge $5-9 60 W3 60 122 "9 60 $54 258 per '/z our After 30 minutes on the scene, will be charged in increments of 30 minutes. Underwater $237 242 Flat rate for a certified scuba diver with full gear. Recovery Not Sheriff's Office diver. Airbag $70-7 720 Recovery Gate Fee (per $42 43 8:00 pm — 8: 00 am day) Outside &3 29 Storage Inside Storage $-37 38 Administrative W 43 Fee Additional W 60 manpower per '/z hour Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in Ordinance No. 07-012, section 1-20-16.4. If the CPI increase percentage totaled .50 or above, the fee was rounded up; if .49 or lower, the fee was rounded down. Amendment effective: 10/01/2018 0 Packet Pg. 247 9.A.1.b 1-20-16.3(b)10. The maximum fee which may be charged on trespass towing of the vehicle/vessel as follows: Class A Class B Class C Regular Wrecker Service " 149 $490 194 �5-2 358 Administrative Fee W 43 Gate Fee (per day) W 43 8:00 pin — 8: 00 am Outside Storage $2-3 29 Inside Storage P-7 38 Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in Ordinance No. 07-012, section 1-20-16.4. Approval: Date Amendment effective: 10/01/2018 3 Packet Pg. 248 9.A.1.b Reviewed by County Attorney for inclusion of Ordinance Changes since the last update: Daniel Mehityre, County Attorney 1 } W9 - n'? iJr: Yl�'` I (d�1~ C c v �4-r rl l /C fl y Date 4 Packet Pg. 249 9.A.1.b Alvin Hall From: Katherine Barbieri Sent: Wednesday, February 28, 2018 1:13 PM To: Alvin Hall Cc: Carol Bishop; Susan Bellamy; Sophia Holt a� Subject: RE: Towing Fees 3 0 L 0 After that Please proceed 0 ti From: Alvin Hall to Sent: Wednesday, February 28, 2018 11:57 AM 0 To: Katherine Barbieri <Barbierik@stlucieco.org> Cc: Carol Bishop <bishopc@stlucieco.org>; Susan Bellamy <BellamyS@stlucieco.org>; Sophia Holt <holts@stlucieco.org> co Subject: RE: Towing Fees c =a c Katherine, m E Good morning. Q Usually OMB submits the new rates to Howard, first week of March, because the ordinance states the new rates go into c effect in April. Do you have a date when your revision will be completed? O Thank you, ,n Alvin 0. 0 L a 0 w From: Katherine Barbieri N Sent: Tuesday, February 27, 2018 11:32 AM p To: Alvin Hall <HallA@stlucieco.org> 0 O Cc: Carol Bishop <bishopc@stlucieco.org>; Susan Bellamy <BellamvS@stlucieco.or6> 0 Subject: RE: Towing Fees o Good Morning, No, not yet. I have been asked to revise the fee structure put it is not drafted, yet. Katherine From: Alvin Hall Sent: Tuesday, February 27, 2018 10:38 AM To: Katherine Barbieri <Barbierik@stlucieco.org> Cc: Carol Bishop <bishopc@stlucieco.org> Subject: Towing Fees Katherine, Good morning. I am working on the memo for Administration for the Towing Fees. Have there been any new Ordinance changes on Towing Fees since the last update last year? Packet Pg. 250 tsurcdU Ul I�au01 JLQLIJLIL.J "ail -CA 9.A.1.b A to 2 Index I FAQs I About BLS I Contact Us Subscribe to E-mail Updates IN Follow Us i I What's New I Release Calendar 1 Blog Search BiS.gov Home I Subjects I Data Tools I Publications Economic Releases I Students I Beta Databases, Tables & Calculators by Subject ISHAREON: ©I� �t iF�NTSIZE:E'. Change Output Options: From: zoos v To: 2018� a ❑ include graphs El include annual averages More Formatting Options Data extracted on: February 16, 2018 (8:49:06 AM) CPI -All Urban Consumers (Current Series) Series Id: CUUR0300SAO Not £eaecnally Adjusted Series Title: All items in South urban, all urban consumers, not seasonally adjusted Area: South Item: All items Base Period: 1982-84=100 uownrudu: Year 2008 2009 2010 2011 2012 2013 LU San 204.510 204.288 210,056 213.589 2 223.933 x Feb 205.060 205.343 210.020 214.735 225.874 Mar 206.676 206.001 211.216 217.214 226.628 Apr 208.085 211.528 218.820 226.202 May 210.006 211.423 219.820 226.289 Sun 212.324 09.343 2.232 11 19.1898 004 227.148 232.269 232.026 233.838 237.346 Sul 213.304 0819 2.8 2.98 108 21.62 222.667 227.548 232.013 231.719 233.292 236.942 Aug 209.000 211.308 220.471 223.919 227.837 231.611 231.260 233.561 237.892 Sep 208.912 211.775 225.052 227.876 231.762 230.913 234.069 239.649 Oct 209.292 212,026 224.504 227.420 231.131 230.860 234.337 239.067 Nov 205.559 209.73 211.996 6 223.404 226.811 229.845 230.422 234.029 238.861 Dec 203.501 209.476 212.488 219469 223.109 227.082 228.451 229.581 234.204 238.512 Annual 208.681 207.845 211.338 218618 223.242 226.721 230.552 230.147 232.692 237.456 HALF3 207.777 206.483 210.913 217.249 222.708 226.012 230.302 229.501 231.469 236.424 HALF2 209.585 209.206 211.764 219.987 223.776 227.429 230.802 230.793 233.915. 3 87 238..487 2014 2015 227.673 226.855 228.664 227.944 230.095 229.337 231.346 229.957 231.762 230.886 2016 2017 229.469 235.492 229.646 236.052 230.977 236.154 231.975 236.728 232.906 236.774 2018 239.772 RECOMMEND THIS PAGE USING: in Facebook jt; Twitter 11 Linkedln TOOLS CALCULATORS Areas at a Glance Inflation Industries at a Glance Injury And Illness Economic Releases Databases & Tables I I Maps i HELP INFO I RESOURCES Help & Tutorials i What's New Inspector General (OIG) FAOs Careers @ BLS Budget and Performance Glossary I Find It! DOL No Fear Act About BLS Join our Mailing Lists USA.gov Contact Us I Linking & Copyright Info I Benefits.gov Disability.gov Freedom of Information Act I Privacy & Security Statement I Disclaimers I Customer Survey I Important Web Site Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212 0001 a www.bls.aov I Telephone: 1-202-691-5200 1 TDD: 1-800-877-8339 1 Contact Us 2/16/2018 https://data.bis.gov/cgi-bin/surveymost Packet Pg. 251 9.A.1.b TOWING FEES ADJUSTMENTS BASED ON JANUARY CPI CHANGE Page 2 1.82% NEW RATE INSTRUCTIONS: UPDATE NEW RATE COLUMN TO OLD YR AMOUNTS, ADD NEW RATE PERCENTAGE ON TOP LINE FORM WILL CALCULATE PERCENTAGE BY FORMULA SERVICE CPI Changefor CLASS A/D NEW RATE 2018 CPI Change for CLASS NEW RATE 2018 CLASS CPI Changefor NEW RATE 2018 FLATBED LANDOLL CPI Change for NEW RATE 2018 ROTATOR BOOM CPI Change for NEW RATE 2018 DAY OR NIGHT SERVICE $120 $2 $122 $159 $3 $161 $265 $5 $270 $172 53 $175 $504 $9 _ $514 MILEAGE CHARGE $3 $0 $3 $4 $0 $4 $6 $0 $6 $6 SO $6 $6 $0 56 TIME CHARGE PER 1/2 HOUR _ $59 $1 $60 $59 $1 $60 5120 $2 $122 559 Si $60 $254 55 $25S UNDERWATER RECOVERY $ $4 $242 AIRBAG RECOVERY $707 707 $13 $720720 GATE FEE $42 $1 $43 OUTSIDE STORAGE $29 $1 $29 INSIDE STORAGE $37 $1 $38 ADMINISTRATIVE FEE $42 $1 $43 ADDITIONAL MANPOWER PER 1/2 HOUR $59 $1 $60 $0 $0 REGULAR WRECKER SERVICE $146 $3 $149 $190 53 5194 535: 56 $358 ADMINISTRATIVE FEE $42 $1 $43 GATE FEE)PER DAY) $42 Si $43 OUTSIDE STORAGE $29 $1 $29 INSIDE STORAGE $37 $1 $38 O c0 r O N 0 00 r O N O E O Q1 C 3 O d r E r a 2/28/2012 S \Budget\Re-arch\TOwing Packet Pg. 252 Rotation Wrecker Prices 9.A.1.c M-Per Indian River County Martin County St. Lucie County "C, A Call $119.00 1 N/A $120.00 Class A - Mileage _ $3.00 N/A $3.00 Class A - Time Charged -_ - $30.00 N/A $59.00 NA / $155 plus $5.50 per I N/A Class A hooked -up mile Class B- Per Call $203.00 N/A $159.00 N/A $4.00 Class B - Mileage-- $4.00 Class B - Time Charged $51.00 N/A $59.0_0_ ___ N/A $225 plus $6.50 per N/A Class B hooked -up mile N/A $290.00 $265/Rotator Boom Class C - Per Call i $504 Class C - Mileage $6.00 N/A $6_/Rotator Boom $6 $120/Rotator Boom Class C - Time Charged $73.00 N/A _ $254 N/A $350 plus $8.50 per N/A Class C hooked -up mile ss3 Per Call $478.00 N/A I $120.00 $7.00 N/A ,, O v,ijeage _ $3.00 N/A jss D Time Charged $120.00 $59.00 N/A $530 plus $12.50 per I N/A j hooked -up mile Flatbed - Per Call $155.00 N/A $172.00 Flatbed - Mileage $5.00 N/A $6.00 Flatbed - Time Charged $37.50 N/A $59.00 Dollies $40.00 $50.00 N/A Underwater Recovery by $62.50-First 30 min $125 per hour $237.00 Flat Rate Diver $45.00-After first 30 min N/A $600 per hour Airbag Recovery - - _ $707.00 $s0.00 - - $60.00 per man- $59.00 per half hour Additional Manpower - Administrative Fee -_- $45.00 $50.00 $42.00 $42.50 N/A Road Service - Per Call N/A ------------------------- - - $1.25 - -- N/A N/A - __ _ - -- --- --- -- Road Service - Per Mile N/A Other Agency Goverment As Documented N/A Imposed Charges _ N/A Tarps and/or Crash Wrap $25.00 N/A Half price of towing Service Calls N/A N/A class utilized if not a rotation call Gate Fee (after 8pm and $40.00 $35.00 $42.00 b re 8am) a� F- L d d LL 00 ti co c 0 d co a� c d a m O d 0 0 a 0 a 0 06 0 N G a: O_ v, d a d m L 0 c� 0 Q W _ m E s Q Packet Pg. 253 Rotation Wrecker Prices 9.A.1.c Indian River County Martin County St. Lucie County $35 Class A (6-24 hr)/$35 (After 24 hr $40 Class B (6-24 Class A Ur�d��r 20ft it) length (After 24 hr - per per day) $24 Class B Under 20ft in $40 Class C&D Truck Outside Storage length �38 Class C Over 20ft in (6-24 hr)/$40 Class $29 per day C&D Truck (After 24 length hr - per da) y $80 Class C&D Trailer (6-24 hours)/$80 Class C&D Trailer (After 24 hours - per day) $45 Class A (6-24 hr)/$45 (After 24 hr..- per day) $50 Class B (6-24 hr)/$50 (After 24 hr - Per_ ay)._.........._.... -- $27.50 Under 20ft in length $50 Class C&D Truck (n�.Qe Storage $42.00 Over 20ft in length i (6-24 hr)J$50 Class � $37 per day C&D Truck (After 24 hr -per day) $90 Class C&D Trailer; (6-24 hours)/$90 Class C&D Trailer (After 24 hours - per day) Packet Pg. 254 9.A.1.d Susan Bellamy From: Sharman Colton <scolton@fppd.org> Sent: Tuesday, June 05, 2018 2:20 PM To: Susan Bellamy; Rosetta Smith Subject: RE: Nonconsentual Towing Rates Attachments: Rotation Towing Schedule of Rates.pdf Ms. Bellamy: I have attached the rotation towing schedule of rates for your review. I spoke with Deputy Chief Frank Amandro and he informed me that there has been some talk concerning a rate increase, but this would need to be discussed by all the agencies involved. Deputy Chief Amandro will be the contact person for more information. He can be reached at (772) 467-6808. If I can be of any further assistance, please let me know. Sharman Colton From: Susan Bellamy [mailto:BellamyS@stlucieco.org] Sent: Tuesday, June 05, 2018 11:01 AM To: Rosetta Smith Cc: Sharman Colton Subject: RE: Nonconsentual Towing Rates Good Morning, Just doing a status check to see if you received the below email and are able to provide us with the below mentioned information. Thank you in advanced for any help you may provide. Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 (772)462-1441 (772)462-1440 (fax) bellamvs@stlucieco.org E T /`%z 6 work From: Susan Bellamy Sent: Thursday, May 31, 2018 2:33 PM Packet Pg. 255 9.A.1.d To:'rsmith@fppd.org' <rsmith@fppd.org> Subject: Nonconsentual Towing Rates Good Afternoon, One of our Assistant County Attorneys is requesting if you may email us a copy of your most recent nonconsentual tow rate sheet. Also has there been any discussion about raising rates? If so, may you provide me with a contact name to get more information. Thank you and have a great rest of the day. Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 (772)462-1441 (772)462-1440 (fax) bellamys@stlucieco.org l "BE ST plac4 S ,J la wark 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 / 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. Packet Pg. 256 9.A.1.d Fort Pierce Police Department Rotation Towing Schedule of Rates Effective August 1, 2013 Pursuant to the City of Fort Pierce Code of Ordinonces, Section 9-309 — Limitotion on Charges the following rates are the maximum fees that may be charged for services provided by rotation towing companies: Standard Towing Fee / Mileage Rate Class D Flatbed Rotating Service Class Class A Class B Class C (Rollback) Landoll Boom Base Rate $125.50 $163.50 $264.50 $125.50 $175.50 $403.50 Mileage Rate 3.00 4.00 6.00 3.00 6.00 N/A • City of Fort Pierce vehicles requiring Class A towing service will be billed at $40.00. Storage Fee Inside Storage $34.00 Outside Storage $28.00 Semi Tractor $40.00 Semi Trailer $40.00 • Storage charges will not be assessed for police department Investigative Holds for a period of 3 working days, excluding Saturdays, Sundays, and legal holidays. Administrative Fee $39.00 0 N Rotation Towing companies may charge a $39.00 administrative fee which covers the cost of o: obtaining DHSMV records and notification of the vehicle owner within 7 days as required by law. O However, the following guidelines will apply: — 48 Hour Waiver w 0 • In cases where vehicle owners take possession of their vehicles within 48 hours of the tow, a the Administrative Fee will not be charged. e_ -6 • The 48 hours will apply only to weekdays and will not accumulate on weekends and holidays. Investigative Hold Waiver E • In cases where the Fort Pierce Police department is holding the vehicle for investigative U purposes, the Administrative Fee will not be assessed until after the 3-day investigative hold Q period (no charge) has expired. After Hours Owner Recovery (Gate Fee) $39.00 Packet Pg. 257 9.A.1.d • Vehicle owners will be permitted to pay accumulated fees and take possession of their vehicles during non -business hours, weekends, and holidays in exchange for payment of a Gate Fee. During regular weekdays, this fee only applies between the hours of 8PM thru 8AM. Road Service and Assistance Service Class Class A Class B Class C Class D Flatbed Base Rate $56.00 $75.00 $126.00 $56.00 $56.00 extra after 15t hour • Service includes, but is not limited to: tire change, battery boost, and winching (minor) • A towing company providing road service will not lose their placement on the towing assignment or rotation list. Waiting Fee Yz Base Rate • May be assessed after a 30-minute wait when the rotation service is requested by an officer through the emergency dispatch operator. Personal Property Retrieval No Charge • Vehicle owners will be permitted to retrieve personal property from a towed vehicle at no charge. • All personal property must be retrieved during normal business hours. • Personal property does not include accessories attached or mounted to the vehicle; however, the owner may take possession of a vehicle license plate. • In emergency situations, the towing company may allow an owner access to personal property after normal business hours, and the towing company may charge the listed Gate Fee for this service. Specialized Recovery and Standby Service Job Rate Underwater Recovery $225 Air Bag Recovery $672 • When specialized recovery or standby services are requested, the towing company will bill according to customary and reasonable rates. Additional Manpower Per Half Hour Municipal Surcharge $56.00 <$25.00> • Towing companies shall remit to the police department $25 for all towing jobs provided through the rotation -towing program. Rotation towing services provided to City Vehicles (at the reduced rate provided herein) and derelict vehicles towed as a result of code enforcement action are Page 2 of 3 E w 0 IL a - a_ r Q c aD E r Q Packet Pg. 258 9.A.1.d exempt from this surcharge. Rotation towing companies shall submit the total amount due by the 15`h day of each month for the preceding calendar month. This submittal shall include a listing of all rotation tows made, including any exempted From this surcharge. This fee shall not be billed to the vehicle owner — consideration for this surcharge is included within the allowance for the standard towing fees. Approved: 7J3/13 ............................................................................................................................... R. Sean Baldwin, Chief of Police Date Fort Pierce Police Department Agreed: As a condition for inclusion on the rotation towing list, I agree to abide by the terms and conditions contained within City of Fort Pierce Code of Ordinances, Florida, Chapter 9, Article IX — Wrecker Qualifications and Allocation System and the fee schedule provided herein. ................................................................................ Tow Company Name ................................................................................. Printed Name of Tow Company Authorized Agent ............................................................................................................................... Signature of Tow Company Authorized Agent Date Attached: City of Fort Pierce Code of Ordinances, Chapter 9, Article IX — Wrecker Qualifications and Allocation System Page 3 of 3 Packet Pg. 259 9.A.1.e Susan Bellamy From: Robert McGhee <RMcGhee@cityofpsl.com> Sent: Tuesday, June 05, 2018 2:19 PM To: Susan Bellamy Subject: non conconsentual towing rates All tow rates are established by St. Lucie County. We follow the guidelines established by the Sheriff's department and I have no information about increasing rates. Sgt. Robert McGhee Traffic Unit Supervisor Port St. Lucie Police Department Packet Pg. 260 9.A.1.f ORDINANCE NO. 18-XXX AN ORDINANCE AMENDING DIVISION 2 — 46-77; BY AMENDING SECTION 46-78 FEES THAT MAY BE CHARGED FOR REMOVAL AND STORAGE OF WRECKED OR DISABLED VEHICLES FROM AN ACCIDENT SCENE OR FOR THE REMOVAL AND STORAGE OF VEHICLES, IN THE EVENT THE OWNER OR OPERATOR IS INCAPACITATED, UNAVAILABLE, LEAVES THE PROCUREMENT OF WRECKER SERVICE TO THE LAW ENFORCEMENT OFFICER AT THE SCENE, OR OTHERWISE DOES NOT CONSENT TO THE REMOVAL OF THE VEHICLE PER SECTION 125.0103(1XC), FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR RATIFICATION OF FEES CHARGED; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, Sections 125.0103(1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which may be charged for the towing, removal and storage of vehicles without the owner's consent for all of the areas of St. Lucie County. WHEREAS, it is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County to have the roads rights -of -way cleared as quickly as possible after an automobile accident; and, WHEREAS, St. Lucie County has been requested to adjust fees to be consistent with surrounding counties; and, WHEREAS, St. Lucie County Sheriff's Office supports this adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. AMENDMENT OF DIVISION 2 — VEHICLE TOWING OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 46-76 of the St. Lucie County Code of Ordinances and compiled Laws is hereby added to read as follows: Section 46-78 Fees In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: Struck through passages are deleted. Underlined passages are added. 1 Packet Pg. 261 9.A.1.f (a) Non-consensual tow: Tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency. (b) The maximum fee is established which may be charged on the removal and storage of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable. leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle as follows: REGULAR WRECKER SERVICE CLASS A/D CLASS B CLASS C FLATBED "LANDOLL" ROTATOR BOOM Day or Night Service c,� 1�1� 155.00 $225.00 $2.70.99 $350.00 $i;15.()A $530.00 $514.00 Mileage Charge $3-.0� 4.50 $4.99 5.50 $4&.00 $7.50 $6 0)- 8.50 $8.50 Time Charge per % hour. ** $60.00 $60.00 $122.00 $60.90 $258.00 $259-99 $400.00 ** After 30 minutes on the scene, will be charged in increments of 30 minutes. Underwater Recovery $242.00 Flat rate for a Sheriff's Office diver. certified scuba diver with full gear. Not Airbag Recovery $720.00 Gate Fee (pe.. ay) n..tside McFage $29.00 lnrw �e cter�„e $39-99 Administrative Fee $43.00 — One time charge per tow Additional Manpower per % hour $60.00 The fee schedule shown in this table is subject to annual revision in section 46-79. based upon the provisions StFU .'thFGHghpassages are deleted. 2 Underlined passages are added. Packet Pg. 262 9.A.1.f SCHEDULE FOR STORAGE MAXIMUM RATES 2018 - 2019 CLASS OR ACTIVITY APPROVED RATES INSIDE STORAGE — Any vehicle, boat, or trailer under twenty (20) feet in length $45.00 INSIDE STORAGE - Any vehicle, boat, or trailer over twenty (20) feet in length $50.00 OUTSIDE STORAGE - Any vehicle, boat, or trailer under twenty (20) feet in length 35.00 IC4155-� � Trci�icr�feet ;TI'TC Ir'.,�.,, Q� zrrcrcv,vm v --T �vzcrr G IT'rr L��7 OUTSIDE STORAGE - Any vehicle, boat, or trailer over twenty (20) feet in length fry Q 80.00 A61TSID€ STORAGE - Ryyehid, beat r +Fade, tWeRty (20) feet Or I.,h..+h (OaSS a eF 4) AFTER HOURS GATE FEE — (shall only be charged if the firm is closed after normal $42.00 business hours. This charge will not be charged at the time of the after hour's call, but will be included in the final invoice to be paid at time the vehicle is retrieved) TARPS AND / OR CRASH WRAP — per vehicle 25.00 The following schedule of storage rates shall be set forth for the storage of vehicles. However, pursuant to section 713.78(2), Florida State Statutes, no storage fee shall be charged if the vehicle is stored for less than six (6) hours from the time the vehicle arrives at the storage facility. The schedule of storage fee shall be based upon twenty-four (24) hour increments, NOT calendar days. Struck through passages are deleted. 3 Underlined passages are added. Packet Pg. 263 9.A.1.f 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. RATIFICATION OF FEES. The St. Lucie County Board of County Commissioners hereby ratifies the fees charged for non- consensual tows as set out in the St. Lucie County Sheriff's Office Wrecker Rotation Manual, which was approved by the Board of County Commissioners on October 14, 2003. PART D. SEVERABILITY AND APPLICABILITY. 