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Agenda Packet 11.27.2018
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, November 27, 2018 =1111F_n►�l St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 3, Chair LINDA BARTZ District No. 5, Vice -Chair CATHY TOWNSEND District No. 1 CHRIS DZADOVSKY District 2 SEAN MITCHELL District No. 4, Chair FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 1112612018 3:14 PM Regular Meeting Tuesday, November 27, 2018 9:00 AM %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, November 27, 2018 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, October 09, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, November 13, 2018 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. Land Management Systems - Leslie Olson, SLC Planning & Development Services Director B. Port St. Lucie Water Education & Community Involvement Programs Add -On 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 6 & 7 B. ADMINISTRATION 1. Tourist Development Council Capital Grant Program Pulled Prior to Meeting C. AIR & SEA PORT There are no items scheduled. D. COUNTY ATTORNEY 3 1 P a g e Regular Meeting Tuesday, November 27, 2018 9:00 AM 1. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma Staff recommends that the Board ratify the four (4) Declarations of Emergency for Hurricane Irma dated October 4, 2018, October 11, 2018, October 18, 2018 and October 25, 2018. 2. FPL Care to Share Program Agreement Staff recommends that the Board approve the proposed FPL Care to Share Program Agreement, and authorize the Chair to sign the agreement. 3. Resolution - A resolution supporting the Safe Routes to School program in St. Lucie County, Florida Staff recommends that the Board adopt the attached resolution as drafted by the County Attorney and to distribute to our State and Federal Legislative Delegation. 4. Interlocal Agreement for Wastewater Services - Solid Waste Leachate Staff recommends that the Board approve the interlocal agreement and authorize the Chair to sign the agreement. E. COMMUNITY SERVICES 1. Resolution - State Housing Initiative Partnership (SHIP) FY 2018/2019 Allocation Staff recommends Board approval of the resolution and authorization for the Chair to sign documents as approved by the County Attorney. iWABIL i1►11-1ffit11610 There are no items scheduled. G. ENVIRONMENTAL RESOURCES 1. Budget Resolution - PSL Water Education & Community Involvement Programs Staff recommends the Board approve acceptance of Port St. Lucie funding of $20,000.00 for Water Education & Community Involvement Programs; approve attached budget resolution; and authorize the Chair to sign documents as approved by the County Attorney. H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES 1. Corizon Inmate Health Care 2017-2018 4 1 P a g e Regular Meeting Tuesday, November 27, 2018 9:00 AM Staff recommends Board approval for payment of Corizon Health Services invoices 22515, 22616, and 22517 for FY17/18 Inmate Utilization of Medical Services costs in the amount of $353,367.84 J. INFORMATION TECHNOLOGY 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. Dori Slosberg Mini -Grant Awards Staff recommends Board approval of the award of $109,038.00 to six public high schools for the Dori Slosberg Driver Education grant and the contracts as drafted by the County Attorney. N. PARKS & RECREATION 1. Adams Ranch Rodeo Fee Waiver Staff recommends Board approval to waive $2,396.25 in fairgrounds facility rental fees for the 8th Annual Adams Ranch Rodeo on March 30, 2019. O. PLANNING & DEVELOPMENT SERVICES 1. Land Management System Software Contract Staff recommends the Board approve the contract and NDA with Tyler Technologies, Inc. for the EnerGov Land Management System Software as approved by the County Attorney's office, and authorize the Chair to sign. P. PUBLIC SAFETY 1. Approval of the FY 18-19 Emergency Medical Services Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) Staff recommends Board approval of the Emergency Medical Services (EMS) Grant Application in the amount of $39,231.00, and authorization for the Chair to sign documents as approved by the County Attorney. Q. PUBLIC WORKS 1. Iroquois/Navajo MSBU IA TC 5 1 P a g e Regular Meeting Tuesday, November 27, 2018 9:00 AM Staff recommends Board approval of the Ilterlocal Agreement with the St. Lucie County Tax Collector for the Iroquios/Navajo MSBU and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - River Hammock Municipal Services Benefit Unit (MSBU) Staff recommends Board approval of the River Hammock MSBU budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. 3. Resolution - River Hammock Municipal Services Benefit Unit (MSBU) Staff recommends Board approval of the River Hammock Municipal Services Benefit Unit (MSBU) initial assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. 4. Russo Road at Fort Pierce Farms Water Control District Canal 7 Culvert Replacement - Acceptance of Project Staff recommends Board acceptance of Russo Road at Fort Pierce Farms Water Control District Canal 7 Culvert Replacement. 5. Scrivener's Error - Project Name Officially Changed to Johnston Road at Canal 15 Staff recommends Board acceptance as a scrivener's error and officially change the name of project #194607 to Johnston Road at Canal 15. 6. Lakewood Park Stormwater Design Contract Approval Staff recommends Board approval of Engineering Design contract with Dredging and Marine Consultants, LLC for of work authorization #3 for the Lakewood Park stormwater improvements 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. T. SUPERVISOR OF ELECTIONS There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. V. UTILITIES ME Regular Meeting Tuesday, November 27, 2018 9:00 AM 1. Holiday Pines Wastewater Treatment Facility Expansion Staff recommends Board approval and authorization for the Chair to execute Masteller & Moler, Inc. Work Authorization #8 for professional engineering services as outlined in the attached scope needed for the design, planning, permitting and bid documents for the Holiday Pines Wastewater Facility Expansion in the amount of $101,525.00. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution - Establishing the Infrastructure Surtax Oversight Committee Staff recommends that the Board approve the draft resolution and authorize the Chair to sign the draft resolution. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 4, 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 an Informal meeting on Tuesday, December 11, 2018 at gam 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, December 18, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 7 1 P a g e 4.A r T. 1 W V E COUNTY F L O R 1 D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Informal Meeting October 9, 2018 Convened: 9:00 AM Adjourned: 12:03 PM CALL TO ORDER - COMMISSIONER HUTCHINSON, CHAIR BOARD OF COUNTY COMMISSIONERS Attendee Name JE JhEL Title Frannie Hutchinson District No. 4, Chair Linda Bartz District No. 3, Vice -Chair Chris Dzadovsky District No. 1 Anthony Bonna District No. 2 AMN& Arrived Present 9:00 AM Present 9:00 AM Present 9:00 AM Present 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 Heather Young Asst. County Attorney Present 9:00 AM Charlotte Bireley County Tourism Manager Present 9:00 AM Peter Jones Business Navigator Present 9:00 AM Don West Public Works Director Present 9:00 AM Leslie Olson Director, Planning & Development Services Present 9:00 AM Erick Gill Public Information Officer Present 9:00 AM Nicole Fogarty Legislative Affairs Manager Present 9:00 AM Glenn Henderson Director, Mosquito Control & Coastal Mgt. Services Present 9:00 AM Chris Craft Brittany Jones Tax Collector Recording Secretary Present 9:00 AM 9:00 AM Present U) W Z LL O J Q O W IL a Q Generated 101301201811:36 AM Packet Pg. 8 4.A BOCC Informal Meeting Tuesday, October 9, 2018 9:00 AM DISCUSSION ITEMS 1. County Economic Incentives Update - Peter Jones, SLC Economic Development Manager Peter Jones, Economic Development Manager, presented this item. He began by explaining the importance of job creation as well as finding a balance of the wages of jobs. He presented data from the Asset Limited, Income Constrained, Employed (ALICE) report which is a study of financial hardship. Then, he touched on the positives and negatives of economic incentives and talked about the competition Florida has with some other states. The Economic Development Manager detailed a few of the programs St. Lucie County has adopted and the positive impacts resulting from those programs. There was a discussion on the economic incentives offered for both the big companies and the smaller companies. Commissioner Townsend expressed concern for the small businesses that would employ less than ten employees. Next, the Economic Development Manager went on to discuss the County's targeted industries list and said that in moving forward, this is something he feels should be assessed. He continued on by highlighting the current incentives recipients and detailed the commitment made to those companies by the County. He emphasized the economic incentives are performance based and provided statistics from the EDC's Economic Impact Analysis on the value and return the County has seen from investing and offering incentives to companies. The Economic Development Manager spoke on the funding, modifications to the targeted list and ways to help the small businesses as items to give consideration to and allow staff to come back with ideas and possible solutions. In summary, he stated the program is working and is a program worth continuing. The Chair asked for the timeframe that staff would bring back the issues. It was discussed this item could be heard at the December informal meeting and that reports from different sources would be made available prior to that meeting. 