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 E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Anthony Bonna XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX 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. StFU .'thFGHghpassages are deleted. Underlined passages are added. 4 Packet Pg. 264 9.A.1.f ATTEST: PASSED AND DULY ADOPTED this Deputy Clerk StFU .'thFGHghpassages are deleted. day of , 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5 Underlined passages are added. Packet Pg. 265 9.B.1 ITEM NO. ORD-2018-11 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ramwCT- BACKGROUND: Kori Benton, Planning Support Coordinator Planning & Development Services DATE: 08/07/2018 *PUBLIC HEARINGS\PLANNING & DEVELOPMENT SERVICES QUASI-JUDICIAL River Vista - Future Land Use Map Amendment from COM (Commercial) to RH (Residential High- 15 du/ac) The applicant is requesting a large-scale amendment to the Future Land Use Map, of the St. Lucie County Comprehensive Plan from COM (Commercial) to RH (Residential High- 15 du/ac). A concurrent application to change the zoning of the parcel from the CG (Commercial General) Zoning District to the RM-11 (Residential - 11 du/ac) Zoning District has also been submitted. The purpose of the amendment is to provide for future development of a residential community at the site, a permitted use in the jointly proposed rezoning to the RM-11 Zoning District. The petition property is a 12.56 acre parcel located on at the northeast corner of Indrio Road and US Highway 1. The site is located within the Five -Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County, where the County is currently advancing new water and sewer services to this area of the County. The overall development intensity is reduced by the proposed amendment, however the integration of more residential development compliments the future commercial development at the intersection of US 1 and Indrio Road may provide a greater mix of land uses at this location. Requested Future Land Use: Packet Pg. 266 9.B.1 River Vista RZ-120185255 1 FLUMA-120185254 Proposed Future Land Use R5 RE — — — — — — — — t CPUB ! CO M 1 I � 1-00 \ r � F2H \ y4 \ Y� 6 I INDR€O R❑ p rn ! CPUB RU r RU .......... 7 �G DEL MOWEST q 1. py�E SK — .... FLU Codes: RH: Residential High 15 du! 1 ac A 51}0ft Buffer } 0 100 200 WO 660 806 C6M: Commercial RE: Residential Estate [1 du/1 ac} Feet W � E Subject Parcel CPUB: Conservation/Public RS:Residential Suburban [2du11 ac} V MXD: Mixed Use Development RU: Residential Urban (5 dull ac) Map Prepared. March 12, 2018 S Current Future Land Use: Updated: 7/30/2018 2:25 PM by Katrina Slay Page 2 Packet Pg. 267 9.B.1 I'Jww a NH MSubJ10 PtC41 River Vista RZ-120185255 / FLUMA-1M852 4 COY Cw-w-%NO CFkk9 C04r:JkrIM-MRAk JIAW k"D �` Dpj4ftpn re PREVIOUS ACTION: RE R:Pd-9-S-06al};! �40 RS R*- �+k �GM 0 auw6an 12 &o a€f WWI RU RO p'�m;al' n I.r1.19w-' 4rI 'F The Planning & Zoning Commission, at their July 19, 2018 meeting, voted unanimously to recommend the Board of County Commissioners approve transmittal of the proposed Comprehensive Plan Future Land Use Map Amendment. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve transmittal of the proposed Comprehensive Plan Future Land Use Map Amendment to the State Land Planning Agency, and corresponding agencies, for review pursuant to Chapter 163, Florida Statutes. COMMISSION ACTION: Updated: 7/30/2018 2:25 PM by Katrina Slay Page 3 Packet Pg. 268 9.B.1 Coordination/Signatures L li I , DirectoIV larming & Development Services 7/26/2018 4anieA..McIntyre, C my ttorney 7/26/2018 Ho and Tipton, Count Administrato 7/27/2018 Updated: 7/30/2018 2:25 PM by Katrina Slay Page 4 Packet Pg. 269 BOARD OF COUNTY COMMISSIONERS Hearing Date: Tuesday August 7, 2018 Applicant B-Smith Enterprises LP 1675 N Military TRL #5 Boca Raton, FL 33486 Agent Dennis Murphy (dmurphy@ct-eng.com) Culpepper & Terpening, Inc. 2980 South 25th Street, Fort Pierce Existing Future Land Use COM (Commercial) Proposed Future Land Use RH (Residential High, 15 du/ acre) Existina Zoning CG (Commercial, General) Proposed Zoning RM-11 (Residential — 11 du/ ac) Staff Kori Benton bentonk@stlucieco.org (772) 462-2518 File Number FLUMA 120185254 T Luc1 Mi COUNTY F L O R I D A Future Land Use Map Amendment - River Vista From COM, Commercial to RH, Residential High River Vista RZ-120185255 / FLUMA-120185254 Proposed Future Land use RS RE CPUB 1 OM t 2r dg9� RH , INDRIORD CPUB RU �5, $g �� RU11 m DEL MONTESTSp,ON'� 5t FLUCodea: RH_ Residential High(15dN lac) n it15OOff Buffer COM. C.—crciel RE_ Residential Estate (1 du/1 ac) 0 100 200 4a0 500 800 CPUB' Conservation Public RS_ Residential Suburb-(2 dull ac) Feet W+E Subject Per.., MX "B' Mixed J. Develop-1 RU: Residential Urban (5 du/1 ac) Map Prepared. March 12, 2018 g Location: Northeast Corner of Indrio Road & US Highway 1 Project Description This is a petition of B-Smith Enterprises LP requesting a large-scale amendment to the Future Land Use Map, of the St. Lucie County Comprehensive Plan, for a 12.56 acre parcel from COM (Commercial) to RH (Residential High— 15 du/ac). The stated purpose of the requested amendments is to develop the property as a residential community in the future; a per- mitted use in the proposed RM-11 zoning district. Backaround A concurrent application to change the zon- ing of the parcel from the CG (Commercial General) Zoning District to the RM-11 (Residential — 11 du/ac) Zoning District has also been submitted. These applications are being processed concurrently, however as the proposed Future Land Use Map Amendment is classified as a large-scale amendment, therefore the proposed amendment requires transmittal to the De- partment of Economic Opportunity (DEO), and corresponding agencies, prior to sched- uling a public hearing to consider adoption. to allow approval of the associated request for a change in zoning. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on July 27, 2018, letters were mailed to property owners within a 500 foot radius, and a sign placed on the property. Plannina & Zonina Commission The Planning and Zoning Commission, act- ing as the Local Planning Agency, at their July 19, 2018 meeting, voted unanimously to forward this petition to the Board of County Commissioners with a recommen- dation for approval. Staff Recommendation Staff recommends the Board of County Commissioners approve transmittal of the proposed Comprehensive Plan Future Land Use Map Amendment, amending the Future Land Use designation of the subject site from COM (Commercial) to RH (Residential High), to the State Land Planning Agency, and corresponding agencies, for review pursuant to Chapter 163, Florida Statutes. Approval of the Future Land Use Map (FLUMA) amendment is required, in order Packet Pg. 270 - _ Planning and Development Services Department Planning Division TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Mayte Santamaria, Assistant Director Linda Pendarvis, Development Review Coordinator FROM: Kori Benton, Senior Planner DATE: July 12, 2018 SUBJECT: Future Land Use Map Amendment — River Vista NE corner Indrio Road and US Highway 1 COM (Commercial) to RH (Residential High —15 du/ac) GENERAL INFORMATION Owner/Applicant: B-Smith Enterprises LP 1675 N Military TRL #5 Boca Raton, FL 33486 Agent for Applicant: Culpepper & Terpening Inc. Dennis Murphy, AICP 2960 S 25th St, Fort Pierce, FL 34981 Location: NE corner Indrio Road and US Highway 1 Parcel ID Numbers: 1417-132-0003-000-0 Parcel Size: +/- 12.56 acres Current Future Land Use: COM (Commercial) Proposed Future Land Use: RH (Residential High — 15 du/ac) Current Zoning District: CG (Commercial, General) Proposed Zoning District: RM-I I (Residential — 11 du/ac) Utility Service: St. Lucie County Utilities Water & Wastewater Fire/EMS Protection: Primary medical and fire response services to the subject property will be provided from the Lakewood Park Fire Station (Station #7), approximately 3.25 miles west of the petition site. c m E c a� E Q a m D c M J L U- M A d T 00 T Q N C O r- 0 a m M T m of c m E a ST. LUCIE VI�-- Packet Pg. 271 River FLUMA-12018 9.B.1.b July 12, 2018 Page 2 Right-of-way: U.S. Highway 1 is a 200 foot right-of-way owned and maintained by the State of Florida (FDOT) Indrio Road is owned and maintained by St. Lucie County with approximately 87.5 feet of right-of-way along the subject parcel's frontage. Old Dixie Highway is owned and maintained by St. Lucie County with approximately 66 feet of right-of- way along the subject parcel's frontage. Type of Concurrency Requested: Concurrency Deferral Affidavit Adjacent Land Use/Zoning/Uses: Direction Future Land Use Zoning Existing Use(s) North COM (Commercial) CG, Commercial General Undeveloped South COM (Commercial) & RU PUD, Planned Unit Developed as (Residential Urban - 5 du/acre) Development Commercial/Light Industrial and Single- family Residential East RU (Residential Urban - 5 RS-2, Single -Family (2 Utility & Undeveloped du/acre) & MXD (Mixed -use du/acre) (County Preserve further District) IH, Industrial Heavy to the east) West COM (Commercial) CG, Commercial General Undeveloped & Transient Lodging BACKGROUND The applicant is requesting a large-scale amendment to the Future Land Use Map, of the St. Lucie County Comprehensive Plan, for a 12.56 acre parcel from COM (Commercial) to RH (Residential High— 15 du/ac). A concurrent application to change the zoning of the parcel from the CG (Commercial General) Zoning District to the RM-I I (Residential — 11 du/ac) Zoning District has also been submitted. These applications are being processed concurrently, however as the proposed Future Land Use Map Amendment is classified as a large- scale amendment, advancement of the proposed amendment would include transmittal to the Department of Economic Opportunity (DEO), and corresponding agencies, prior to scheduling a public hearing to consider adoption. Approval of this Future Land Use Map (FLUMA) amendment is required to allow approval of the associated request for a change in zoning. The stated purpose of the requested change in future land use is for development of a residential community in the future; a permitted use in the jointly proposed is rezoning to the RM-11 Zoning District. The proposed RH designation is intended to accommodate most residential zoning districts, with exception to Agricultural Residential (I -du/ac.) and Residential Estate (I -du/ac.) districts, office and neighborhood oriented commercial, utilities, institutional, and religious facilities. Planned development districts may also be considered. The proposed future land use designation provides the opportunity to serve this development, and adjacent residential areas, with commercial neighborhood and office uses. The descriptions for the current and proposed future land use designations as well as the existing and proposed zoning districts are attached for review. T 00 T 0 N C O_ V_ 0 a cc co mb T m of c m E a ST. LUCIE V Packet Pg. 272 River FLUMA-12018 9.B.1.b July 12, 2018 Page 3 k1 l lI:\ W �I:111► F.16110 K Consistency with the St. Lucie County Comprehensive Plan In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary provisions applicable to this petition. The following is an element -by -element evaluation of the proposed amendment: Future Land Use Element The RH land use district provides the highest residential density in St. Lucie County and has been designated in limited areas in the County. The subject parcel is bounded by COM designations and lower density RU. In order to process this request, the County must review these requests for compatibility with adjacent uses, consistency with the development patterns/community character, and availability of public facilities. Due to characteristics of the subject site, location at an expansive intersection, and the adjacent use intensities, the applicant was encouraged to consider the MXD Land Use Designation to explore more innovative land use concepts which account for the site's proximity to US Highway 1, the Airport, and the adjacent Public Lands and Mixed -Use district further to the east. The applicant has wished to proceed with the RH designation, based upon the variety of compatible residential and limited commercial uses permitted in the RH land use. Requested Land Use Designation River Vista RZ-120185255 I FLUMA-120185254 Proposed Future Land Use Rs RE - - - - - - - - - f � CPUB t 1 t 1 co m t - t t � t � y t S G t SS tD s ' RH 9 t � 4 INDRID R❑ t p 5 MXD L CPUB RU qy 7 RU 7 p M M DEL M DNTE ST D51, 0 01 9T FLU Codes: RH: Residentia€Hi h 15dW lac N ` — — 500ft Buffer COM: Commercial RE: Residential Esta e(1 dull ac) ) 0 100 200 400 600 8U0 CPUB: Consenrati oNPublic RS_ Residential Suburban (2 dull ac) r-eet W�E Subject Pare el MXD: Mixed Use lDevelopment RL1_ Residential Urban (5 dull ac) Map Prepared: Wrrh 12, 2019 S Policy 1.1.1.2 of the Comprehensive Plan describes the County's Residential High (RH) land use category, requested for the subject site, as follows: Q ST. LUCIE V Packet Pg. 273 River FLUMA-12018 9.B.1.b July 12, 2018 Page 4 Areas designated Residential High (RH) are intended to accommodate high density development, not to exceed 15 dwelling units per gross acre. In order to develop at this intensity, it must be possible to connect into a central water and wastewater service facility, and the subject property must be located in an area of the County which has available all urban services and facilities including fire protection, police, recreation, roadways, and schools. The applicant indicates that the North US Highway 1 corridor is potentially "over designated" for commercial land uses, with little surrounding residential density for access and support of such commercial uses. Further, the applicant suggests that re -designating this property to a residential land use will allow for a greater mix of uses in the area, which can then provide the necessary synergies to support an effective mix of land use activities. The property is located within the Five -Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County, where the County is currently constructing new water and sewer services to this area of the County. The site is located along Indrio Road, roughly 3 miles from Lakewood Park Elementary, however the site is roughly 5 miles from the nearest St. Lucie County Public High school. Review by the St. Lucie County School Board Growth Management Department has been provided. Objective 1.1.4.: Consider changes to the future land use plan based upon smart growth, energy -efficient land use patterns and discouraging the proliferation of urban sprawl. The amendment property is located within the Urban Service Area and supports high intensity residential development along US 1. Potential development intensity is reduced by the proposed amendment, however the R proximity of nearby residential and commercial land uses will provide a greater mix of land uses for this high r dennity residential parcel. Said development pattern may further the intent of energy efficient land use pattern, ob upon greater buildout of the adjacent commercial sites. N Objective 1.1.5 - In coordination with the other elements of this plan, future development within the Urban c W O Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. c The proposed amendment site is served by urban and community services, with the capacity for greater service a m W in the future. Through appropriate design, and integration of an appropriate mix of uses in a compact nature, the site development will not encourage urban sprawl. co mb Policy 1.1.5.3 -When considering any amendment to the Future Land Use Maps of the County's Comprehensive T o0 Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: 0 E 1. That the property under land use amendment application is adjacent to, or within no more than one - quarter mile of the same or greater type of land use classification. a The subject property for the proposed Future Land Use Map change is located within a commercial node at the intersection of Indrio Road and US 1. Properties on all four corners of this intersection are more intense (nonresidential uses) than the requested change in Future Land Use of the subject property to RH (Residential High). Surrounding properties have a COM (Commercial) future land use designation; and a MXD designation for the Treasure Coast Industrial Park MXD (high intensity). ST. LUCIE V Packet Pg. 274 River FLUMA-12018 9.6.1.b July 12, 2018 Page 5 2. That the property under land use amendment consideration lies within the Five -Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. The subject property is located within the service area of St. Lucie County Utilities (SLCU) and water and wastewater is under construction and will be available to serve future development of the parcel. The property is located within the Five -Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County, where the County is currently completing new water and sewer services to this area of the County. Objective 1.1.12: Pursuant to the Land Development Code, all development orders and permits for future development and redevelopment activities shall be issued only if public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this plan) are available concurrent with the impacts of the development. Policy 1.1.12.1- Restrict higher densities and intensities of development to urban service areas, where public facilities are available. The subject property is located within the urban service area and public facilities are projected to be available. Concerns regarding access to school facilities were presented by the St. Lucie County School District, however steps towards mitigating potential impacts to this public facility will be required during site plan application process. Objective 1.2.1: Continue to explore planning concepts which provide for fewer and/or shorter automobile trips. Policy 1.2.1.1- Explore development patterns which allow for employment and shopping opportunities in close proximity to residential uses. The proposed amendment presents the capacity for new residential uses to be located in close proximity to a limited supply of commercial uses. Appropriate site design features shall be further evaluated during site plan review to ensure that the node is developed in a manner that furthers the vision of the Comprehensive Plan. Policy 1.1.4.6 - Future land use map amendment applications that increase the number of potential dwelling units within the unincorporated county, at build -out under this Plan, must be based upon data showing at least the minimum amount of land needed to accommodate projected seasonal and permanent population in accordance with Section 163.3177, Florida Statutes. The application has not presented analysis demonstrating this amendment is based upon data showing at least the minimum amount of land needed to accommodate projected seasonal and permanent population in accordance with Section 163.3177, Florida Statutes. In accordance with Florida State Statute Section 163.3177, Florida Statutes. (6) (a) 4. The amount of land designated for future planned uses shall provide a balance of uses that foster vibrant, viable communities and economic development opportunities and address outdated development patterns, such as antiquated subdivisions. The amount of land designated for future land uses should allow the operation of real estate markets to provide adequate choices for permanent and seasonal residents and business and may not be limited solely by the projected population. The element shall accommodate at least the minimum amount of land required to accommodate the medium projections as published by T 00 T Q N 0 O_ V_ 0 a m cc MT W c m E a ST. LUCIE V Packet Pg. 275 River FLUMA-12018 9•13•1.b July 12, 2018 Page 6 the Office of Economic and Demographic Research for at least a 10 year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. The Florida Office of Economic and Demographic Research projections for population growth for St. Lucie County are presented within Exhibit 1 below: Exhibit 1: Florida Office of Economic and Demographic Research population growth projection Projections of Florida Population by County, 2020-2045, with Estimates for 2017 County Estimates Projections, April 1 and State April 1, 2017 2020 2025 2030 2035 2040 2D45 Saint Lucie 297,634 314,995 342,548 366,969 389,563 410,647 431,193 Transportation Element: The subject property is located at the intersection of Indrio Road and US Highway 1 (US 1). Indrio Road and US 1 are designated as Urban Minor Arterial and Urban Principal Arterial respectively. The proposed future land use designation is anticipated to generate less trips than the current future land use designation and hence are anticipated to have reduced impacts on the Indrio Road and US I levels of service. Table 1, below, presents the traffic counts for abutting or adjacent roadway links published in the St. Lucie County Transportation Planning Organization's (TPO) 2017 Fall Level of Service publication. Table 1: TPO Traffic Counts for Adjacent & Abutting Roadways Roadway Segment 2015/2016 Pk Hr Service AADT Capacity/ LOS 25' Street to Indrio US Highway 1 Road 16,277 2,100 US Highway 1 g y Indrio Road to 19,104 2,100 Turnpike Feeder Rd. Indrio Road US Highway 1 to Old C Dixie Highway950 The applicant maintains the requested change in Future Land Use represents an approximate 75% reduction in the estimated trip generation (AADT) for the petitioned property, based on its Current Land Use classification. This gross trip assessment is summarized as follows: Table 2: Trip Generation Comparison — Future Land Use Build -out Assumption Comparison Gross Site Area 12.56 acres Existing Land Use COM (Commercial) Projected Land Cover (By Building) 23% or, 125,000 sq. ft. (based on rate of 10,000 sf/acre Projected trips (ITE Use Code 820) — Shopping Center 42.94/ 1000 sq. ft. T 00 0 N c O V_ 0 a m cc co MT W of c m E a ST. LUCIE V Packet Pg. 276 River FLUMA-12018 9.B.1.b July 12, 2018 Page 7 Trip rate/ 1000 sf 5,367 trips AADT Proposed Land Use 188 dwelling units Maximum Residential Projected trips (ITE Use Code 220) — Apartments Trip rate/ unit 6.65 AADT 1,250 Trips Suggested difference between COM and RH land use: 4,117 trips, based upon the presented build -out assumptions. Based on the above, it may reasonably be inferred that the proposed change in Future Land Use from COM (Commercial) to RH (Residential High) will not have a negative effect on any local roadway in the project area. This Future Land Use change results in a `reduction' of 4,265 potential trips on the area roadway network. Sufficient capacity is available to serve the potential vehicular traffic generation from the subject site. The subject site is not currently adjacent to a transit station or hub, and is not interconnected via existing sidewalk or pedestrian connections. The site is however adjacent to the planned Greenways & Trails link as presented in Exhibit 2 below: Exhibit 2: Greenways & Trails Plan Adjacent to Petition Site i * Subject Site r Inc ro - Savannahs S LC Airport The site is located within the Airport Overlay Zone as presented in Exhibit 3 below: T 00 T CD C 0 V_ 0 0. co MT W E a ST. LUCIE V Packet Pg. 277 River FLUMA-12018 9.B.1.b July 12, 2018 Page 8 Exhibit 3: Airport Overlay Zone Figure 2-1 of the Transportation Element presents the Airport Runway Protection Plan, with accompanying projections for noise compatibility for adjacent uses. Further review by the Airport Authority was requested, to verify the property is situated outside of the 65 DNL noise segment, within which residential development is not compatible. The FAR Part 150 Noise Compatibility Study completed for the Airport in 2005 recommended a 4-mile notification to residential developers requiring the disclosure of existence of airport and aircraft operating in the area, limitation of school development where F.S. Chapter 333 prohibits schools off the ends of runways, and noise easements and/or sound insulation for new residential development in the 60 DNL noise contour. The County Airport Department has not provided endorsement or objection to the proposed amendment. In review of the Airport Runway Protection Plan and accompanying projections for noise compatibility for adjacent uses, the petition site appears to be situated outside of the 65 DNL noise segment. Objective 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land Use Element or other related components of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. A detailed traffic report was not provided with the application. The applicant indicated that the requested future land use change would reduce approximately 75% of the estimated trip generation (Annual Average Daily Traffic) compared to the Current Future Land Use classification. The Transportation Impact Summary provided by the applicant estimated the number of vehicular trips associated with the maximum potential commercial development for the existing future land use designation of COM and the maximum potential residential development for the proposed RH designation. The Transportation Summary estimates are based on a 125,000 square foot shopping center (based upon 10,000 sf/acre and a projected 23% land cover by building) for the pre -amendment impacts. Utilizing Table 820 (Shopping Center) of the ITE Trip Generation Manual, the average daily trip rate T 00 T Q N C O V_ 0 a m cc co T m of c m E a ST. LUCIE V Packet Pg. 278 River FLUMA-12018 9.B.1.b July 12, 2018 Page 9 of 42.94 trips per 1,000 square feet of gross area results in 5,367 annual average daily trips. Utilizing the maximum potential density of 15 units per acre under the proposed RH designation and the trip generation rate of 6.65 per dwelling unit (ITE Use Code 220 — 9' Edition), the maximum number of trips generated from the 188 multi -family units would be 1,250 trips. This results in a decrease in potential trips of approximately 4,117 trips, based upon suggested build -out assumptions. Based on the above, it may reasonably be inferred that the proposed change in Future Land Use from COM (Commercial) to RH (Residential High) will not have a negative effect on any local roadway in the project area. Policy 2.1.1.5 - Facilities currently operating at conditions below the adopted level of service standards shall be maintained at least at their current LOS through development order conditions for roadway improvements within the radius of influence of a proposed development. The radius of influence for a given development shall be further defined in the County's Land Development Code traffic monitoring provisions. A detailed traffic analysis will be required during the site plan development process. Since the proposed amendment is projected to reduce the average daily trips, the impacts on the roadway levels of service under the proposed future land use designation will be less than the current future land use designation. Policy 2.7.2.1: The St. Lucie County Comprehensive Plan, Future Land Use Element, shall delineate all existing airport locations and ensure that all adjacent areas are restricted to airport compatible land uses. The type and intensity of the adjacent land uses shall be determined based on the classification of the airport. Policy 2.7.2.3 - St. Lucie County shall follow existing and projected noise levels as delineated in the FAR Part 150 Study completed for the St. Lucie County International Airport when considering requests for zoning changes and building permits for new construction or major reconstruction and prohibit construction of noise sensitive structures within the 65 dnl contour of the airport. Policy 2.7.2.4 - St. Lucie County shall continue to maintain and enforce the adopted height restriction ordinance consistent with height restrictions as outlined the FAR Part 77 Study for applicable areas adjacent to the St. Lucie County International Airport. St. Lucie County shall follow this ordinance when considering requests for building permits for new construction or major reconstruction and prohibit construction of structures in violation of the height restrictions. The County Airport Department has not presented an objection to the proposed amendment. Housing Element: Policy 3.1.1.3 - In order to facilitate the location of new commercial and industrial enterprises especially high- tech industries, the County shall maintain sufficient housing to encourage the relocation of new businesses. Policy 3.1.1.4 - The County shall encourage residential development in the vicinity of new industrial and commercial development. The amendment is consistent with Policies 3.1.1.3 and 3.1.1.4. The proposed amendment will support the location of high density residential development near commercial and mixed -use development since a significant portion of lands around the subject property have commercial or mixed -use future land use designations. Policy 3.1.2.3 - The County shall incorporate land development regulations which insure that high density residential developments incorporate accommodations for public transit facilities if along transit routes. T 00 T 0 N c O_ V_ 0 a m cc MT W of c m E a ST. LUCIE V Packet Pg. 279 River FLUMA-12018 9.B.1.b July 12, 2018 Page 10 The subject property is located along the Treasure Coast Connector Service Route 7, however there is not currently a bus stop located close to the subject property. Transit service and amenities to access the subject property would demand further assessment through the site plan review process. The TCC Route 7 operates with limited service, Monday through Friday from 7:30am to 6PM. Policy 3.2.5.1 - The County shall maintain Residential High (RH) designation in order to provide options for development of low and moderate -income housing. Currently there is no information available on the type of housing that will be provided on the subject property. However, compliance with this objective will be revisited during the site plan review process. Infrastructure Element: Water and sewer services are available or will be available in the near term based upon a St. Lucie County capital improvement program along this segment of the US Highway 1 corridor. Prior to any final development order for the property, the applicant must obtain a Certificate of Capacity, which demonstrates that sufficient capacity in these services exists to serve the property. ■ Potable Water Sub -Element The proposed amendment has been determined not to conflict with this sub -element. The subject property is N located within the service area of St. Lucie County Utilities (SLCU). The property is located within the Five - Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County, where the County is currently constructing new water and sewer services to this area of the County. Policy 4A.1.2.1 - All development will be specifically conditioned on the availability of services necessary to T ob maintain LOS standards as adopted within this Comprehensive Plan. N Policy 4A.1.2.3 - The LOS standard for potable water systems other than those owned and operated by FPUA c W shall be permanent and seasonal residents —100 gpcd. 0 Policy 4A1.2.6 - Development approved by the County Commission within the unincorporated area of the 0 County requiring central potable water service will only be permitted when such development ties into existing potable water facilities of or makes provision for obtaining potable water service from the County Utility y District, the Fort Pierce Utility Authority or the City of Port St. Lucie or other utility provider that has the consent of the County pursuant to Policy 4A.1.1.3 within their respective water utility service areas in accordance with the then in effect utility extension policy of the applicable potable water service provider. o0 o� c A proposed 12" water main was approved on January 23, 2018, by the BOCC to be constructed along E Indrio Road, the Turnpike Feeder Road and US 1. This water main will provide water service to the property. The property owner will need to enter into a Standard Developer Agreement with SLCU in 2. order to reserve water and wastewater capacity for the property. Expected water consumption use (at a build -out) is approximately 47,000 gpd. Policy 4A.1.5.1 - Prior to issuance of a building permit, the County shall require that all applicants provide verification that water service can be provided in conformance with the policies in this plan and that adequate system capacity is available if a central system is to be utilized. ST. LUCIE V Packet Pg. 280 River FLUMA-12018 9.B.1.b July 12, 2018 Page 11 Prior to any Final Development Order for the property, the applicant must obtain a Certificate of Capacity, which demonstrates that sufficient capacity exists to serve the property. ■ Solid Waste Sub -Element The proposed amendment has been determined not to conflict with this sub -element. Policy 4B.1. L I - Ensure sufficient capacity at the landfill through the year 2037, establish the following standards for level of service for the County's solid waste facilities: A. 5.10 pounds of Class I solid waste per capita County -wide per day at the landfill; and 2.80 pounds of construction and debris per capita County -wide B. Maintain at least two years of landfill lined cell disposal capacity; C. Maintain at least twenty years of landfill raw land capacity. The County's Solid Waste facility currently has sufficient capacity to serve the subject property and the Level of Service (LOS) standard for the County's solid waste facility as set forth by Policy 4B.1.1.1. Prior to any final development order for the property, the applicant must obtain a Certificate of Capacity, which demonstrates that sufficient capacity exists to serve the property. Based on the adopted level of service standards, the following table summarizes the expected waste generation from the subject property under the maximum development of 188 units under the proposed future land use designation. Maximum Number of Units = 188 units Gross population (at 2.5 persons per unit) = 470 Total Waste generation (5.1 lbs per person) = 2397 lbs (1.2 tons) ■ Drainage Sub -Element The proposed amendment has been determined not to conflict with this sub -element. Policy 4C.1.1.2 -To ensure that St. Lucie County maintains sufficient stormwater runoff, the following level - of -service standard shall be utilized in determining the appropriate amount of runofffor a project: Structure/Facility 10 yr., 24 hr. 10 yr., 72 hr. 100 yr., 72 hr Houses/Building <FFE' <FFE <FFE I Peak flood stages less than first (finished) floor elevation based on available data. Policy 4C.1.1.3 - The Level of Service standard in Policy 4C.1.1.2 shall be applicable to all commercial, industrial and residential development activities within the Unincorporated St. Lucie County. Policy 4C.1.4.2 - All development will be specifically conditioned on the availability of services necessary to maintain Level of Service standards as adopted within this Comprehensive Plan. Stormwater storage and water quality treatment will be part of the review and permitting for any future development. In accordance with Objective 4C.1.4.2 of this element, all development will be conditioned on the availability of services necessary to maintain the level of service standards for stormwater set forth in Policy 4C.1.1.2. T 00 T 0 N C O V_ 0 a cc co MT W of c m E a ST. LUCIE V Packet Pg. 281 River FLUMA-12018 9.B.1.b July 12, 2018 Page 12 The subject property is located in Flood Zone "X" according to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 12111c0088J, dated February 16, 2012. Prior to the authorization of any buildings on the property the applicant must demonstrate compliance with the County's Land Development Code Flood Damage Prevention and Stormwater Management provisions. The property is located on the east slopes of the Atlantic Coastal Ridge (a/k/a the Sand Ridge) that runs the length of St. Lucie County. Elevations on the property run from approximately +40 along the site's western property line to approximately +15, along the sites eastern property line. The site slopes consistently from west to east. The applicant indicates that the soils in this area exhibit a high degree of permeability and there are expected to be few, if any, drainage issues associated with this property. The applicant advises that site grading will be done in manner that minimizes erosion risks. Further review will be performed and coordinated through the development review process. ■ Sanitary Sewer Sub -Element The proposed amendment has been determined not to conflict with this sub -element. Objective 4D1.2: The County shall implement procedures for ensuring that when a development permit is issued, pursuant to the current Service Availability Report, adequate facility capacity is available or will be available when needed to serve the development, concurrent with the impacts, in order to meet adopted level - of -service standards. Policy 4D.1.2.2 - The standards for level of service for sanitary sewer systems other than those owned and operated by FPUA shall be Permanent & Seasonal Residents - 100 gpcd. The LOS standard for those areas of T the unincorporated County served by FPUA shall be 110 gpcd. 00 T Q N The subject property is located within the St. Lucie County Utilities (SLCU) service area. SLCU owns p and operates a 16" force main along US 1 in this area which will be available to provide wastewater O service to the property. The property owner will need to enter into a Standard Developer Agreement with SLCU in order to reserve wastewater capacity for the property. Expected waste water consumption c CL use (at buildout) is approximately 47,000 gpd. CD Coastal Management Element: co The proposed amendment has been determined to not conflict with the Coastal Management Element, based upon the site location and characteristics. o0 o� c Conservation Element: E The change in future land use designation does not authorize any alteration of the subject property. The County's Environmental Resources Department staff will work with the applicant to reduce impacts to native a habitats on site, if any, during the site plan review process. Goal 6.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. The parcel contains scrub habitat, which is a Critically Imperiled vegetative community defined by the Florida Natural Areas Inventory. This area is suitable habitat for the endangered Lakela's Mint ST. LUCIE V Packet Pg. 282 River FLUMA-12018 9.B.1.b July 12, 2018 Page 13 (Dicerandra immaculate Lakela). Per Comprehensive Plan If high quality habitat is identified, clustering of the allowable density of development to more suitable areas of the parcel may be required [Comprehensive Plan Policy 6.1.12.4.b]. The subject property is not a part of any identified area for potential environmental lands acquisition program or project. There are no known Category I, II, or III Wetlands on the subject property. The subject property will be subject to the preparation of a complete environmental assessment report (based on gross acres of parcel size) as part of any final development application proposal. Recreation and Open Space Element: The current future land use designation of commercial does not create demands on recreation facilities, however the proposed future land use designation for high density residential will place additional demands on recreational facilities. The Recreation and Open Space Element of the Comprehensive Plan suggests the County has a surplus of all park types through the horizon year of 2030, not accounting for demands and needs for Neighborhood Parks, however the Future Land Use Element (Page 1-10) describes a deficit of Community Parks and Regional Parks. Further analysis is being coordinated with the Parks and Recreation team to verify the current levels of service. Neighborhood Parks includes those that typically serve neighborhoods and mixed - use centers in suburban or urban areas of the county. These parks are within walking or biking distance of the neighborhood or center they serve and amenities such as restrooms and parking may or may not be provided. Objective 7.1.1: Active andpassive recreation facilities and open -space areas for the residents and visitors of St. Lucie County shall be provided in a manner consistent with the Level of Service Standards set forth in this element. Consistency with these standards shall be maintained in subsequent years. Policy 7.1.1.1 - Level of Service for Recreation and Open Space shall be as follows: a. Community parks: 5 acres/1000 residents in the unincorporated area b. Regional parks: 2.5 acres/1000 population countywide c. Resource -based Parks: 21.2 acres/1000 population countywide. Based on the adopted level of service standards, the following Table, 3, summarizes the expected parks and recreation needs from the maximum development potential under the proposed future land use designation. Maximum Number of Units = 188 units Gross population (at 2.5 persons per unit) = 470 Population per 1,000 people = 0.47 Table 3: Expected parks and recreation needs from the maximum development potential Park Type Ratio/1,000 Projected Population (per 1,000) Park Acreage Needs Community 5 0.47 2.4 acres Regional 2.5 0.47 1.2 acres Resource 21.2 0.47 10.0 acres According to the Recreation and Open Space Element of the Comprehensive Plan, the County has a surplus of all park types through the horizon year of 2030. T 00 T CD C O V_ 0 a m cc co mb T M W of c m E a ST. LUCIE V Packet Pg. 283 River FLUMA-12018 9.B.1.b July 12, 2018 Page 14 Intergovernmental Element: The proposed amendment has been determined not to conflict with this element. Policy 8.1.1.2: Notify in writing the cities of Fort Pierce, Port St. Lucie, and St. Lucie Village of all applications for rezoning and land use amendments which are contiguous to their borders or within an area of planned annexation. Policy 8.1.1.3 - Through the development review process, coordinate all development in the unincorporated County with local governments that are adjacent to or will be impacted by the development. Policy 8.1.1.4 - Coordinate requests for development orders or permits, as appropriate, with adjacent counties, special districts, the Treasure Coast Regional Planning Council, the South Florida Water Management District and state and federal agencies. Policy 8.1.1.8 - Continue to review transportation service volumes and Levels of Service as they relate to State roads, and coordinate with the Florida Department of Transportation (FDOT) relative