10:27 AM - Chairman called for a recess 10:43 AM - Meeting reconvened 2. Transit Operations Update - Diana Wesloski, SLC Community Services Director This next item was presented by Murriah Dekle, Transit Manager. She introduced David Rodriguez, the Director of Community Transit and Ron Reekes from Wendel. She began her presentation with background information on St. Lucie County's transit system. It was also highlighted that the program is about 95% grant funded. w F- z LL 0 J Q 0 W IL a Q 2 1 P a g e Packet Pg. 9 4.A BOCC Informal Meeting Tuesday, October 9, 2018 9:00 AM Then, Mr. Rodriguez talked about numbers as they relate to trips provided, fleet size, routes, and ridership. The Transit Manager continued on by stating during the summer the department underwent federal and state audits and conducted a local analysis on the organizational structure with Community Transit. There were a few areas for improvement that were observed. The Transit Manager detailed the three recommendations of policy objectives, a balanced system and new mobility planning. Mr. Rodriguez further expanded on the new mobility planning in terms of how new and emerging technology can play a part. Next, the Transit Manager overviewed the short term and long term goals for the transit department. Also, Mr. Rodriguez detailed the positive impacts the transit system has on the County. There was a discussion on the bus routes and the department's transit development plan (TDP). The Transit Manager concluded by saying they will be back before the Board to present a drafted TDP and updated contract with the master transit provider. Mr. Reekes from Wendel presented information on the new facility for bus maintenance. He began with detailing the site on Selvitz Road and by explaining the information gathering process. Then, he went over the facility test fit that was conducted, the project schedule and the project cost estimate. There were a few questions for clarification. 3. Nonconforming Lot Issues - Leslie Olson, SLC Planning & Development Services Director & Mayte Santamaria, SLC Assistant Planning & Development Services Director The Planning & Development Services Director, Leslie Olson, presented this item. She started off by defining a nonconforming lot and providing examples. It was stated that the Comprehensive Plan and the Land Development Code both work to eliminate or reduce the frequency of nonconforming lots being developed. With updates and changes to the Code, if a nonconforming lot is contiguous to other lots and is under single ownership, then it may be developed. The Planning & Development Services Director stated this has been something that County staff have been trying to resolve for years and she also provided more examples of nonconforming lots that are not able to be developed. The County has a process in place to determine if a lot is a nonconforming lot and research will be conducted after an application is submitted. The Planning & Development Services Director said this issue is not unique to St. Lucie County. Next, she detailed a few options available to help or reduce the frequency of people getting into a situation that involves a nonconforming lot. There was a discussion among the Board on this issue and the options available to alleviate it. There was a consensus that the education component is crucial and a suggestion to reach out to larger counties to see how they are handling this issue. The County Attorney touched on the legal aspect. It was asked the scope of this and staff answered that the number is in the thousands. In in w z U- 0 J Q 0 a a a 3 1 P a g E Packet Pg. 10 4.A BOCC Informal Meeting Tuesday, October 9, 2018 9:00 AM addition, staff talked about an option of staff determination that would allow property owners to re -configure nonconforming parcels. Lastly, there was a suggestion that staff advertise the research process that the County currently has available. 4. Waste Pro Contract Extension - George Landry, SLC Solid Waste Director (Item pulled prior to meeting) S. Electronic Signage - Leslie Olson, SLC Planning & Development Services Director This item was presented by the Planning & Development Services Director and it w :3 was explained this item was requested by Commissioner Townsend. Z Leslie Olson, the Planning & Development Services Director, began by stating the w 0 County's sign ordinance does not allow changeable message signs. She provided the definition of a sign, detailed prohibited signs and gave examples of signs with 0 changeable messages. Next, she explained the differences between a sign and a a billboard and described the conditions required for a billboard to have a Q changeable message. Next, examples were provided of billboards and signs within the County, including one changeable billboard and a bright changeable sign. Then the Planning & Development Services Director went through both the pros and cons of changeable signs. The Board had a discussion on the reasons businesses and churches have asked for changeable signs and some of the issues stemming from those types of signs being allowed. It was pointed out that the City of Fort Pierce and the City of Port St. Lucie allow changeable signs. Also, it was mentioned these signs can be helpful during times of emergencies such as hurricanes or other natural disasters. A few of the Board members felt that public input will be important in making this decision. There was a consensus that more information should be provided about other cities' requirements and restrictions for changeable signs. 