to State level of service standards. Objective 8.1.4: The County, through the County Administrator, shall continue intergovernmental coordination procedures to ensure full consideration is given to the impacts of developments proposed in the County Comprehensive Plan on other governmental entities and vice versa. The subject property is located entirely within the St. Lucie County boundary and is not contiguous to the borders of any of the cities within St. Lucie County. The subject site is not presently within an area of planned annexation. Through the large-scale Future Land Use Map Amendment transmittal process, and development review process, the City of Fort Pierce and St. Lucie Village will be included in the coordinated review of impacts. The City of Fort Pierce and Port St. Lucie Development Review Committees (DRC) are included on all development applications, and have had the opportunity to review and comment on this application. Capital Improvements Element: The proposed amendment has been determined not to conflict with this element. Policy 9.1.1.3 - The quantity of public facilities necessary to eliminate existing deficiencies and to meet the needs of future growth shall be determined for every type ofpublic facility by the following calculation: Policy 9.1.1.19 - The County shall continue to require new development to meet Level of Service Standards for both on- and off -site improvements, including local streets, water and sewer connection lines, stormwater management facilities, and open space. Policy 9.1.4.3 (B)(1)69: No right to obtain final development order, nor any other rights to develop the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity ofpublic facilities. Approval of the proposed future land use amendment does not imply that any specific development scenario can occur on the property but allows the applicant to seek development of the property for residential uses. A Certificate of Capacity demonstrating sufficient public facilities are available to support a specific development proposal must be obtained before a final development order is issued. T 00 T Q N c O V_ 0 a m cc MT W c m E a ST. LUCIE V Packet Pg. 284 River FLUMA-12018 9.B.1.b July 12, 2018 Page 15 Economic Development Element: The proposed amendment has been determined not to conflict with this element. Goal 10.1: Support economic development in St. Lucie County as part of'an overall strategy for sustainability and quality of life. Policy 10.1.1.4: Place a high priority on infill projects that are consistent with the smart growth policies of St. Lucie County. Policy 10.5. L I - Encourage the use of compact, mixed -use development. Smart growth policies include locating a mix of uses including residential and commercial services near each other. A mixed -use and dense development pattern helps to reduce vehicle trips and energy consumption on County roadways, and promotes non -vehicular travel including walking, biking and transit. The proposed residential future land use would present a wider selection of residential uses in this part of the County. The consideration of an MXD Land Use designation would further this policy, providing for the direct integration of residential, commercial, and other appropriate uses at this premier corner poised for new construction and redevelopment. Towns, Villages and Countryside Element: The proposed amendment is not applicable to this element since the subject property is not located within the T TVC area, as adopted. 00 Public School Facilities Element T Q N c O Goal 12.1: The County shall collaborate with the St. Lucie County School Board to plan for public school capacity to accommodate projected enrollment demand within the five year, ten year, and twenty year planning c periods. m Objective 12.1.1: Land use and school capacity [W-5.025(3)(b)(4)(5), and (6) F.A.C.] - It is the W objective of St Lucie County to coordinate land use decisions [see definition] with school capacity planning. This objective will be accomplished by recognizing the St. Lucie County School Board's y statutory and constitutional responsibility to provide a uniform system of free and adequate public schools, and the County's authority for land use, including the authority to approve or deny petitions o0 for future land use, rezoning, and subdivision and site plans for residential development that generate students and impact the St Lucie County school system. E Policy 12.1.1.2 - Coordinating School Capacity with Growth - The County shall coordinate land use decisions with the St. Lucie County School Board's Long Range Facilities Plans over a the 5-year, 10 year and 20 year periods. Policy 12.1.1.7 - Criteria for Evaluating Land Use and Development Applications [ILA Section 9.6] [Sec 163.3177(6)(a) F.S.] - In reviewing and approving comprehensive plan amendments, developments of regional impact, rezonings, and development proposals, the County will consider the following factors consistent with County codes and ordinances: a. St. Lucie County School Board comments; ST. LUCIE V Packet Pg. 285 River FLUMA-12018 9.B.1.b July 12, 2018 Page 16 b. Available school capacity or planned improvements to accommodate the enrollment resulting from the land use decision; The St. Lucie County School District Growth Management Director presented the following evaluation of the Future Land Use amendment petition: The project is proposed within the School Capacity Planning Area (SCPA) 1. The goal of the SCPA is to plan the schools concurrently with the land use changes so that schools will be located in proximity of the residential land uses. While initially the Concurrency Service Area (CSA) is used to meet the development needs before schools are built in emerging areas. • The School District's current 5-year work plan needs is not fully funded and does not have any new schools identified to be constructed in SCPA 1. The school concurrency area is CSA A. o There are sufficient student stations at the elementary level. o There are insufficient permanent student stations at the middle and high schools to meet the program needs, but needs are being met through the placement of portable classrooms on the sites. o Also, the high school in CSA A is Fort Pierce Westwood High School needs to be modernized and will create additional capacity but is currently not funded. The applicant is coordinating with the St. Lucie County School District Growth Management Department to advance an agreement centered on mitigating potential impacts to public schools, related to the subject petition. Rural Land Stewardship Area Overlay Element: The proposed amendment is not applicable to this element. This element is an incentive -based system that encourages the voluntary preservation and private stewardship of natural resources, retention of rural uses and r agriculture and accommodates economic growth and diversification in a sustainable rural environment. 0 N NEIGHBORHOOD MEETING o O The applicant has not engaged in a neighborhood meeting regarding the subject petition. Neighborhood V_ meetings are strongly encouraged, however are not required. a m STAFF RECOMMENDATION c� The proposed amendment is generally consistent with the Goals, Objectives, and Policies of the Comprehensive co Plan, providing for new development to be based upon smart growth, energy -efficient land use patterns and discouraging the proliferation of urban sprawl. Therefore Staff recommends the Planning and Zoning m Commission, acting as the Local Planning Agency, forward this petition to the Board of County Commissioners with a recommendation for approval of the Future Land Use Map Amendment from COM (Commercial) to RH (Residential High). a ST. LUCIE V Packet Pg. 286 SAN DHILL- C RANE-L- N J � LW 5 —_ a--MR€;LER-L-FJ H U HE R- DR JUL M.DR RIVER - PALM DR - StJAIL-KITE LFJ J LL , SkJ,41L-t{ITE LFd J J ci O z J J LU SU�ALLDWLN— W 0 x 0. 0. W J O WI L-C OX- RD ItJDRI�'RD �� Gy � p y y F � L � S1� L ELALTO.- T r 0 0.12E 0.2-E 0.E 0.75 1 Wiles I 9.113.1.c I Fir Vista FEZ- 120 185255 FLU 1A-120185254 Subject parcel C:T-- MO HA P-CH- L N IOUP RD F. PENINSULA DR N E S Q Ma Prepared on: March 12. 2018 VLk J Packet Pg. 287 .�L !`JD 0 RD b00ft BOW Gbject marcel Fiver Vista -1201 2 l FLUM -1201 2 4 mo wvvrr . I K :m T ;n.-z I ' 187.5 375 750 1,125 1,500 Feet 9.B.1.c Aerial Map c a) E c d E a CL m C J d L N L r r 00 O N 0 O CD CO) Q. C� L V rM W oj E ci r r a k Aerial date: 2016 Map prepared: Marsh 12, 2 Packet Pg. 288 RE INDRIO RD xCI CPU B FEU L _ _ 500ft Buffer MSubject Parcel Fiver Vista -1201 2 / FLUMA-120185254 o _ DEL. MONTE ST FLU codes: COM: Commercial RE: Residential Estate (1 dull ac) CPUB: ConservationlPublic RS: Residential Suburban (2 dull ac) MXD: Mi>ed Use Development RU: Residential Urban (5 dull ac} NKA 9.B.1.c Existing Future Land Use CPU B 0 w E E a cc 2 J d L 3 U- M r L N% I.f. r 0 N G O d CO) d s a MON 100 200 600 800 Packet Pg. 289 Mel. Pn3perec: Mer:;h 12: 2v1 RE Fiver Vista -1201 2 / FLUMA-120185254 { o " CI CPU B RU k �, �0 ft%� L _ _ 500ft Buffer = Subject Parcel _ DEL. A9NTE ST m FLU Codes: RH: Residential High (15 du/ lac) COM: Commercial RE: Residential Estate (1 dull ac) CPU B:Conservation/Public RS: Residential Suburban (2du/1 ac) MXD: Mi>2d Use Development RU: Residential Urban (5 dull ac) q 9.B.1.c Proposed Future Lam Use w �l ■ U 100 200 �_��� 600 800 N Packet Pg. 290 Mep Pn3pered: Mer:;h 12: 2v1 AR-1 INDRIO Ra r _ _1 500ft Buffer MSubject Parcel River vista FEZ- 120185255 l FLU 1- 120185254 • RS-3 DEL. MONTE ET Zoning Codes: AR-1 ---Agricultural i1 du/1 ac) CG: Commercial General CPUB: Conservation Public 0 Dv- L Institutional IH: Industrial Heavy PIS-2- Residential. Single Family(2 duff ac) R -3. Residential. Single Family(3 duff ac) 9.B.1.c Existing Zoning W.� I: _ E a D _ CU J N L U- `T r O O N 0 m o� E a 0 100 200 400iiii h' Packet Pg. 291 Map Prepared: March 12 AR-1 INDRIO Ra r — — L — —1 500ft Buffer 1= Subject Parcel I. Fiver Vista FEZ- 120185255 / FLU MA- 120185254 Rryl-11 0 x R -'3 R - DEL. MONTE ST DE�p�Ogwi'� L Institutional Zoning Codes: IH: Industrial Heaver -1 AgriCLIltLiral f1 dUi.1 ac: P : Residential, Single Family(2 du/1 ac} CG Commercial General RBr3: Residential, Single Family (3 dufl ac} CPUB Conservation PLiblic RM-11: Residential, Multiple Family i11 duff ac) 9.B.1.c Proposed Zoning W; I1:I 0 100 200 400iiii Packet Pg. 292 Nlap Prepared: March 12 9.B.1.d Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC E HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE a COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE TRANSMITTAL OF THE FUTURE LAND USE MAP AMENDMENT FROM COM TO RH TO THE STATE LAND a c PLANNING AGENCY BECAUSE.... a L 3 [CITE REASON(S) WHY — PLEASE BE SPECIFIC] r MOTION TO DENY: L Qi AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIECb 0 N COUNTY BOARD OF COUNTY COMMISSIONERS DENY TRANSMITTAL OF THE w 0 FUTURE LAND USE MAP AMENDMENT FROM COM TO RH TO THE STATE LAND P PLANNING AGENCY BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Packet Pg. 293 9.B.1.e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 18-OXX FILE NO.: FLUMA-120185254 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 12.56 ACRE (M.O.L.) PARCEL OF LAND OWNED BY B-SMITH ENTERPRISES LP, FROM COM (COMMERCIAL) TO RH (RESIDENTIAL HIGH); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR 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. A petition of B-Smith Enterprises LP to amend the adopted Comprehensive Plan Future Land Use Map for a 12.56 acre (more or less) parcel of land owned by B-Smith Enterprises LP and located at the North East corner of US Highway 1 and Indrio Road, or generally located between 4800 & 4890 North US Highway 1, from COM (Commercial) to RH (Residential High — 15 du/acre) to within St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On July 19, 2018, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for River Vista aka B-Smith Enterprises LP Properties be approved, and 4. On August 7, 2018, the Board of County Commissioners of St. Lucie County, Florida held a transmittal hearing, of which due notice was placed in the St. Lucie News Tribune and authorization was/was not granted to transmit the proposed Future Land Use Map Amendment to the State Department of Economic Opportunity and surrounding jurisdictions; and 5. On, 2018, the Board of County Commissioners of St. Lucie County, Florida held the final public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed adoption of the amendment to be in/not in the best interests of the citizens and residents of the County; and Packet Pg. 294 9.B.1.e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Ordinance No. 18-OXX File No.: FLUMA-120185254 Page 2 6. The proposed amendment to the Future Land Use Map is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan as outlined in the Planning and Zoning Commission staff report dated July 12, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 12.56 acre (more or less) parcel of land owned by B-Smith Enterprises LP and located at the North East corner of US Highway 1 and Indrio Road, or generally located between 4800 & 4890 North US Highway 1, from COM (Commercial) to RH (Residential High — 15 du/acre), as depicted in the attached Exhibit. B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval/denial of this amendment to the adopted Comprehensive Plan Future Land Use Element is/is not internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. 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. E. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. 00 0 N u Packet Pg. 295 9.B.1.e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Ordinance No. 18-OXX File No.: FLUMA-120185254 Page 3 G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Frannie Hutchinson, Chair XXX Linda Bartz, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Anthony Bonna, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ADOPTED this ATTEST Deputy Clerk day of 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Aw Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 9.B.1.e Ordinance No. 18-OXX File No.: FLUMA-120185254 Page 4 Exhibit "A" LEGAL DESCRIPTION & FUTURE LAND USE MAP A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The North 775 feet of the South 800 feet of that part of the Northeast 1 /4 lying between the Old Dixie Highway and U.S .#1. Contains 12.56 acres more or less. Parcel ID No.: 1417-132-0003-000-0 River Vista RZ-120185255 / FLUMA-120185254 Proposed Future Land Use R5 RE - - - - - - - - - r CPUB t I � r com s�S RH z v� 2 a y IN0R10 R❑ p 1 x r m MX ❑ CPUB v RV 1� ' RU Ok DEL M ONT E ST 9E M ON' ST - - L 5E}Oft Buffer FLU Codes: RH:Reslderttia{High(15da11ac) IN 0 101j 200 400 600 S120 COM: Commercial RE: Residential Estate (1 dufl ac) Feet W�E Subject Parcel CPUB: Conservation.Public RS: Residential Suburban (2 dull ac) Ml Mixed Use Development RU: Residential Urban (5 dull ac) Map Prepared. March 12, 2018 S Packet Pg. 297 9.B.1.f L D. Residential Suburban (RS) �'- The Residential Suburban (RS) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This r category is found predominantly along the western edge of the urban form, but is also appropriate for o areas of special environmental concern such as along the North Fork of the St. Lucie River and the N Indian River Lagoon. 0 The RS designation is intended for large lot, single-family detached residential dwellings, at a density of M one to two units per gross acre. These areas are not required to be served with central utilities; a however when at all practical, service connections should be required. E. Residential Urban (RU) The Residential Urban (RU) classification is the predominant residential land use category in the County. This residential land use category provides for a maximum density of five dwelling units per gross acre. The RU designation is generally found between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services. These services may be provided by either a public utility or through private on -site facilities, as would be permitted in accordance with all applicable regulations. New development in the RU areas can occur using traditional single-family or multifamily zoning designations or through the planned unil development process. F. Residential Medium (RM) The Residential Medium (RM) land use category is to be applied to those areas that are within, or planned to be within, areas of central community services. A maximum residential density of nine dwelling units per gross acre is permitted under this land use designation. If required, the actual density is subject to the satisfactory completion of the rezoning process, which would include complete review of the physical suitability of the property for development at the proposed intensity. Medium density residential land uses can act as a transition between the lower intensity RU areas and the more intense land use designations. Zoning applications within the RM land use area include single-family, multifamily, or PD zoning. G. Residential High (RH) Areas designated Residential High (RH) are intended to accommodate high density development, not to exceed 15 dwelling units per gross acre. In order to develop at this intensity, it must be possible to connect into a central water and wastewater service facility, and the subject property must be located in an area of the County which has available all urban services and facilities including fire protection, police, recreation, roadways, and schools. H. Mixed Use Development (MXD) The intent of the Mixed Use Development (MXD) designation is to identify those areas where innovative land use concepts are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all 1-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations. Uses within the areas classified as Mixed Use should be segregated as to intensity and indicated in the form of a concept master plan which is to be included as a part of the land use designation process. The following criteria, in addition to those as cited in Objective 1.1.7, are to be used in the development of Mixed Use areas: St. Lucie County Comprehensive Plan Element 1-18 Future Land Use Packet Pg. 298 9.B.1.f L Unless otherwise compliant with the identified intensity classification, any change in zoning shall be to the Planned Unit Development (PUD), Planned Non -Residential Development (PNRD) or r Planned Mixed Use Development (PMUD), as described in the St. Lucie County Land Development Code. Those properties with compatible existing zoning designations are o encouraged to develop under the PUD, PNRD or PMUD regulations. N 0 Residential development shall be regulated by the intensity district in which it is to take place. In o no case should gross residential density exceed 15 du/ac. as All uses shall be compatible with internal and external adjacent land uses. a I. Special District (SD) The intent of the Special District (SD) designation is to identify those areas where specific uses or combinations of uses are anticipated. These include previously approved Community Development Districts, areas for which a site specific development plan or concept has been granted, or areas which by their location have specific issues and concerns for their development. Residential densities within an area designated as a Special District are limited to what the current land use designation authorizes. Any increase over the present designation may be considered only through the Plan Amendment process. J. Commercial (COM) The Commercial (COM) land use designation is applicable to areas of future commercial development, in addition to those existing developed commercial areas. Future commercial areas should be located at points of high transportation access, with specific action taken to prevent the development of new linear commercial strips. Although this plan supports the location of higher intensity commercial uses at the intersection o1 arterial roadways, it should not be interpreted to mean that every intersection should be designated for commercial activities. Unless otherwise designated on the future land use maps, applications for commercial use should be done in conjunction with a detailed review of the impacts of such development on adjacent property, specifically noting what, if any, negative neighborhood impacts could result. The Commercial (COM) designation is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. Office and general retail uses are considered the principal uses within the COM designated areas. K. Industrial (IND) This land use designation is applied to specific areas of the County identified as suitable for industrial use. This land use designation is intended to be implemented through both the heavy and light industrial zoning districts, with the specific criteria for zoning application as provided for under the policies of the Future Land Use Element. Areas designated for Industrial activities must have available all necessary services and facilities prior to development, supplied by either public or private sources as permitted. In addition, developments proposing to incorporate heavy industrial uses will be required to be adequately buffered from any adjacent use that would be incompatible. L. Public Facilities (P/F) The Public Facilities (P/F) land use designation is applied to properties used for such activities as education and places of worship. This designation may also be applied to other public uses such as jails and administrative buildings. St. Lucie County Comprehensive Plan Element 1-19 Future Land Use Packet Pg. 299 CPUB I RS CPUB CPUB cQM Cn CaM �- dz�� rio Rd Incino--Rd— cDM Pzu a Rt1 ll RIC coM ' [Gig COM CPUB Nigh Specific Use RU Treasure Coast Industrial Park Mixed Use Activity Area Legend SU - Specific Use Area Specific Use areas within this mixed use activity High Intensity area, are restricted in use to the equivalent of the R + C Land Use designation as described Specific Use in the Future Land Use Element unless otherwise amended through the comprehensive Municipal limits plan amendment process. This map was compiled from information drawn N from numerous sources and is provided for reference and informational purposes only. No u 500 1.000A warranties, express or implied, are provided for the accuracy of the data herein, its use, or its Feel interpretation. Indian River Lagoon Source: St- Lucie County Planning & Development Services, 2011 Packet Pg. 300 COUNTY COMMISSIONERS St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982-5632 Hearing Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant B-Smith Enterprises LP 1675 N Military TRL #5 Boca Raton, FL 33486 Agent Dennis Murphy (dmurphy@ct-eng. com) Culpepper & Terpening, Inc. 2980 South 25th Street, Fort Pierce File Numbers FLUMA-120185254 Future Land Use COM (Commercial) Existing Zoning CG (Commercial, General) Proposed Future Land Use RH (Residential High, 15 du/acre) Proposed Zoning RM-11 (Residential, Multiple Family, 11 du/acre) Staff Recommendation Approval Public Hearing Notice Tuesday, August 7, 2018 Proposed Future Land Use Map Amendment Property Location: NE corner Indrio Road and US Highway 1 Proiect Description The applicant is requesting approval to transmit a proposed large-scale amendment to the Future Land Use Map, of the St. Lucie County Com- prehensive Plan, from COM (Commercial) to RH (Residential High— 15 du/ac) for the subject 12.56 acre parcel, highlighted in the exhibit above. The stated purpose of the requested amendment is to develop of a resi- dential community in the future. For further details on this application please contact: Staff Kori Benton Tel 772.462.2518 Email bentonk@stlucieco.org Mail Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 The St. Lucie County Board of County Commissioners has the pow- er to review and grant any applica- tions within their area of responsi- bility. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be con- sidered. Written comments to the Board of County Commission should be received by the Planning and Development Services Depart- ment - Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring accommodations to attend this meet- ing may contact the SLC Communi- ty Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 ob 0 N Date Mailed 7/25/2018 Packet Pg. 301 ST. LUCIE COUNTY BOARD OF COLL&EW COMMISSIONERS PUBLIC HEARING AGENDA August 7, 2018 NOTICE OF PROPOSED LARGE SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE ST IE COUNTY COMPREHENSIVE PLAN The St. Lucie County Board of County Commissioners is scheduled to consider transmittal of a pr Comprehensive Plan Future Land Use Map Amendment, to the State Land Planning Ager corresponding agencies, petitioned by the applicant for adoption by ordinance: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNI FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE M) FOR A 12.56 ACRE (M.O.L.) PARCEL OF LAND OWNED BY B-SMITH ENTERPRISES LP, FRC COM (COMMERCIAL) TO RH (RESIDENTIAL HIGH); PROVIDING FINDINGS; PROVIDM FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING F( APPLICABILITY, PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STAI PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNII PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. APPLICANT: B-Smith Enterprises LP FILE NUMBERS: FLUMA-120185254 PURPOSE: Proposed Future Land Use Map Amendment from Commercial (COM) to Residential High LOCATION(S): NE corner of US 1 and Indrio Road, or generally located between 4800 & 4890 N Highway 1. FLU Mh-1201 B12bi The Board of County Commissioner PUBLIC HEARING on this item will be held in the Commission Ch Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, For Florida on Tuesday. August 7. 2018 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in ad% the public hearing will also be considered. Written comments to the Board of County Commissione be received by the Planning and Development Services Department - Planning Division at least 3 do to the scheduled hearing. The petition file is available for review at the Planning and Development 1 Department — Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, durinc business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require a( information about this petition. The St. Lucie County Board of County Commissioners has the power to review and grant any applicatior their area of responsibility. The proceedings of the Board of County Commissioner are electronically recorded. PURSUANT TO SI 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Commissioner with respect to any matter considered at a meeting or hearing, he or she will need a r, the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proc is made, which record includes the testimony and evidence upon which the appeal is to be based. L request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any par proceeding will be granted an opportunity to cross-examine any individual testifying during a hearh request. If it becomes necessary, a public hearing may be continued to a date certain. 7A W i ow Q O SZ to V rs, ;e, O Z V of j1d O for (_ es lar ial m C; iin r C d E )N V ity tC of .+ +-� gs Q he he on Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie ity Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ FRANNIE HUTCHINSON, CHAIR Packet Pg. 302 PUBLISH DATE: July 27, 2018 TR-2074767 9.B.1.i ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment Submittal Type [check each that appliesl Site Plan 0 Major Site Plan Minor Site Plan Major Adjustment to Major Site Plan Major Adjustment to Minor Site Plan Major Adjustment to PUD/PNRD/PMUD Minor Adjustment to Major Site Plan Minor Adjustment to Minor Site Plan 0 Minor Adjustment to PUD/PNRD/PMUD Planned Development 0 Planned Town or Village (PTV) 0 Planned Country Subdivision (PCS) 0 Planned Retail Workplace (PRW) 0 Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) Prelim. Planned Non -Res. Develop. (PNRD) Final Planned Unit Develop. (PUD) Final Planned Mixed Use Develop. (PMUD) Final Planned Non -Res. Develop. (PNRD) Conditional Use m 0 Conditional Use 0 Major Adjustment to a Conditional Use 0 Minor Adjustment to a Conditional Use Variance (2) 0 Administrative Variance 0 Variance Variance to Coastal Setback Line Rezoning (3) 0 Rezoning (straight rezoning) 0 Rezoning (includes PUD/PNRD/PMUD) 0 Rezoning with Plan Amendment Comarehensive Plan Amendment (4) Future Land Use Map Change 0 Comprehensive Plan Text Amendment Other 0 Administrative Relief 0 Class A Mobile Home (5) 0 Developer Agreement (Submit per LDC 11.08.03) 0 Power Generation Plants 0 Extension to Development Order 0 Historical Designation/Change (6) 0 Land Development Code Text Amendment (7) 0 Plat 0 Post Development Order Change 0 Re -Submittal # (s) 0 Shoreline Variance 0 Stewardships — Sending/Receiving 0 Telecom Tower (Submit per LDC 7.10.23) 0 Transfer of Development Rights 0 Waiver to LDC/Comp. Plan Requirements (s) 0 Appeal of Decision by Administrative Official (1o) Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 9. Appeal of Decision by Administrative Official 2. Variance 7. LDC Text Amendment 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 10. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan Requirements 5. Class A Mobile Home Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Packet Pg. 303 9.B.1.i FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Future Land Use Map Amendment Supplemental Application Package No.: 4 (Please provide separate fee calculation worksheet for each application type) ® BASE REVIEW FEE: $ 2,000 (A) ® CONCURRENCY FEE: $ 400 (B) ® ERD REVIEW FEE: $ 150 (C) ® UTILITIES: $ 50 ® PER ACREAGE CHARGE: ($201 acre) $ 251 (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: ® PRE -APPLICATION MEETING FEE: (F) $ ( 0) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 2,851 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY— Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (if Applicable) I Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". I Other fees may be applicable by other external reviewing agencies; ie. Fire Di ri t and ro of payment will be required prior to project approval. Pre -Application Meeting Request B-Smith Enterprises, LP Applicant Name Printed Sin e of A licant (For office use only) INTAKE REVIEWER -SIGNATURE DATE VERIFIED BY- SIGNATURE DATE File #: Receipt #: Targeted Industry: Page 2of6 Revised May 15, 2016 Page 2 Packet Pg. 304 9.B.1.i B-Smith Enterprises, L.P. Chase sank N.A 1378 C/o CBlZ De:emare, OH 4XIS 1675 N. Military Trail, Fifth Floor 25-80f"o DATE 1/10/2018 Boca Raton, FL 33486 PAY AnnouNr 2,851-00 °nL MEMO: Future Land Use Map Amendment - Y Par Two Thousand Eight Hundred Fifty One and 001100 Dollars E TO THE St- Lucie County ORDER Planning & Development Sacs Dept OF Planning Division 2300 Virginia Avenue Ft- Pierce. FL 34982 11,00 i 3 7811' 1:044 1 1 55 1 0:4 200006 39 2 2911' ---' BSmith Enterprises, L.P. 1378 NAME St. Lucie County CHECK DATE- 111012018 Date Type Reference Original Amt. Balance Due Discount Payment 1/10=18 Bill Sec 17 2,851,00 2,851.00 2,851-00 Check Amount 2.851.00 Morgan Stanley-359 Future Land Use Map Amendment 2.851.00 Packet Pg. 305 9.B.1.i Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ® Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) Aerial Photograph — property outlined Property Deed Legal description, in MS Word format, of subject property ® Property Tax Map — property outlined Survey 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or, 0 Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: 0 Site Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled) 0 Boundary Survey — Signed and Sealed (12 originals) 0 Topographic Survey — Signed and Sealed (12 originals) 0 Landscape Plan — Signed and Sealed (12 originals) 0 Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) 0 Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: 0 Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) 0 Updated Traffic Analysis if applicable (4 copies) 0 Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: Main Application and back up material Approved Site Plan and copy of approved Development Order 0 Plat - Include extra copies of Plat for applicable conditions of approval (3 OriginalMylars weeded for recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised May 15, 2016 FIA O Packet Pg. 306 9.B.1.i Project Information: Project Name: River Vista (a/k/a Wolf Parcel) — Change in Future Land Use Site Address: n/a -- Northeast corner of the intersection of Indrio Rd & North US #1 Parcel ID Number(s): 1417-132-0003-000-0 xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x xxxx-xxx-xxxx-xxx/x Legal Description: (Attach additional sheets if necessary— also must be provided in MS Word format on CD) The North 775 feet of the South 800 feet of that part of the Northeast 1/4 lying between the Old Dixie Highway and U.S.#1, in Section 17, township 34 South, Range 40 East, St. Lucie County Florida. Contains 12.56 acres more or less. Property Location — Section/Township/Range Property Size — Acres: 12.56 Future Land Use Designation: Zoning District: Description of Project: Sec 17/ Township 34S/ Range 40E Square Footage: COM (existing) RH (proposed) 547,114 CG (existing) RM-15 (proposed) Petitioner proposed to change the Future Land Use Classification on the subject property from COM (Commercial) to RH (Residential High), for the purpose of developing a residential community (future). ■ E 0 Commercial Total Square Footage: Existing 0 Industrial Total Square Footage: Existing ® Residential No. of Residential Units Existing No. of Subdivided Lots Existing 0 Other Specify Number and size of out parcels (if applicable) Proposed Proposed 0 Proposed 188 Proposed r Q Page 4 of 6 Revised May 15, 2016 Packet Pg. 307 9.B.1.i SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLDGMENTS Applicant Information {Property developer}: Applicant Information (Agent): Business Name: B-Smith Enterprises, LP Business Name: Culpepper & Terpening, Inc Name: c/o CBIZ Name; Attn: S. Matthes 1675 No. Military Trail, 5s' Floor 2980 South 2511 Street Address !please use an Address (please use an address that can accept Boca Raton, Florida 33486 address that can accept Ft. Pierce, Florida 34981 overnight packages) overnight packages] Phone: Phone: 772-464-3537 Fax: Fax: 722-464-9497 E-Mail: E-Mail: smatthes dct-enc.com Please note: both applicant and agent will receive all official correspondence on this project PROPERTY OWNER INFORMATION This application and any application supplement will not be considered complete without the notarized signature of all.proarty owners of record, which shall serve as an acknowledgment of the submittal of this applicatio for proval. The property owner's signature below shall also serve as authorization for the above applic t or ge ct on behalf of said property owner. B-Smith Enterprises, LP raper w Signature Property Owner Name [Printed] Mailing Address: 1675 No. Military Trail, 51h Floor Phone: Boca Raton, Florida 33486 If more than one owner, please submit additional pages STATE OF: L a� 1 A/ - COUNTY OF: The foregoing instrument 2014, by & known to me or who has Page 5 of 6 Revised May 15, 2016 before me this 1 r day of .. who is perms as identification. k zd_4 ' Type or Print Name of Notary Notary Public - Stated Florida commission 1 GG 099980 My Comm,Expires May 1,2021 Commission Number (Seal) Page 5 O Packet Pg. 308 9.B.1.i SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority- St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLDGMENTS Applicant Information (Property Developer): Business Name: B-Smith Enterprises, LP Name: clo CBIZ Applicant Information (Agent): Business Name: Name: 1675 No. Military Trail, 51h Floor Address (please use an Baca Raton, Florida 33486 Address (please use an address that can accept address that can accept overnight packages] overnight packages) Phone: Fax: E-Ma4: Phone: Fax: E-Mail: Culpepper & Terpening, Inc Attn: S. Matthes 2980 South 251h Street Ft. Pierce, Florida 34981 772-464-3537 722-464-9497 smatthes ct-en .corn Please note: both applicant and agent will receive all offlcIal correspondence on this project. PROPERTY OWNER INFORMATION This application and any application supplement will not be considered complete without the notarizedUP > signature of all property owners of record, which shall serve as an acknowledgment of the submittal of it this application for approval. The property owner's signature below shall also serve as authorization for the aboyg,_ pant oyag"to act on behalf of said property owner- r _ _—�-- Scott B. Siemens N Property Owner Signature Property Uwner !Jame (Printed) T Mailing Address: 1675 No. Military Trail, 5"' Floor Phone: Boca Raton, Florida 33486 m If more than one owner, please submit additional pages rUC STATE OF: Flo f da COUNTY OF: _ &m &Po _ �f' I,, ! The foregoing instrument was acknowledged before me this f lIA day of f u ar 2010, by Stf 51'er er35 <iho Is pe o nown ❑ r who has produced as identification. igna K, of Notary -- sl),?b_ f Ile _ Type Jr Pfi nt Name of Notary Commission Number {Seal) Page 6 of 6 SOPHY ELIE R * Commiasiorr • [3[3 .4 'S18 Revised May 15, 2016 My Commission Expires Novernber 15, 202D Page S Packet Pg. 309 9.B.1.i Agent Authorization October 19 , 2017 To Whom It May Concern: This letter authorizes Scott B. Siemens to act as Agent for: B-Smith Fnterprises, L.P. to manage and sign all necessary Contracts, Forms, Applications and Agreements, related to the management of the parcels, including, Land Use, Rezoning, Permitting and County, City and State applications required to advance the Land Use, Rezoning and Permitting of Parcel #1417-132-0003-000-0 in St. Lucie County Florida. BY:._. -._._... B-Smith Enterprises, L.P. DATE: %D A51111 7 STATE OF rF. 6 P, r PA COUNTY OF ) f Cy The foregoing instrument was acknowledged before me this /9day of�2017 By Z L141 , who is personally known to me or who has produced a driver's license for identification and who did not take an oath. (SEAL) •,,E U5AR.SUPPA Notary Pak -Rate of Florida cjommjss;ani 000AB960 o, My Comm. Expires Iola)' 1, 2021 r� NOTARY ATURE DATE My Commission Expires on: 5-1-2-1 T r ob 0 N Packet Pg. 310 9.B.1.i SUPPLEMENT #4 Comprehensive Plan Amendments Future Land Use Map Change and Text Amendments Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details SPECIAL NOTE: Under the provisions of the LDC, a petition for change in land use is considered to be a PRELIMINARY DEVELOPMENT ORDER. Under the definition of Preliminary Development Order, and consistent with the County's concurrency regulations, St. Lucie County neither warrants nor represents that there are sufficient public facilities or services available to serve the property on which the change in land use is sought. Further, pursuant to Section 5.08.01(B)(2) of the Code, a Certificate of Capacity Exemption must accompany all applications for land use changes that acknowledge that no public facility capacity will be reserved for the subject property. A determination of public facilities capacity is required prior to the issuance of a Final Development Order. A Final Development Order cannot be issued until capacity is available. Check One: Future Land Use Amendment Comprehensive Plan Text Amendment Please provide a written description of the proposed development including statements about: 1. The total area of the proposed development; the type of residential or non-residential development proposed; the number of residential units and the square footage of non- residential development: The petition site is a 12.5 acre tract of land located at the northeast corner of the intersection of Indro Road and North US #1, north of Ft. Pierce. The petition site is currently classified for commercial use. There is no development existing on the petition property. Should the requested change in land use be approved, the maximum number of potential units that could be erected on this site (subject to site plan review) would be 188. 2. The tentative construction schedule for the proposed development, including, if applicable, a tentative schedule for phasing construction: No construction/development is yet available. Packet Pg. 311 SUPPLEMENT #4 9.B.1.i 3. A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County: See below. Parcel Acres Amendment Acres Existing Future Land Use Proposed Future Land Use Existing Zoning Proposed Zoning Are any other applications being submitted concurrent with this application 12.56 12.56 COM (Commercial) RH (Residential High) CG (Commercial General) RM-15 (Residential High — 15 Du/Ac) yes xxxxx no 4. Please indicate the type of any concurrent application(s) being submitted: An application for change in zoning 5. Describe the existing improvements and structures on the amendment lands: None. The site is vacant. 6. Proposed use of amendment lands: Packet Pg. 312 SUPPLEMENT #4 9.B.1.i Petitioner proposed to change the existing zoning designation on the subject property from CG (Commercial General) to RM-15 (Residential Medium — 15 du/ac), for the purpose of developing a residential community (future). 7. Reason for making this request Petitioner proposed to change the existing zoning designation on the subject property from CG (Commercial General) to RM-15 (Residential Medium — 15 du/ac), for the purpose of developing a residential community (future). B-Smith Enterprises, LP Applicant or Agent Name jPrinted) [ go to next page ] O Packet Pg. 313 9.B.1.i SUPPLEMENT #4 Required Documentation On a separate sheet provide the following information. Your responses should be thorough and supported by references to specific sections of the Comprehensive Plan that are applicable to the proposed future land use amendment. Please provide documentation to support your responses and complete the attached worksheets. 