6. Tourist Development Tax/AirBnB - Charlotte Bireley, SLC Director of Tourism & Marketing (Item 6 heard first) This item was presented by Charlotte Bireley, the Director of Tourism & Marketing. She began with the history of the tourist tax revenue in St. Lucie County. It was stated the County has a 5% tourist tax that is collected on accommodations rented for six months or less. She provided data on the growth of the tourist tax revenue over the last three years. The Director of Tourism & Marketing said she worked with the Tax Collector's office to collect data pertaining to the breakdown of revenue collected from 4 1 P a g e Packet Pg. 11 4.A BOCC Informal Meeting Tuesday, October 9, 2018 9:00 AM private vacation rentals. In addition, a third -party source called AlltheRooms generated data on the industry trends for private vacation rentals in St. Lucie County and further broke the data down by vacation rental platforms. The four platforms included were AirBnB, Homeaway, TripAdvisor VR and Vacation Renter by Owner (VRBO). The data shows growth since 2016 and that most of the growth is in AirBnB. She stated some listings may be duplicates, as some homeowners list their property on multiple platforms which may skew the total amount. Lastly, the Director of Tourism & Marketing briefly went over options that have been discussed between the Tourism Development Council (TDC) and the Tax Collector. Commissioner Bartz asked a question for clarification on the data on industry trends and the Director of Tourism & Marketing clarified that data represents the total amount of listed vacation rentals. The Tax Collector, Chris Craft, spoke on the complicated situation presented and stated him and his staff have identified a few solutions. He stated that if the Board were to pass an ordinance requiring registration of private vacation rentals then he could begin to build a database as a starting point. Additionally, a position for a compliance officer would allow for enforcement and the possibility of using in-house software for tracking would reduce costs. There was a discussion on the State obligation the Tax Collector has to perform audits, the idea of creating a registration, the ongoing lawsuits between AirBnB and several Florida counties, and the impact of homesteaded properties as private vacation rentals. The Tax Collector recommended setting standards that the homeowners would agree to when they register. The County Attorney presented the Board with two options; one option is to draft an ordinance requiring registration and the other option is to direct the Tax Collector to enter into an agreement with AirBnB. The Tax Collector expressed that he does not recommend signing the agreement with AirBnB. There was a consensus to begin a registration that includes a standard of guidelines and to gather more information on the other 40 counties in regards to this. The Board would also like to have a detailed update on the lawsuit status. 7. FEMA/Beach Funding - Ron Parrish, SLC Public Safety Director (Item pulled prior to meeting) ADJOURNMENT 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. in w z U_ 0 J Q 0 W a a a 5 1 P a g e Packet Pg. 12 4.6 T. LU1WE COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 13, 2018 Convened: 6:01 PM Adjourned: 8:20 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4, Chair Frannie Hutchinson Attendee Name Frannie Hutchinson 1W Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 District No. 2 atus A d Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Anthony Bonna Present Present 6:00 PM 6:00 PM Cathy Townsend District No. 5 Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Jeffrey Bremer Deputy Administrator Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Stan Payne Director of Port & Airport Present 6:00 PM Jennifer Hill Office of Management and Budget Director Present 6:00 PM Amy Griffin Environmental Resources Director Present 6:00 PM Amanda Thompson Sr. Lands Stewardship & Outreach Coordinator Present 6:00 PM Linda Pendarvis Planner Present 6:00 PM Kori Benton Senior Planner Present 6:00 PM Peter Jones Business Navigator Present 6:00 PM Erick Gill Brittany Jones Communications Division Director Present 6:00 PM Recording Secretary Present 6:00 PM W Z 2 W 0 J Q O d a Q Generated 1111512018 3:35 PM Packet Pg. 13 4.13 Regular Meeting Tuesday, November 13, 2018 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A motion was made to approve all sets of minutes and the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. Board of County Commissioners minutes for the meeting of Tuesday, September 11, 2018 B. Board of County Commissioners minutes for the meeting of Thursday, September 20, 2018 C. Board of County Commissioners minutes for the meeting of Tuesday, October 02, 2018 D. Board of County Commissioners minutes for the meeting of Tuesday, October 16, 2018 5. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming the month of November 2018 as "Alzheimer's Disease Awareness Month" 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 Robert Gorman, Vice -Chair Board of Directors, and Mary Barnes, President & CEO of Alzheimer's Community Care. Mr. Gorman accepted the proclamation with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend F w F_ z LL O J Q O W a a Q 2 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 B. Resolution - Proclaiming the month of November, 2018 as "National Hospice and Palliative Care Month" 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 Brian Beaty, volunteer with Treasure Coast Hospice, who accepted it with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend C. A resolution proclaiming November 10-18, 2018 as "National Hunger and Homelessness Awareness Week" and commending CareBag, Inc. and Grace Way Village for their efforts to assist the Homeless 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 Cathie Mouring, Sean Hennessey, Wendy Rhyant, and Paula Lewis from Grace Way Village and Rozanne Brown and Mark Cunningham from Carebag, Inc. Cathie Mouring, Executive Director of Grace Way Village and Rozanne Brown, CEO of Carebag, Inc. 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 D. Resolution - Proclaiming November 17, 2018 as "Take a Hike Day" and declaring support for the Healthy St. Lucie Coalition's Billion Steps Challenge in St. Lucie County, FL 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 Amy Griffin, Environmental Resources Director, Mike Middlebrook, Natural Resources Manager and Amanda Thompson, Sr. Lands Stewardship & Outreach Coordinator. Amy Griffin accepted the proclamation with gratitude and thanked the Board. Then, the Environmental Resources Director introduced Amanda Thompson to give a presentation. (See Item 7.A.) 3 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 6. PUBLIC COMMENT (excluding Public Hearing items) (Item heard after item 7.A. - Presentation) Chairman Hutchinson opened the meeting for public comment at this time. There being no one wishing w to address the Board, Chairman Hutchinson closed public comment. :3 z r- 7. PRESENTATIONS o J Q A. Take a Hike with St. Lucie County's Guided Nature Programs - Amanda Thompson, SLC Sr. 0 Lands Stewardship & Outreach Coordinator a a Q (Item heard before item 6. - Public Comment) Amanda Thompson, Sr. Lands Stewardship & Outreach Coordinator, gave a presentation promoting the Environmental Resources Department's "Take a Hike Day" event. She began with the history of the preserves and parks that the County owns and operates. She went on to describe the different hikes offered and presented some photos of people enjoying their hikes. Ms. Thompson highlighted there are many hands-on activities during the hikes. She also said they offer paddle tours, paddle boarding and will soon be offering glass bottom boat tours. The program team was recognized including the hike leaders and dedicated volunteers. Ms. Thompson detailed the 2017-2018 season highlights and their goals for the upcoming year. Lastly, she provided details on the upcoming event which will be held on November 17, 2018 and is free for anyone ages 8 and up. She stated registration and more information can be found on their website. 8. CONSENT AGENDA Chairman Hutchinson singled out items 8.D.7. (Resolution - A resolution supporting Florida Turnpike Enterprise) and 8.D.9. (Aero Shade Technologies, Inc. - Termination of Lease Agreement) for comment. A motion was made to adopt the consent agenda and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 4 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 A. WARRANTS 1. Warrant Lists 54, 55, 2, 3, 4 & 5 B. ADMINISTRATION 1. Resolution to Authorize The St. Lucie County Commission to Participate in a Joint Meeting with the Indian River County Commission and the Martin County Commission to Discuss and Plan Matters of Mutual Interest; and Providing for an Effective Date 2. Grant Contract With Economic Development Council 6 w 3. Appointment to the Historical Commission Z C. AIR & SEA PORT 0 J 1. Resolution - SJPA Acceptance- Fisherman's Wharf Bulkhead & Dredging o W 2. Treasure Coast International Airport - Consider Consent to Proposed Hangar Sublease a between Fort Pierce FBO, LLC and FlyteMe Aviation, LLC Q D. COUNTY ATTORNEY 1. Treasure Coast Research and Education Park - Parcel ID 2314-800-0001-000-3 - Sunshine Kitchen - FPUA Water Line Easements 2. Treasure Coast Research and Education Park - Parcel ID 2314-800-0001-000-3 - Sunshine Kitchen - FPUA Gas Line Easement 3. Sunshine Kitchen - FPUA Annexation Agreement 4. Resolution - Right -of -Way Donation - 40 feet on Brocksmith Road - Emma Viamontes - Parcel ID 2329-501-0018-000-3 5. Permission to Advertise - Notice of Public Hearing - Abandonment of a portion of Poinsetta Avenue right-of-way from Australian Avenue north to Wildwood Avenue 6. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma 7. Resolution - A resolution supporting Florida Turnpike Enterprise plans for improvements at the Okeechobee Road Interchange and development of a new turnpike interchange at Midway Road in St. Lucie County, Florida 8. Resolution - Award of the 2018/19 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab 9. Aero Shade Technologies, Inc. - Termination of Lease Agreement 5 1 P a g e Packet Pg. 17 4.13 Regular Meeting Tuesday, November 13, 2018 6:00 PM 10. Resolution - Approving Facilities Use Agreement with WIRA Christmas Kids, Inc. 11. Contract for Consulting / Professional Services for CDM Smith, Inc. 12. Permission to file suit to foreclose on the owners of 1008 Shorewinds Drive, Fort Pierce, FL 13. Deferred Compensation Program - Agreements with TIAA CREF E. COMMUNITY SERVICES 1. Award of Bid No. 18-060, Bus Shelter Maintenance z 2. FY19 Federal Transit Administration (FTA) 5311 Grant Acceptance 2 U_ O 3. FY19 Florida Department of Transportation (FDOT) Block Grant Budget Resolution Q 4. Resolution - Granting Authority to the Escambia Housing Finance Authority (HFA) to W operate its Single Family Mortgage Revenue Bond Program within St. Lucie County. a- Q 5. FY18 HOME Funding Allocation F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES 1. St. Lucie Rivers Issues Team Grant for DJ Wilcox Wetland/Pond Restoration 2. Wesley's Island Phase II Indian River Lagoon License Plate Grant 3. Resolution - Walton Preserve Tower Phase I - FIND Grant 4. Budget Resolution — Indian River Lagoon National Estuary Program grant funding — St Lucie Water Champions 5. Budget Resolution — Florida Humanities Council Grant Award 6. Budget Resolution —Volunteer Florida Grant Award H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES There are no items scheduled. 6 1 P a g e Packet Pg. 18 4.13 Regular Meeting Tuesday, November 13, 2018 6:00 PM J. INFORMATION TECHNOLOGY 1. Commercium Technology, Inc Google Application Contract Amendment K. LIBRARY SERVICES There are no items scheduled. L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. w M. OFFICE OF MANAGEMENT & BUDGET M z There are no items scheduled. o N. PARKS & RECREATION J > O 1. First Data Field Maintenance Building & Pole Barn Proposed Renovation Project a Q O. PLANNING & DEVELOPMENT SERVICES a There are no items scheduled. 0 1. Hurricane Irma Federally Funded Public Assistance State Agreement Q. PUBLIC WORKS 1. RES - Lakewood Park HMGP Grant Application 2. Award Bid No. 18-071 - Christensen Road at North St. Lucie River Water Control District (NSLRWCD) Canal 102 Culvert Replacement and Slope Repair 3. Award Bid No. 18-072 - Verada Ditch Repair Calmoso Section 4. Gordy Road Bridge over Ten Mile Creek Project R. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation 2. Resolution - Authorization to accept the 2018 Bulletproof Vest Partnership (BVP) Grant 3. Law Enforcement Impact Fee Request 7 1 P a g e Packet Pg. 19 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 4. Budget Amendment for Miscellaneous Income for budget year ended September 30, 2018. S. SOLID WASTE 1. Ratification of Emergency Work Authorization #2 - Red Tide Debris Removal T. SUPERVISOR OF ELECTIONS There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION w Z There are no items scheduled. 2 U_ O V. UTILITIES Q There are no items scheduled. a a Q 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Amending Section 8.02.02 of Land Development Code, Paragraph J - Particular Temporary Uses Permitted This item was presented by Assistant County Attorney, Katherine Barbieri. On April 7, 1998, the St. Lucie County Board of County Commissioners adopted Ordinance No. 1998-002 which provided for the creation of paragraph (J) authorizing special vehicle and boat sales events on -sites not approved for the permanent display. Since the adoption of the code, County staff has received complaints that this temporary use has issues. The complaints were in regards to garbage, salespeople sleeping on -site, and banners. There were complaints on the usage of more spaces than allowed per the permit. The offsite temporary vehicle and boat sales use an extraordinary amount of parking spaces as a space is required for the item being sold and a space for the customer. Additionally, if the customer trades in a vehicle a space is required for the trade in. The complaints in regards to offsite vehicle and boat sales raise public health safety concerns. To protect the health, safety and welfare of the citizens of the County, an amendment is needed to assure orderly use of property and to protect the safety of motor vehicles, bicycles, pedestrians and the vendors at temporary special vehicle and boat sale events. This ordinance would restrict the number of days of the sale, limit the percentage of excess parking that can be used to 15%, provide that they have to have temporary sanitary facilities and their own garbage, provide the calculations to demonstrate that the event does not exceed the amount of 15%, and provide handicap parking spaces. 