1. A general statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan. The proposed change in Future Land Use, from Commercial to Residential, is consistent with the overall intent to the County's Comprehensive Plan that encourages new development to be based upon smart growth, energy - efficient land use patterns and discouraging the proliferation of urban sprawl. Reclassifying the petition property from Commercial to Residential would support the concept of concentrating higher development intensities along the US #1 corridor, which makes the provision of urban services more practical to the site (refer to Objective 1.1.4 and 1.1.5). The subject site will be served with water and sewer services from/through St. Lucie County and there is sufficient roadway capacity in the local area roadway network to support development of this site. 2. A statement describing how the proposed future land use designation is compatible with the future land use designation(s) and existing land uses surrounding the amendment lands? The proposed change in Future Land Use from Commercial to Residential, is consistent with the overall intent to the County's Comprehensive Plan that encourages new development to be based upon smart growth, energy - efficient land use patterns and discouraging the proliferation of urban sprawl. Reclassifying the petition property from Commercial to Residential, would support the concept of concentrating higher development intensities along the US #1 corridor, which makes the provision of urban services more practical to the site (refer to Objective 1.1.4 and 1.1.5). The subject site will be served with water and sewer services from/through St. Lucie County and there is sufficient roadway capacity in the local area roadway network to support development of this site. The addition of a residential use option at a key North County intersection (US #1 & Indrio Road) provides an opportunity for a greater mix of land uses and activities at this location, taking into consideration the difficulties that different parcel ownership , that limit a singular development activity (entity), from making effective use of the available lands in the area. 3. In accordance with Future Land Use Policy 1.1.5.3 provide the following information: a. Identify future land use designations and existing land uses within % mile of the subject property that have the same or greater type of proposed future land use designation. Refer to attached map Maps D1 and E1. b. Is the property under the land use amendment application within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4. Yes. The property is located within the Five Year Capital Improvement Program of the Water and Packet Pg. 314 9.B.1.i SUPPLEMENT #4 Wastewater Master Plan for St. Lucie County, where the County is currently (December 2017) seeking construction bids of new water and sewer services to this area of the County. 4. Provide a statement describing any conditions affecting the area of the amendment lands that have changed since the most recent adoption of the Comprehensive Plan. Describe any changes in development patterns, utility availability, and public service capacity. Provide the data and analysis supporting your conclusions. For over 30 years, since the adoption of the County's first Comprehensive Plan in the early 1980's, land development activity in the North US #1 corridor from Ft. Pierce to the Indian River County line, has been limited due to both market demand and physiographic features. Land use limitations in this area have in part been a result of the local topographic conditions; the absence of central water and sewer utilities along the corridor; the lack of development interest on the properties lying east of North US 41, the limitations on overall development opportunity (density) in the areas west of North US41 due to wetland impacts from the North Savannas ecosystem, and the potential impacts of the Treasure Coast International Airport. Following the Great Recession of the late 2000's/early 2010's, there has been an increased interest in private property owners exploring the possibility of new development opportunities along this corridor. However, the primary limiting factor has remained the inability to have water and sewer services available to the area. Central water and sewer services are considered to be a critical factor in any development in this part of the community due to the proximity of the corridor to the Indian River lagoon and the North Savannas ecosystem. With the pending availability of central water/ sewer services, new development opportunities are now being more seriously considered. 5. Provide a statement describing why there is a need for the proposed Future Land Use Map Amendment and how the amendment will result in an orderly and logical development pattern. The proposed change in Future Land Use from Commercial to Residential recognizes that, from a holistic view, the North US #1 Corridor can be looked at as being potentially 'over designated' for commercial land uses, with little surrounding residential density. It is that surrounding density that would typically be looked at as supporting that type of development. Re -designating this property to a residential land use will allow for a greater mix of uses in the area, which can then provide the necessary synergies to support an effective mix of land use activities. 6. If a change to Industrial Land Use is proposed, explain how the proposal meets Future Land Use Policy 1.1.11.2 or Policy 1.1.11.3 of the Comprehensive Plan. N/A 7. Provide a traffic report of the potential impacts to the County's transportation system brought about by the proposed land use change. The report must include existing, background, committed trips, and the projected traffic volumes and the level of service for all affected roadways. Projected traffic volumes must be based on the highest density/intensity allowed under the requested future land use designation. A detailed traffic report assessing this requested change in Future Land Use has not been prepared, since as Packet Pg. 315 9.B.1.i SUPPLEMENT #4 outlined below, the requested change in Future Land Use represents an approximate 75% reduction in the estimated trip generation (AADT) for the petitioned property, based on its Current Land Use classification. This gross trip reduction is summarized as follows: Gross Site Area Existing Land Use Projected Land Cover (By Building) trips (ite rate code 820) trip rate/ 1000 sf aadt Maximum Residential trips (ite rate code 320) trip rate/ unit aadt difference between COM and RH land use 12.5 acres COM (Commercial) 23% or, 125,000 sq feet (based on rate of 10,000 sf/acre) 42.94/ 1000 sq ft 5,367 trips 188 units 5.86 1,102 trips 4,265 trips Based on the above, it may reasonably be inferred that the proposed change in Future Land Use from COM (Commercial) to RH (Residential High) will not have a negative effect on any local roadway in the project area. This Future Land Use change results in a 'reduction' of 4,265 potential trips on the area roadway network. 8. Describe the drainage characteristics of the area and what effects the proposed land use amendment would have on the volume and quality of stormwater runoff? Identify the property's flood zone classification? The property is located on the east slopes of the Atlantic Coastal Ridge (a/k/a the sand ridge) that runs the length of St. Lucie County. Elevations on the property run from approximately +40 along the sites western property line to approximately +15, along the sites eastern property line. The site slopes consistently from west to east. Being on the Atlantic Coastal Ridge (a/k/a the sand ridge), the soils in this area exhibit a high degree of permeability and there are expected to be little, if any, drainage issues associated with this property. Site grading will be done in manner that minimizes erosion risks. The petition property is located in Flood Zone X, according to FEMA Map Panel 12111C0088J (February 16, 2012). 9. What are the potential environmental impacts of the requested amendment? Describe the natural resources occurring on and adjacent to the amendment lands. Identify any protected species that are known to occur and estimate the acres of wetlands and native upland habitats on the amendment lands. Identify Category I, II, or III Wetlands as described in Policy 8.1.14.1. The petition property is not a part of any identified area for potential environmental lands acquisition program or project. There are no known Category I, II, or III Wetlands as described in Policy 8.1.14.1, on the petition site. The petition property will be subject to the preparation of a complete environmental assessment report (based on gross acres of parcel size) as part of any final development application proposal. Packet Pg. 316 SUPPLEMENT #4 9.B.1.i 10. Provide a potable water impact and capacity analysis and documentation that demonstrate adequate water supply facilities and service will be available concurrent with the impact of development. Provide correspondence from the service provider verifying their ability to serve the proposed development. (See attached worksheet) Refer to attached request that has been submitted to the St. Lucie County Utilities Department. Upon the return of the required worksheet, we will amend our submission to include the provided information. 11. Provide a projection of the average daily volumes of solid waste that would be generated if the land use(s) change. Based on the adopted level of service standards, the following table summarizes the expected waste generation from this site (note: the County does not assess a LOS standard for non-residential waste generation) Max Number * pop. Per Unit = Gross Pop waste/ Of Units Person 188 2.5 = 470 5.1 = 2397 Ibs 1.1985 tons 12. What demands for recreational facilities will be created by development as a result of the land use change? If you are requesting a residential classification, identify the recreational facilities and open spaces that are available in the vicinity? Recreational LOS impacts Max No. Of Units * Pop/ Per Unit = Gross Pop Pop/1000 188 2.5 470 0.47 Ratio/ 1000 Project Pop (Per 1000) Additional Acreage Need community 5 0.47 2.4 acres regional 2.5 0.47 1.2 acres resource 21.2 0.47 10.0 acres Refer to attached Map A-1 for an identification of area recreational resources/facilities. 13. Indicate the location of any archaeological or historic resources that are known to occur on or near the amendment lands. Describe potential impacts to these resources as a result of the proposed amendment. Provide a copy of any available archaeological or historic assessment. N/A 14. Is the property currently within the Planned Urban Service Area Boundary? Yes Packet Pg. 317 9.B.1.i SUPPLEMENT #4 15. If you answered "no" to Question 14 above, will the property be used for "urban development activities" as defined in Future Land Use Policy 1.1.5.1? Check which urban development activities apply: Residential development in excess of two units to the gross acre. Any non-agricultural commercial activity. Any non -extractive, non -agriculturally related industrial activity. N/A 16. If any item in Question 15 above is checked, the property must lie outside the Planned Urban Service Area. If an expansion of the Urban Service Area boundary line is proposed, please refer to Future Land Use Policy 1.1.5.1 and answer the following questions: a. What is the distance between the property and the Urban Service Area Boundary? b. Is the subject property contiguous to lands with the requested future land use designation? C. Can the owners of contiguous properties between your property and the present Urban Services Area Boundary ensure appropriate urban infrastructure and services can be provided? If so, please provide documentation. d. To what extent will the proposed expansion detrimentally impact the established character of the area? N/A 17. If changing from an agricultural category (AG-5 and AG-2.5) to a non-agricultural category (all others), please answer the following questions. a. How will the non-agricultural use(s) maintain the viability of continued agricultural uses on adjacent lands? How will any adjacent agricultural uses affect the proposed non-agricultural uses? b. Using the St. Lucie County Soil Survey, provide documentation of the soil type(s) found on the subject parcel and their suitability for the proposed use. Indicate their suitability as defined by the soil survey. C. Describe the existing land characteristics and how the proposed land use is suitable with those characteristics? d. Does the proposed land use amendment propose the extension of the urban services boundary in a manner that creates any enclaves, pockets, or finger areas? e. Describe why the non-agricultural uses could not be feasibly located on non-agricultural land. N/A Packet Pg. 318 SUPPLEMENT #4 9.B.1.i 18. Provide a copy of all existing federal, state, regional or local permits or plans related to the property (i.e. SFWMD permits, USDA Conservation Plans, documents related to the lands present or past enrollment in any federal, state or local program). N/A 19. Indicate if the area under consideration is located within a unique area with common characteristics, such as the Indrio Road corridor and White City. If so, indicate how the proposed change in future land use is consistent with the character of the area and any neighborhood plan or special planning project for the amendment area. N/A 20. Identify any local government within one mile of the amendment lands. If any, provide a copy of the proposed application documents to the appropriate government official. Indicate the name and address of the official for which the application documents were provided. St. Lucie Village is approximately one (1) mile to the southeast. A copy of this application for land use change has been sent to the Mayor of St. Lucie Village. 21. St. Lucie County reserves the right to request additional information. Acknowledged. Packet Pg. 319 9.B.1.i SUPPLEMENT #4 SUPPLEMENT #4 APPLICANT ACKNOWLEDGEMENTS (Owner's Sienature Must be Notarized) I CERTIFY THAT: (CHECK ONE) 1 (We) do hereby certify that I (we) own in fee simple the above described property for which a change in Future Land Use is requested. J� I (We) are not the owner of the above described property; however, the owners signature u below authorizes the applicants the authority to act as agent for the owner(s) of record. Applicant's Signature Date Address J Fax: Email Address: y L Note: The individual listed on the main application will be the County's single contact for all correspondence and other communication related to this application. u_ Fc PROPERTY OWNER INFORMATION L This application and any application supplement will not be considered complete without the > notarized signature of all property owners of record, which shall serve as an acknowledgment of the uh ittal of th's application for approval. The property owner's signature below shall also r ser e a authorita on for the above applicant or agent to act on behalf of said property owner,00 r O N B-Smith Enterprises, LP p ropert caner Signature Property Owner Name (Printed) O m Mailing 1675 No. Military Trail, 51" Floor Phone: Y Boca Raton, Florida 33488 If more than one owner, please submit additional pages STATE OF:f-�[J COUNTY OF: The foregoing instrumen was ack wledged before me this � day of 2019 by 7 L 71 c7�17� who is pe orally k t e or who has pro�,dlluced as identification. d •� Signature of Nplary ' Tvo6 or Print Name of Notary Commission Number (Seal) LISA R. SUPPA NotaryPublk_StateoFFlerlda Commiss�a� A GG 00AD •.. ar f My Comm, B&pwes M@Y ], 2021 Page 17 Packet Pg. 320 SUPPLEMENT #4 9.B.1.i CULPEPPER & TERPENING, INC. CONSULTING ENGINEERS i LAND SURVEYORS January 15, 2018 Project Number: 17-010 Writers a -Mail: dmurnhv(@rt-en e. com Mr. Ron Roberts, Public Utilities Director St. Lucie County Utilities Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Subject: Utility Service Verification Dear Mr. Roberts: Per the direction of your office, please allow this letter to serve as `service availability' request for our pending application for a Change in Future Land Use Classification from Commercial to Residential for certain property located at the intersection of North US #1 and Indrio Road (see attached map). As part of this application process, the County's Planning Department requires that we obtain a general statement from the local utility provider that there is service available to the site or that service can be made available to the site. In lieu of the specific form included in that application packet, we have been advised that all we need to do is submit this short form letter request. The following table summarizes the "before" and "after" expectations of this property based on the sites current and proposed future land use classifications. gross site area 12.5 acres existing land use coM projected land cover 23% 125,000 sq feet proposed reside ntlaI @ 15 du]ac 188 units As you know, a Comprehensive Plan Amendment is considered to be a Preliminary Development Order. A Preliminary Development Order, as defined under the County's Comprehensive Plan does not need to demonstrate contracted service availability. At this time we are not looking to enter into a specific utility service agreement with the County since we do not have a specific end user/developer set for the property at this time. As a Preliminary Development Order, we will defer any request for a Certificate of Capacity until we are ready to submit our final development (site plan) application. Thank you for your attention to this matter. If you have any questions, please let me know. Sincerely: t �' v-t Denni 1. Murphy Principal Planner s' _djmldlm - muc 4iu\+7017%17-010 v t - r"r rota Ifka —11 y.-11 flu and +exanx�l7-010_370105_sk ulililr, 001, re6en s, —1w—IIabil"Aacx A LEGACY OF EXPERTISE AND EXCELLENCE 2a80 SOUTH 25TH STREET I FT- PIERCE, FL 34991 1 (772) 464.3537 1 FAX; [712] 464.9497 Packet Pg. 321 9.B.1.i SUPPLEMENT #4 0 Indrio, Scru b µ`, DJ Preserve RIVI DJ Wilcox Preserve ry Indrio Q Savannahs$`� Preserve M INDRO ROAD y 9 DEL MIJ PR E DEL MUNDD I % DEL MUNDO WOLF PARCEL -CHANGE IN LAND USE Petition Parcel Municipalities = St Luc Ie Village MAP A-2 VICINITY MAP (CLOSE) Q Packet Pg. 322 SUPPLEMENT #4 9.B.1.i St. Lucie County Potable Water Availability Worksheet This wo heet is provided to assist applicants in submitting comprehensive plan amendments that provide the potab water analysis required to determine the availability of potable water resources to serve the proposed de lopment. The South Florida Water Management District and local utility company contacts are attached. 1. General In ation Date Phone Potable Water Supplier Contact Name E-Mail 2. Infrastructure Information Water Treatment Plant Permit Number Permitting Agency Permitted capacity of water treatment plan ): million gallons a day (mgd) Are distribution lines available to serve the pro rt ? Yes No If not, indicate if, how and when the lines will be OVvid 3. Water Management District Consumptive Use Permit CUP Number Total CUP duration (years): CUP allocation in last year of permit Current Status of CUP: 0 In compliance Reserved capacity 4. Consumptive Use Analysis Expira n Date: 0 Not In compliance A. Current Year CUP allocation B. Consumption in the previous calendar year: C. Reserved capacity or growth projection D. Projected consumption by proposed comprehensive plan amendment areas E. Amount available for all other future uses (A-B-C-D =E): If the amt. in E is '0' or a negative number, explain how potable water will be made available for future Packet Pg. 323 9.B.1.i SUPPLEMENT #4 St. Lucie County School Impact Worksheet This worksheet is required to be submitted as part of an application for changes to the Future Land Use Map or Zoning Map that will increase the maximum residential densities allowed on the property. The worksheet is also required for all Site Plan applications proposing residential development. The purpose of the worksheet is to assist the County and the School District in planning for future public school facility needs. Project Information: Date: 01/02/18 1 Property owner(s) 2 Property ID Number(s) 3 Project Name: 4 Former Project Name(s) (if any) 5 Total Project acres: B-Smith Enterprises, LP 1417-132-0003-000-0 River Vista (a/k/a Wolf Parcel) — Change in Future Land Use a 12.5 6 Is build -out expected within 5 years: Yes 0 No xx 7 The project number and type of residential dwelling units at build- 188 out: Unit Type Number of Units Typical Floor Area (sq. ft.) Estimated Unit Price Per Unit Number Restricted to Single -Family Detached Duplex Multi -Family Dwellings Townhouse Dwellings Zero Lot Line Dwellings Other (t/b/d) 188 t/b/d t/b/d t/b/d School Board of St. Lucie County Contact Information: Marty Sanders 327 NW Commerce Park Drive Port St. Lucie, FL 34986 772-340-4816 sandersm@stlucie.kl2.fl.us Packet Pg. 324 9.B.1.i LJI Preserve Harbor Branch Pres rve U I- Branch Preserve T€ ° (NDIAN RIVER Indrio ' LAGOON Scrub DJ Wilcox Preserve Riverside r � iu ca z � O DJ Wilcox Preserve Indrio p Savannahs Preserve INDRIO ROAD G 70 N X EEL ALTO TREASURE COAST INTERNATIONAL AIRPORT & BUSINESS PARK RNFER PRA �E V11DLF PARCEL -CHANGE IN LAND USE MAP A -'I ZL Petition Parcel � - )A INITY MAP (WIDE) Municipalities 51_ Lucie Village 1 in - 1,aGQ ft (7 w r a Packet Pg. 325 9.B.1.i Indri scrub Preserve Ili v 1 - J Wilcox Preserve nd rio Savannahs' G Preserve F-1 Pi �I I N N I O ROAD 4 0 DAL Nda DEL N WOLF PARCEL -CHANGE IN LAND USE N MAPA-2 VICINITY MAP ZL Petition Parcel (CLOSE) Municipalities 5t_ Lucie Village 1 in - 5QQ ft E E a CL J N L N w T ob T 0 N C 0 d R V c0 a c 0 0 a Q m 0j r C d E t U m r a Packet Pg. 326 9.B.1.i • In rid Scru Preserve ': OJ Ri DJ Wilcox Preserve 1 4 Indrio' SavT anni hs Preserve IN RI 6 RDAD 06 , f k l pEL IIp Nf E r P DEL' Mll hl DO DE L MU N 60 # r'r 06 V11DLF PARCEL -CHANGE IN LAND USE MAP B-1 Petition Parcel �, AERIAL MAP (CLOSE) S Luirrrr--�s...._arexin.. , 1 In=5QQtt � (7 T T ob 0 N Packet Pg. 327 9.B.1.i 141.T-I114GJ4:•GGs 141 •-1'2?-002-000-2 141 T-211-0002-0005 id1.T-122-0001-0OOd 0 1 17-211 ti•GG6tiGG-� Indno 14 417-z11 x4�rr R4A4 7d76-722-00{IU�UU-2 oo� 4.i-044-0 Preserve J�1l17 -21 # h -i 1417 1 4 1417-122-0003 -000 -9 � 1417-122-0004 -000 #> 1417 -213 -0000 -0004 1417 -123 -0001 -0.00-9 Dj Wilco MPM 1417- 4 a -044-4 Preserve 1417-414 44S 4-1 1417-123-0042-044-0 ED 1417-241-0001-000-1 1d1T-131-0002-000 0 f 51-0001-000-3 00-1 1417-241-0 00-3 1417- -0001-00I),-6 D 1416-222-00W-000- 17-434-0001-00(Q .7 0M � 1417-132-000 Indrio,ILS a avannahs o 1417-133-0 5+ - r+ I , V Preserve o 1417- 33-000 1416-2n-O&M-000-3 IN DRIO ROAD 14 01 7400- 111&6 1 141 17-00" 141 0141 4 1411 1-009 *'.1� 141" 8 141 118-000-5 b7' p..141f. 1-m f 141 -012 0 b ter' 141 1-009 $ o p1 1416-0 2 141 1-012 3 S p 141 -M2 141 1224XWG 1416-0 9 1417-300-0000-000-4 r�F1-hCk , 141i 1 141 C-041-0453 44 141 C 1 i5-0 4-1 141ii41 -14 141C-041 4 4 141C 41 -447i 4 141C-041 4 4-4 1416i0 4 4 141 141C 1 11 4-0 141Ci 1 141Cfi4 -44 44-@ 1414 41-4477 4 1416 41-@ -444-0 141 4 14 DEL-MUNDO DEL MUNDD N WOLF PARCEL -CHANGE IN LAND USE MAP C-1 Petition Parcel W F, PARCEL ID MAP S (7 F9 in-5QQft I w T r Ob 0 N C O d V a C O fJ Q. a m Oj r C d E t u 2 a+ a Packet Pg. 328 9.B.1.i CG RS- cG PU CPUB AR-1 1 CG CPUB r_G R -3-3 �0 DEL!' -NO HT E R -3 3, CPUB 7 DE L MU h160 DEL MU R 110 — Pi RF R3 - V11DLF PARCEL -CHANGE IN LAND USE MAP D-'I Petition Parcel Legend E AREA ZONING MAP 201T m WC -CPUB (EXISTING)Zoning Zoned 0 RE-2 - I �u�rrrr�r 5 r_arexmc x= - C? � RS-2 - IH AR-- � W RS3 1 In = 5QQ tt w T T 1 ob N C 0 d i� V a c 0 a Q T m 0j c as E m u 2 r a Packet Pg. 329 9.B.1.i U CPU B U CPUB R5 RE CPUB RE 1 RE CPUB CPUB iMI D RU O� Mxo u RU . o DEL- hD hiT E RU RU CPUB RU G U RU X D 74 DEL MUh1D4 DEL MLJKDO Ric RU RU WOLF PARCEL -CHANGE IN LAND USE N MAP E-1 Petition Parcel W F, FUTURE LAND USE ` MA P Future Land Use 2017 CPua 0 RU u_rrrrQ 5 r_arexinc x= FLU Cade MXD RE -core 0 RS 0 Ric 1 in = 5UU ft E E a CL c c� J N L LL m N w T T 1 Ob N C o_ a� c� a 0 v Q a Q T m Oi c d E t U 2 r a Packet Pg. 330 A 0 Indrio Scrub Preserve 0 .J, -MDNlr , E DEL MUNDO— WOLF PARCEL -CHANGE IN LAND USE Petition Parcel WETLAND TYPE E stus rin e a nd M arine Wetland Fresh water P Dnd Fresh water Fxest&W Fresh water E mergent ShFubWetland 0 Wetland DJ DJ Wilcox Preserve ... is .... . .. ZL a'. ppo ..... .. . EU RMRJ 00 N MAP F-1A NATURAL RESOURCE + MAP - WETLANDS _ 1 in= 5GG ft ob N Packet Pg. 331 9.B.1.i 1 Indrio Scrub Preserve -I I iv ` aJ Wilcox Preserve q3 Indrio Ski 'rSava`hiliahs Preserve 10 . c �5 DEL-MDNf E #, . �o DEL MUNDO DEL MUNDO� N MAP F-1 B WOLF PARCEL -CHANGE IN LAND USE Petition Parcel W F, NATURAL RESOURCE MAP - FLOOD ZONE Flood Zones ursrcr 5 r_arexmc x= - 0.2 PCT ANNUAL CHANCE FLOOD HAZARD 1 in = 5QQ ft w T T ob 0 N C 0 d V a 0 a Q T m 0j r C d E t U 2 a Packet Pg. 332 9.B.1.i Indrio Scrub' 4 Preserve DJT Fri DJ 1Nilcox Preserve 1 Indrio S1. Savannahs [11 Preserve t --t INDF-1 RIO ROAD m Y pEl-MD Nf E a Ps DE L MU NDO DEL MU h1 DO — N �v + MAP F-1 NATURAL RESOURCE MAP - STORM SURGE WOLF PARCEL -CHANGE IN LAND USE Petition Parcel STROM SURGE AREAS (CATAGORY OF STOR61 EVENT) W CAT 1 I CAT 3 CAT 5 uirrrrc� 5`�_arexinc x, 1 in=5GGft E E a CL J N L U_ m N w a+ a Packet Pg. 333 9.B.1.i PENbAR 5 taST_ L CI 0 Indrio Scrub TA LA Preserve DJ_„ Wilcox DJ Preserve Riv NETTLES PITS SU � 1 PAO LA WATER 1f J Ind rio Savannahs11 Preserve ST_LUCIE ��}-'- PEN DARVIS O DEL- MO Ni E �L AT E SAMSULA DEL MUNDO DEL h'UNDO C D ., WAVELANQ )ASTAT U L. MAP F-1 D WOLF PARCEL -CHANGE IN LAND USE N Petition Parcel �- NATURAL RESOURCE MAP - SOILS SOILS TYPE = FADLA = PENDARw1S -ARENTS ='WATER = ST. LUCIE = ASTATULA = NETTLES = LAWN'wx r_ Muir �rc� 5`�_arexinc x' - S+,k' SULK - YAYELAN D - YWA6?SS4 W] k'CI(EE In=5QQtt w r a Packet Pg. 334 9.B.1.i # = CIMMERCIAL kRy ND SERVICE'. } { R } VOIRS UPLAND} HARDWOOD ++ FOREST tIndrlo �� Preserve � 1 � R HARDWOOD - CONIFER M IXE D Indrio Savannahs Preserve COMMERCIIJ AND SERVICE S 6TH ER LIGHT IN DUSTRIAL INDRIO RAD_..._..._._R.• R R Y FRE SHWATE MARSHES HYDRIC PINE F LATWDDD 4 R i i Ri 1 l HARDWOOD _ t CONIFER MIXED � SHRUB AND BRUSHLAND HARDWOOD - CONIFER MIXED IPAR+R _+ % �n� _1 � R w r �* , Q Y ry 1.-.. 'DEL''MONiE l R^««�•.R�Ra+r- � 17 ¢ 71 � R +•'k• DEL hNNDO '--DEL MU N DO . DISTL*BED LAWS } R ` 1 WOLF PARCEL -CHANGE IN LAND USE M Petition Parcel LEGEND -H+'FVND00-00NFERMMED =FXE65F-MED.DEw.rry -Ekyswmps = OTH94 _16HTND.sTRU-_ = FR=JHYATER mAFCHES - 6151LR gTS _4J73 -CCMMEROL.—NDSERMCg -3-I 'a.V,6 ERL51-IJN6 �R4EF_iT.�:��=E = M RED AET_N'M H kl 1YAW0rE cul VL 'OS Rt� FIRE SHWATE MARSHES 1\ MIXED WETLAND RDWa0DS N MAP F-1 E NATURAL RESOURCE MAP-FLUCCS S 1 in = 5QQ ft T ob 0 N Packet Pg. 335 9.B.1.i Property Card Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Property Identification Site Address: OLD DDCIE Parcel ID: 1417-132-0003- Account 0.. 7741 SeclTown/Range: H WY 000 -0 17/34S/40E Map ID: 14/17N Zoning: CG Use Type: 1000 Jurisdiction: Saint Lucie County Ownership Legal description B-Smith Enterprises LP 17 34 40 N 775 FT OF S 800 FT OFNE 1/4 LYG BTWN OLD %CBIZ DIXIE HWY AND US 1 (12.93 AC) (OR3941-226) 1675 N Military TRL M Boca Raton, FL 33486 Current Values Historical Values 3-year Page 1 of 1 Just;Market: $591,400 Assessed $591,400 Year Just/Market Assessed Exemptions Taxable Exemptions: $0 Taxable: $591,400 2017 $591,400 $591,400 $0 $591,400 2016 $465,000 $465,000 $0 $465,000 2015 $591,400 $591,400 $0 $591,400 Sale History Date Book/Page Sale Code Deed Grantor Price 12-05-2016 3941/0226 0112 SP Fifth Thi rd Bank $700,000 05-23-2016 3871 /0770 0112 CT Wolf Comers LLC $100 05-18-2004 1977 / 1568 XX00 WD Sweet (TR),David L $1,500,000 Primary Building Information Finished Area of this building: 0 SF Gross Area of Us building: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: 2014 Primary Wall: Story Height: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 A/C No: 0% Electric: Primary Int Wall: Full Baths: 0 Heated°/u N/A% Heat Type: Avg Hgt/Fl oor: 0 Half Baths: 0 Sprinkled°/a 0% Heat Fuel: Primary Floors: Type Total Areas Finished/Under Air 0 (SF): Gross Area (SF): 0 Land Size (acres): 12.93 Land Size (SF): 563,230 Total Building Count: 1 Special Features and Yard Items Qty Units Year Bit This information is believed to be correct at thi s time but it is subj ect to change and is not warranted. ® Copyright 2018 Saint Lucie County Property Appraiser. All rights reserved http: //www. pasle. org/RECard/ 1/2/2a1 s Packet Pg. 336 9.B.1.i JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4256211 OR BOOK 3941 PAGE 226, Recorded 12/09/2016 11:55:51 AM Doc Tax: $4900.00 This Instrument Was Prepared By: Alan Gruspan, Esq. Carlton Fields 7orden Burt, P.A. 100 S.E. Second Street, Suite 4200 Miami, Florida 33131-2114 Property Appraiser 1D No: 1417-132-0003-000/0 1 (RESERVED) SPECIAL WARRANTY DEED THIS DEED made as of the � day of December, 2016, by FIFTH THIRD BANK, an Ohio banking corporation ("Grantor 1, whose address is 999 Vanderbilt Reach Road, Naples, Florida 34108 to B-SMITH ENTERPRISES, L.P., a Nevada limited partnership ("Grantee'), whose address is c/o CBIZ, 1675 N. Military Trail, 5'h Floor, Boca Raton, Florida 33486. IN CONSIDERATION of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Grantee, Grantor does hereby grant, bargain, sell, remise, release, and forever convey to Grantee its leasehold owner's interest in that certain real property located in the County of St. Lucie, State of Florida, and more particularly described on Exhibit A attached hereto ("Real Property" ). TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or anywise appcd ning. This conveyance is subject to certain matters, which are hereinafter referred to as the "Permitted Exceptions," as follows: (i) taxes and assessments for 2017 and subsequent years, (il) local, state and federal laws, ordinances or governmental regulations, including but not limited to, building and zoning laws, (iii) all covenants, conditions, restrictions, easements, reservations, declarations, and limitations of record (without serving to re -impose same), (iv) the rights of tenants under any leases affecting the Real Property, and (v) all matters that would be disclosed by a correct survey of the Real Property. Grantor does hereby fully warrant the title to the Real Property, subject to the Permitted Exceptions, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor and no other. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed by its duly authorized representative on the day and year first above written. 109699017A ob 0 N Packet Pg. 337 9.B.1.i OR BOOK 3941 PAGE 227 Signed, seated and delivered in our presence: iitnAess Signature Print N f 'tress fitn�essfSSignaturee / Print Name of Witness Witness Signature Prim Name of Witness Witness Signature Print Name of Witness GRANTOR: FIFTH THIRD BANK an Ohio banking torpor ' n B : N-efyde 44casey Vice President By: Lisa Wilcoxson, Vice President STATE OF FIARIDA ) )SS COUNTY OF�W ) The foregoing instrument was acknowledged before me on this !day of December, 2016, by Clyde Measey, as Vice Presid ' t f FIFTH THIRD BANK, an Ohio banking corporation, on behalf of said corporation. H is personalty known to n e o -rod u d his drives license as identification. r 1 My++ Commission Expires: 11 ' c.]11 Print PATRICIA E WEAVER My COMMISSION #FF072OD2 Packet Pg. 338 9.B.1.i OR BOOK 3941 PAGE 228 Signed, sealed and delivered in our presence: GRANTOR: itness Signature FIFTH THIRD BANK, an Ohio banking corporation Print Name of Witness Witness Signature Print Name of Witness I .. Svc Witness Signature Print Name of Witness WIt1re /7mq }Signatu J�P, k, V -e sq S Print Name of Witness STATE OF FLORIDA ) )SS By: Clyde Measey Vice President Hy: �� rn . vi L" Lisa Wilcoxson, Vice President The foregoing instrument was acknowledged before me on this day of December, 2016, by Clyde Measey, as Vice President of FIFTH THIRD SAND, an Ohio banking corporation, on behalf of said corporation. He ❑ is personally known to me or ❑ produced his - driver's license as identification. Notary Public State of Florida My Commission Expires: Print or Stamp Name of Notary Public 109659017.1 Packet Pg. 339 9.B.1.i OR BOOK 3941 PAGE 229 STATE OF FLORIDA } n )SS COUNTY OF �-`a Ili ft ) 'rho foregoing instrument was acknowledged before me on this day of December, 2016, by Lisa Wilcoxson, as Vice President of F= THIRD BANK, an Ohio banking corporation, on behalf of said corporation- Heys personally known to me or 0 produced his driver's license as identification. Notary Public State of Trlorida My Commission Expires: L �}c�S f] AWLAWST]22018 �= Notary Public - Stale _�^ •: My Comm. Expires JaCommission M FFEBoned rniouyh rJatiorel 109659017.1 Print or Stamp Name of Notary Public [Signature page to Special Warranty Deed] Packet Pg. 340 9.B.1.i OR BOOK 3941 PAGE 230 EXHIBIT "A" Legal Description The North 775 feet of the South SOD feet of that part of the Northeast '/A lying between Old Dixie Highway and U.S. Ilighway 41, in Section 17, Township 34 South, Range 40 East, St_ Lucie County, Florida 109659017.1 T r ob r 0 N Packet Pg. 341 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4192752 OR BOOK 3871 PAGE 770, Recorded 05/23/2016 at 04:11 PM Doc Tax: $0.70 9.B.1.i FIFTH THIRD BANK, an Ohio banking corporation, formerly known as Fifth Third Bank, a Michigan banking corporation, Plaintiff, V. Wolf Corners, LLC, a Florida limited liability company, Steven Wolf, and Richard Siemens, Defendants. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CIVIL, DIVISION CASE NO.562015CA001694 (133) CERTIFICATE OF TITLE The undersigned Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on May 3, 2016, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property is located in St. Lucie County, Florida: Legal Description: The North 775 feet of the South 800 feet of that part of the Northeast'/a lying between Old Dixie Highway and U.S. Highway #1, in Section 17, Township 34 South, Range 40 East, St. Lucie County, Florida Property Address: Northeast corner of US 1 & Indrio Road Fort Pierce, Saint Lucie County, FL 34946 Wassold to: FIFTH THIRD BANK, 13350 Metro Parkway, Second Floor, Fort Myers, Florida 33966 Witness my hand and seal of the Court this U day of May, 2016. rie ce.��,Gr JOSEPH E. SMITH a, Clerk of Circuit Court a o a u .tea By: C UCIE Co , Clerk of Circuit Court 107328493.1 St. Lucie County File Date: 05/23/2016 03:50 PM Packet Pg. 342 OR BOOK 3871 PAGE 771 9.B.1.i Copies to: David J. Smith, Esq. Carlton Fields Jorden Burt, P.A. 100 S.E. 2°d Street, Suite 4200 Miami, Florida 33131 Phone: (305) 530-0050 Fax: (305) 530-0055 4smi91@carltonfields. com cemzman&carltonfields.com Michael Hamaway, Esq. Mombach Boyle Hardin & Simmons, PA Broward Financial Centre, Suite 1950 500 E. Broward Boulevard Ft. Lauderdale, FL 33394 Tel: 954-467-2200, Ext. 233 Fax:954-467-2210 mhamawgy@.mbhlgwyer.com N 107328493.1 CASE NO. 562015CA001694 (B3) St. Lucie County File Date: 05/23/2016 03:50 PM Packet Pg. 343 9.B.1.i Entity Details - Secretary of State, Nevada B-SMITH ENTERPRISES, L.P. Page 1 of 3 Business Entity Information Status: Active File Date: 1118/2006 Type: Domestic Limited Partnership Entity Number: E0824312006-3 Qualifying State: NV List of Officers Due: 1113012018 Managed By: Expiration Date: 1213112056 NV Business ID: I NV20061715736 Business License Exp: 1 1113012018 Additional Information Central Index Key: Registered Agent Information Name: THE CORPORATION TRUST COMPANY OF NEVADA Address 1: 701 S CARSON ST STE 200 Address 2: City: CARSON CITY State: NV Zip Code: 89701 Phone: Fax: Mailing Address 1: Mailing Address 2: Mailing City: Mailing State: NV Mailing Pip Code: Agent Type: I CommercialReg isteredAgent-Corporat ion Jurisdiction: 1. NEVADA Status: Active Financial Information No Par Share Count: 1 0 Capital Amount: I $ 0 No stock records found for this company J Officers ❑ Include Inactive Officers General Partner - B SMITH GP LLC Address 1: CBIZ MHM LLC, 1675 N MILITARY TR., 5TH FL Address 2: City: BOCA RATON State: FL Zip Code: 33486 Country: Status: IActive Email: ActionslAmendments Action Type: Certificate of Limited Partnership Document Number: 20060722893„39 #of Pages: 1 File Date: 11/812006 Effective Date: 0 littp:Ilnvsos.govlsosciitityscai-ch/PrintCorp.aspx'?lx8nvq=dS1.kh'n1jg3]iO4XPl]5sPJ(ixw%25... 1 /2/201 K Packet Pg. 344 9.B.1.i Entity Details - Secretary of State, Nevada Page 2 of 3 (N❑ notes for this action) Action Type: Reinstatement Document Number: 2008002017"S #of Pages: 1 File Date: 111012008 Effective Date: REVOKED 1211107. REINSTATED Action Type: Acceptance of Registered Agent Document Number: 20080020179-09 #of Pages: 1 File Date: 111012008 Effective Date: (No notes for this action) Action Type: Registered Agent Change Document Number: 20080020180-71 #of Pages: 1 File Date: 1110/2008 Effective Date: FILED WITH REINSTATEMENT Action Type: Annual List Document Number: 20080646676-25 #of Pages: 1 File Date: 9/2612008 Effective Date: 08-09 Action Type: Annual List Document Number: 20100773490-23 #of Pages: 1 File Date: 1Oil 412010 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 20110773389-01 #of Pages: 1 File Date: 1012812011 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 20110895097-02 #of Pages: 1 File Date: 12/2112011 Effective Date: (No notes for this action) Action Type: Miscellaneous Document Number: 20140325716-41 #of Pages: 1 File Date: 5/112014 Effective Date: CERT OF REIN Action Type: Reinstatement Document Number: 20140325717-52 #of Pages: 1 File Date: 51112014 Effective Date: REIN Action Type: Acceptance of Registered Agent Document Number: 20140325718-03 #of Pages: 1 Pile Date: 511l2014 Effective Date: (No notes for this action) u r Q littp:Ilnvsos.govlsosciitityscai-ch/PrintCorp.aspx'?lx8nvq=dS1.kh'n1jg3]iO4XPl]5sPJ(ixw%25... 1 /2/201 K Packet Pg. 345 9.B.1.i Entity Details - Secretary of State, Nevada Page 3 of 3 Action Type: Annual List Document Number: 2014078032M3 #of Pages: 1 File Date: 1 V2612014 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 20150512257-70 #of Pages: 1 File Date: 1112412015 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 20160540352-48 #of Pages: 1 File Date: 12113/2016 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 2017050573MB #of Pages: 1 File Date: 1113012017 Effective Date: (No notes for this action) C N E C N E Q Q M 2 N to C M J N L 3 LL to L 75 r Q littp:iiiivsos.govlsosciitityscai-ch/PrintCorp.aspx'?lx8nvq=dS1.kh'n1jg3]iO4XP1]5sPJ(ixw%25... 1 /2/201 K Packet Pg. 346 9.B.1.i Detail by Entity Name F lorl cia Dei)artm enl or stale ti. Llvl::i lrr of , r �• rg (_iJ�i�^t��r�r I1J fin ellirirrl +rtur ri/ Plvr[drr )i r6stre ❑sparl me nl of Stria f Divisian of Cppo ral ions 1 Seardh Records 1 Del ail Df Document Number r Detail by Entity Name FI on da Li mited Li ability Corn pang B. SMITH GP, LLC Filino Information Document Number L09000053852 FEIIEIN Number NIA Date Filed 06/03/2009 Effective Date 05/29/2009 state FL Status ACTIVE Principal Address clo CBIZ, Lisa Scarabino 1675 N Military Trail 5th Floor BOCA RATON, FL 33486 Changed: 0412612013 Mai Iina Address clo CBIZ, Lisa Scarabino 1676 N Military Trail 5th Floor BOCA RATON, FL 33486 Changed: 0412612013 Reaistered Aoent Name & Address SMITH, BARRY M clo CBIZ MHM LLC 1675 N. Military Trail, 5th FL BOCA RATON, FL 33486 Address Changed: 04/01/2016 Authorized Person(s) Detail Name & Address SMITH, BARRY M clo CBIZ, Lisa Scarabino 1676 N Military Trail Page 1 of 2 ❑IVISIOe Or CORPORATIONS http://search.sunbiz.org/Inquiry/C;orporationS carch/Search Result] )ctai 17i nquirytype=Fntity... 1/2/2018 Packet Pg. 347 9.B.1.i 1)ctail by Entity Name 51h Floor BOCA RATON, FL 33486 Annual Reports Report Year Filed Date 2015 04/29/2015 2016 04101 /2016 2017 04/18/2017 Document Images 04/1812017 -- ANNUAL REPORT 04A1112016 -- ANNUAL REPORT 04MMO15--ANNUAL REPORT G412612014 -- ANNUAL REPORT 0412612013 -- ANNUAL REPORT 02,0012012 -- ANNUAL REPORT 02115r2011 -- ANNUAL REPORT 02jr?U20111 -- ANNUAL REPORT 06i0312009 -- Florida Limiled Liahilit• View Image In PDF format View image in POF format View image in POF format View image in PDF format VrHw image in PDF format View Image In PDF format View image in PDF format View image in PDF format Vlew Image In PDF format nnriiIi 11�i•}im�eS [i Rl;R.i �, fwri•aiti d a.w'A'w' Page 2 of 2 li tp:llscarch.sunhiz.org/Inquirye'Corporation5carch/Search Result])ctail'?inquirytype=F,ntity... 11212019 Packet Pg. 348 9.C.1 ITEM NO. (ID # 5047) COUNTY �. F L Q R I D A - AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Edmund Bas, Assistant County Engineer SUBMITTED BY: Engineering SUBJECT: Rock Road Mine Public Hearing BACKGROUND: DATE: 08/07/2018 Rock Road Holdings, LLC has decided to hold off on the lake filling application, instead they will complete the reclamation requirements as stipulated in the mining permit. Attached is a letter that formally requests the withdrawal of their application to modify the reclamation requirements of the mining permit. PREVIOUS ACTION: December 7, 1976 - Board approved the original mining permit. February 6, 1979 - Permit issued for four years. February 14, 1983 - Permit issued for two years September 9, 1986 - Permit issued for four years. November 27, 1990 - Permit issued for six years. January 10, 1995 - Permit issued for six years. March 6, 2001 - Permit issued for six years. March 6, 2007 - Permit expired. March 6, 2018 - Board approved scheduling a public hearing. April 3, 2018 - Board approved continuance of the public hearing to June 5, 2018. June 5, 2018 - Board approved continuance of public hearing to August 7, 2018. FINANCIAL IMPACT: n/a RECOMMENDATION: Staff recommends Board approval of Rock Road Holdings, LLC's formal request to withdraw their application to modify the reclamation requirements of the Rock Road Mine Permit. COMMISSION ACTION: Packet Pg. 349 9.C.1 Coordination/Signatures A\CxyzU, '�A' n We t, Public Works Directo 018 anie sWmclnty're,c� orney 3/22/2018 rk 5 er ee 1 ep County miAistrato 3/22/2018 Updated: 7/26/2018 2:57 PM by Linda Buchanan E Page 2 Packet Pg. 350 9.C.1.a - - Ardaman & Associates, Inc. AAI File No. 18-1700 July 19, 2018 Geotechnical, Environmental and 2 Materials Consultants -0 St. Lucie County Board of County Commissioners c/o Engineering Division 2300 Virginia Avenue, 21d Floor Fort Pierce, Florida 34982 Attention: Mr. Edmund Bas, P.E. Assistant County Engineer Subject: Request for Removal from Consent Agenda Rock Road Mine — Public Hearing Request Mr. Bas, On behalf of Rock Road Holdings LLC, Ardaman is providing this letter to request withdrawal of the agenda item for a public hearing request at the Board of County Commission Meeting scheduled for August 2018. As you are aware, Rock Road Holdings LLC is currently evaluating various options to close the mining permit at the Rock Road Mine site in St. Lucie County, and are requesting some additional time to prepare the required documentation. Rock Road Holdings LLC and Ardaman will continue to coordinate with you to close the mining permit as soon as possible. Please let me know if you have any questions or if you need anything else. Best regards, ARDAMAN & ASSOCIATES, INC. Dan Zrallack, P.E. Senior Project Engineer dzrallack(a)-ardaman.com 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 FAX (772) 878-0097 Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Packet Pg. 351 9.C.1.b Board of County Commissioners Hearing Date: Tuesday, Rock Road Mine Request August 7, 2018 (6:00 p.m. for Withdrawal or soon thereafter) Packet Pg. 352 9.C.2 ITEM NO. RES-2018-142 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 08/07/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Iroquois/Navajo MSBU Final Assessment Resolution Over the past several years, the County has received petitions from property owners on Iroquois Avenue and Navajo Avenue in support of creating a Municipal Services Benefit Unit ("MSBU") to fund the cost of constructing potable water and fire protection improvements in their neighborhood. The submitted petitions currently indicate that 56% of the property owners support the imposition of assessments to fund the project. In January 2018, affected property owners were notified by mail of their maximum estimated assessment amount. On February 13, 2018, an informational meeting was held with County staff, FPUA staff and property owners to discuss the MSBU process, project design, project cost, and annexation issues. The proposed MSBU is located within the utility service area of Ft. Pierce Utilities Authority (FPUA). FPUA has agreed to design, permit, and bid the project and to provide construction management and inspection services at no cost to the owners of assessed property. June 5, 2018, the Board approved Resolution No. 2018-104, the Iroquois/Navajo MSBU Initial Assessment Resolution, as required by the County's Assessment Ordinance. The Initial Assessment Resolution described the property to be located within the MSBU, provided for the imposition of special assessments therein, estimated the cost to be funded through special assessments, established the method of apportioning the special assessment among affected real property, directed the assessment coordinator to prepare a preliminary assessment roll, approved the interlocal agreement with FPUA and the City of Ft. Pierce, authorized and directed staff to take such actions as may be necessary in furtherance of the project and the financing of the cost thereof through special assessments, established tonight's public hearing to consider imposition of the proposed assessments. Packet Pg. 353 9.C.2 As established in the Initial Assessment Resolution, the maximum assessed cost of the project is $406,500. The maximum assessment amount to be levied per Equivalent Residential Connection ("ERC") is $7,861.87, with an annual payment of $757.43. Annual assessments are scheduled to be collected for fifteen (15) years beginning in November 2018. Annual assessments are currently being calculated using a conservative interest rate of five percent (5%) per annum, the actual interest rate will be known after bank financing is obtained. If the Board approves this Resolution property owners will have an opportunity to pay their assessment prior to financing being obtained; thereby, avoiding the cost related to financing the project, annual financing, collection and administrative cost. The discounted prepay assessment amount is $6,891.63 per ERC. The assessment imposed against each parcel may be further reduced upon completion of the project depending on whether contingencies arise during construction. If the project comes in under budget, property owners who prepaid the assessment will receive a refund of the difference. Assessment being collected annually along with property taxes will be reduced to reflect the lower cost. On July 17, 2018, affected property owners were notified by mail of this public hearing and of their proposed assessment amount, annual payment amount, and discounted prepay amount. The attached resolution constitutes a Final Assessment Resolution as required by the County's Assessment Ordinance. The purpose of the Final Assessment Resolution is to determine that real property within the Iroquois/Navajo MSBU will be specially benefited by the improvements, ratify and confirm the Initial Assessment Resolution, approve the assessment roll, impose assessments upon all parcels described in the assessment roll, provide the method for collection, direct recorded notice of the assessments, and provide an effective date. PREVIOUS ACTION: June 5, 2018 - Board approved Resolution No. 2018-104, the Initial Assessment Resolution. FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Iroquois/Navajo MSBU will be utilized to repay the loan obtained to fund construction of the potable water and fire protection improvements to the parcels within the MSBU. Funds will be deposited into the Iroquois/Navajo MSBU fund (39015-4115-384200 & 366910-38025). RECOMMENDATION: Staff recommends Board approval of the Iroquois/Navajo MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Updated: 7/27/2018 3:53 PM by Katrina Slay Page 2 Packet Pg. 354 9.C.2 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/26/2018 Ho and Tipton, Count Administrato 7/27/2018 Updated: 7/27/2018 3:53 PM by Katrina Slay Page 3 Packet Pg. 355 9.C.2.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT UNIT FINAL ASSESSMENT RESOLUTION ADOPTED AUGUST 7, 2018 Packet Pg. 356 9.C.2.a TABLE OF CONTENTS FINAL ASSESSMENT RESOLUTION Page SECTION 1. AUTHORITY.............................................................................................1 SECTION 2. DEFINITIONS...........................................................................................2 SECTION3. FINDINGS..................................................................................................2 SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS ..... 4 SECTION 5. ASSESSMENTS.........................................................................................4 SECTION 6. APPROVAL OF ASSESSMENT ROLL..................................................5 SECTION 7. COLLECTION OF ASSESSMENTS........................................................6 SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION .............................6 SECTION 9. ASSESSMENT NOTICE...........................................................................7 SECTION 10. EFFECTIVE DATE....................................................................................8 APPENDIX A PROOF OF PUBLICATION APPENDIX B AFFIDAVIT OF MAILING APPENDIX C FORM OF ASSESSMENT NOTICE m Packet Pg. 357 9.C.2.a RESOLUTION NO.2018-XX A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONSTRUCTION AND FUNDING OF POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; RATIFYING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; DIRECTING RECORDED NOTICE OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1- 13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law, and Resolution No. 2018- 104 adopted by the Board on June 5, 2018 (the "Initial Assessment Resolution") 1 Packet Pg. 358 9.C.2.a SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The findings provided in Section 1.04 of the Initial Assessment Resolution are hereby ratified, confirmed, and incorporated as if set forth fully herein. (B) On June 5, 2018, the Board adopted the Initial Assessment Resolution which described the potable water and fire protection improvements comprising the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such improvements against the real property located within the Iroquois/Navajo MSBU benefited thereby, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is required to repeal or confirm the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing concerns and receiving comments or objections of interested parties. (D) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. PJ Packet Pg. 359 9.C.2.a (E) As required by the terms of the Assessment Ordinance and the Initial Assessment Resolution, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (H) The special benefits derived from the Project, as further described in the Initial Assessment Resolution, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (I) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Project by fairly and reasonably allocating the costs associated with the Project among specially benefited property. 3 Packet Pg. 360 9.C.2.a SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) The Initial Assessment Resolution is hereby ratified and confirmed. (B) The Iroquois/Navajo MSBU, the description of which is set forth in the Initial Assessment Resolution, is hereby established. (C) Any and all prior actions of the Board associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. ASSESSMENTS. (A) Section 2.01 of the Initial Assessment Resolution estimated the maximum Assessed Cost of the Project to be $406,500. Such estimate is based upon projected construction costs. (B) After affording owners of Assessed Property an opportunity to enter into Restrictive Covenant Agreements, there are sixty (60) Parcels within the Iroquois/Navajo MSBU. (C) Accordingly, an Assessment in the amount of $7,861.87 per ERC is hereby levied and imposed against each Parcel described in the Assessment Roll. The maximum annual installment of the Assessment per ERC is $757.43 which includes annual financing, collection and administration costs. 4 m co M 0 7 z 0 3 U 0 L N oo 0 N W W W Packet Pg. 361 9.C.2.a (D) Owners of Assessed Property may prepay the Assessment in accordance with Section 7 hereof and thereby avoid annual interest. (E) The Assessment imposed against each Parcel may be reduced upon D m completion of the Project, depending on whether contingencies arise during co M 0 7 construction. Any such further reduction shall be established by supplemental z W resolution of the Board. 0 U 0 L (F) The Parcels described in the Assessment Roll are hereby found to be oo specially benefited by the Project in an amount which equals or exceeds the N W w W Assessments imposed hereunder. The apportionment methodology for the Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby approved. (G) The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. The Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the 5 Packet Pg. 362 9.C.2.a amount of the Assessment for each Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed Property may prepay the Assessment at any time on or prior to August 31, 2018, and thereby avoid annual financing, collection and administration costs. Assessments imposed hereunder which are not prepaid by such date shall be collected in not more than fifteen (15) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2018. The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Property but may be paid in full at any time at the option of the owner thereof; provided, however, that after December 30, 2018, the amount necessary to prepay the Assessment may include a pro rata share of any financing costs associated with bonds, notes or other debt obligations issued by the County to finance the costs associated with the Project (including but not limited to prepayment premiums imposed by the holder of such debt obligations). Upon adoption of this Resolution, the Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION S. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues r Packet Pg. 363 9.C.2.a presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Final Assessment Resolution. SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is hereby authorized to record a general notice of the Assessments in the Official Records in the office of the St. Lucie County Clerk of Courts. Such notice shall be in substantially the form attached hereto as Appendix C and shall be recorded upon completion of the Project. [Remainder of Page Intentionally Left Blank] Packet Pg. 364 9.C.2.a SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 7th day of August, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA g Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 365 Final Assessment Resolution 9.C.2.a APPENDIX A PROOF OF PUBLICATION S Co O W z 0 0 a O L N U r Q A-1 Packet Pg. 366 Final Assessment Resolution 9.C.2.a APPENDIX B AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (1) I am the MSBU Coordinator for the Engineering Division of St. Lucie County, Florida. (2) On or before July 17, 2018, I facilitated and directed mailed notice of a public hearing to be held on August 7, 2018, by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the Iroquois/Navajo Municipal Services Benefit Unit ("MSBU") to fund potable water and fire protection improvements. The notices were mailed in accordance with Section 2.02(F) of Resolution No. 2018-104 and Section 40-100(e) of the County Code of Ordinances, to each owner of real property located within the Iroquois/Navajo MSBU subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. (3) An exemplary form of such notice is attached hereto. FURTHER AFFIANT SAYETH NAUGHT. Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of 2018, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. (SEAL) Printed/Typed Name: Notary Public -State of Commission Expires:_ B-1 Packet Pg. 367 Final Assessment Resolution 9.C.2.a APPENDIX C FORM OF ASSESSMENT NOTICE July 17, 2018 ***NOTICE OF PUBLIC HEARING*** RE: Iroquois/Navajo Municipal Services Benefit Unit Parcel ID No. XXXXXXXXXX Dear Property Owner: The Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") will hold a public hearing to consider the levy of non -ad valorem special assessments on parcels within the Iroquois/Navajo Municipal Services Benefit Unit ("MSBU") to fund the cost of providing potable water and fire protection improvements therein (the "Project"). The public hearing will be heard at the Board's regular meeting on Tuesday, August 7, 2018 at 6:00 p.m., or as soon thereafter as the matters may be heard, in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Please enter through the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers located on the third floor. All interested persons are invited to attend and be heard. Affected property owners have the right to appear at the public hearing and to file written objections with the County Engineer, but they must be received within twenty (20) days of the date of this notice. In addition, the Board will also consider all comments received prior to or during the public hearing. Attached to this letter you will find a Notice of Non -Ad Valorem Special Assessment. This notice indicates the proposed amount of the special assessment to be assessed against your property for the purposes of funding the cost to construct the improvements. The assessment will be based upon assigning one (1) Equivalent Residential Connection for each single family dwelling unit or subdivided residential lot capable of development with a single family dwelling. The assessments will be collected in accordance with Section 197.3632, Florida Statutes, which authorizes collection of non -ad valorem assessments by the St. Lucie County Tax Collector on the annual property tax bill. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in loss of title. Collection of the assessments is anticipated to commence in November, 2018 and annual installments will continue each year for a period not to exceed fifteen (15) years, or until the amount of the assessment is paid in full. A more specific description of the Iroquois/Navajo MSBU, the Project and the method of computing the assessment for each parcel of property are set forth in Resolution No. 2018-104 (the "Initial Assessment Resolution"). The Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the office of the County Engineer, 2300 Virginia Avenue, Ft. Pierce, Florida. If the Board levies special assessments on the parcels within the Iroquois/Navajo MSBU, parcel owners may choose to "prepay" their assessment; thereby, realizing a savings in interest and financing fees. The prepayment period would be from 08/13/2018 through 08/31/2018. The prepayment amount for this parcel is indicated on the Notice of Non -Ad Valorem Special Assessment. If the assessment is not paid during the prepayment period, it would be added to the parcel's property tax bill and financed for a period of up to fifteen (15) years. If the Board levies assessments on August 7, 2018, you will be notified by mail and reminded of the prepayment period. Any person wishing to ensure that an adequate record of the proceedings is maintained for appellate purposes is advised to make the necessary arrangements for recording at his or her own expense. Persons with disabilities needing assistance to participate in any of these proceedings should contact the St. Lucie County Clerk at least 48 hours in advance of the meeting. If you have questions or concerns, please feel free to contact us at 772-462-3500. C-2 Packet Pg. 368 Final Assessment Resolution 9.C.2.a ST. LUCIE COUNTY, FLORIDA NOTICE OF NON -AD VALOREM ASSESSMENTS IROQUOIS/NAVAJO MSBU 1. Parcel Identification Number: XXXXXXXXXX 2. Unit of Assessment: Equivalent Residential Connection ("ERCs" 3. Assessment Amount per ERC: $7,861.87 4. Number of ERCs assigned to your parcel: X 5. Total assessment assigned to this parcel: XXXXX 6. Prepayment amount (if you pay in full by 08/31/2018): XXXXXX 7. Maximum annual payment for this assessment (if you do not prepay):XXXXX (The amount of the maximum annual assessment payment includes a pro rata share of the costs incurred by the County in the annual collection and administration of the special assessments, including but not limited to fees imposed by the Tax Collector pursuant to Section 197.3632, Florida Statutes, and amounts necessary to account for the maximum statutory discount for the early payment of property taxes and non -ad valorem assessments) 8. Maximum number of annual assessment payments: 15 9. Maximum collected for this parcel if financed for 15 years: XXXXXXX 10. Total maximum amount of revenue to be collected from the entire MSBU (excluding interest): $542,470 Failure to pay the assessment can result in the issuance of a tax certificate which may result in loss of title to your property. THIS IS YOUR ASSESSMENT NOTICE ONLY. DO NOT PAY AT THIS TIME - If this assessment is levied and you wish to prepay your assessment, you may do so at the office of St. Lucie County Tax Collector from 8/13/2018 — 8/31/2018. PLEASE MAKE YOUR CHECK PAYABLE TO: THE ST. LUCIE COUNTY TAX COLLECTOR. Mail or deliver your payment to the Tax Collector's office: 2300 Virginia Avenue, Fort Pierce, FL 34982, on the First Floor of the Civic Center. Please include a copy of this notice or reference your Parcel Identification number, as shown above along with your payment. C-3 Packet Pg. 369 Final Assessment Resolution 9.C.2.a EXHIBIT A DESCRIPTION OF IROQUOIS/NAVAJO MSBU A parcel of land lying within Section 28, Township 34 South, Range 40 East and also being a portion of blocks 3, 23, 24, 27, 28, 46, 47, 55, 56 and 57 of San Lucie Plaza, Unit one as recorded in plat book 5 page 57 of the public records of St. Lucie County, Florida, being more fully described as follows: Lots 1 and 2 and 21 - 35, Block 55, Lots 1 - 35, Block 56, Lots 4 - 20, Block 57, Lots 21 - 32, Block 47, Lots 8 - 20, Block 46, Lots 13 - 24, Block 27, Lots 1 - 12, Block 28, Lots 7 - 13, Block 24, Lots 1 - 9, Block 23, Lot 9 Block 3, Less and except the south 50 feet thereof, of said San Lucie Plaza Unit One Subdivision: Together with the following; The north half of abandoned East Boulevard located south of and adjacent to said Lot 9, Block 23 and that portion of abandoned East Boulevard located south of and adjacent to said Lot 7, Block 24 and north of and adjacent to said Lot 9, Block 3. East Boulevard being vacated per resolution 73 - 62 of the public records of St. Lucie County, Florida; Together with that portion of abandoned Lowell Road located north of and adjacent to said Lot 1, Block 23, and south of and adjacent to said Lot 12, Block 28 and that portion of abandoned Lowell Road located north of and adjacent to said Lot 13 Block 24 and south of and adjacent to said Lot 13, Block 27. Lowell Road being vacated per resolution 79 - 44 of the public records of St. Lucie County, Florida Together with that portion of abandoned Hawthorne Road located north of and adjacent to said Lot 1, Block 28 and south of and adjacent to said Lot 20, Block 46 and that portion of abandoned Hawthorne Road located north of and adjacent to said Lot 24, Block 27 and south of and adjacent to said Lot 21, Block 47. Hawthorne Road being vacated per resolution 79 - 44 of the public records of St. Lucie County, Florida. All of the above located in said San Lucie Plaza Unit One Subdivision. C-4 Packet Pg. 370 Iroquois / Navajo IVISBU . . . ......... EDWIN AVE 0 U) T_ T, rk, �L ; � — R - --I J w LO LL C14 LL z z z U) LU ST- LUCIE- BLVD ST LUCIE. BLVD 0 ;T-LUCIE-BL). W > m z z 0 U) 0 LU 04 Of LU < ___LU ob U) z0 12, Ch LU II II o of C4 a. II Q I '—'- Cli II Q -:HUGO-RD-HUGO RD " F- -YU MA,WAYJ coo X�N ERIE-DR— LLJ LU LU EIDA-WAY- _0 W_ LL LLJ 0 125 250 375 500 Feet U) ANT=RD E3RYAN_ Map prepared August 9, 2016 M to ;As Packet Pg. 371