8 1 P a g e Packet Pg. 20 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 _11 C. This ordinance went before the Planning & Zoning Commission on October 18, 2018 and it was unanimously approved. This was the first of two public hearings. Staff recommended the Board approve a second hearing on December 4, 2018 to hear the proposed draft ordinance. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve a second hearing on December 4, 2018 at 6:00 pm or as soon thereafter, to hear the proposed draft ordinance. The motion was seconded and 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 OFFICE OF MANAGEMENT & BUDGET 1. Resolution - Fiscal Year 2017-2018 Budget Amendment The OMB Director, Jennifer Hill, presented this item. Before the fiscal year 2018 books are closed, the budget needs to be amended to cover insufficient accounts. This resolution establishes the fiscal year 2018 budget for unanticipated revenue totaling $876,671 and moves money between accounts. This public hearing was advertised on November 8, 2018. Staff recommended Board approval of budget resolution amending the fiscal year 2017- 2018 budget. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend PLANNING & DEVELOPMENT SERVICES 1. Resolution - Harbour Ridge Gilson Tower Conditional Use Permit for a 100-foot telecommunication tower within the Harbour Ridge Planned Unit Development (PUD) Zoning District Linda Pendarvis, St. Lucie County Planner, presented this item. The applicant's attorney, Mary Solik, submitted a request on October 31, 2018 for a continuance from the 9 1 P a g e Packet Pg. 21 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.B November 13, 2018 meeting to the March 2019 meeting. She stated staff is in support of the request. Commissioner Bartz and Commissioner Townsend both said they will support the continuance but that it will be the last time they support a continuance. Commissioner Bonna asked staff to clarify a legal aspect of this item. The Assistant County Attorney provided clarification. Commissioner Dzadovsky commented on the application process and asked staff questions on the application fees. He is in support of allowing the applicant to submit a new concurrent application and to waive the application fees (the waiver would not W include fees for review from experts, engineers and outside consultants) and the Commissioner inquired if the Board would be in support of this. Z U- The Chair had the County Attorney clarify the process should the applicant submit a new O application. O There was further discussion between the Board, the Planning & Development Services a Director and the County Attorney for clarification purposes and suggestions. a- Q The County Attorney stated if the Board intends to continue the public hearing, quasi- a judicial disclosures are not required. He stated if the Board intends to proceed with a g decision then it is necessary for disclosures. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Stephen Lochner, resident of St. Lucie County, expressed his thanks to the Board and staff for listening to the residents and urged the Board to do what they can for better communication from the applicant, • Brian Clark, resident of Riverbend, expressed his concerns and offered a suggestion, • Gary Oldehoff, attorney representing the applicant, commented on the unusual situation that the applicant is not present to answer questions and stated he agrees with the County Attorney's stance on this item. He urged the Board to grant the continuance. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. There were no further comments from the Board at this time. An amended motion was made to continue the public hearing to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard, with the understanding that the Board will not consider any further continuances on the application as it has been submitted (if the application is not withdrawn, the Board will proceed with a decision on that date) and to further waive future cost of a new application (this does not waive any 10 1 P a g e Packet Pg. 22 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 outside consultants, experts or engineers who would have to review the application). The motion was seconded and it passed unanimously. The public hearing was continued to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Resolution - Harbour Ridge Gilson Tower Variance from Section 7.10.23(N) Telecommunication Tower Siting separation/height of the required 750 foot from a LU habitable residential structure and from vacant residentially zoned land for a 100 foot Z tower. 2 U_ The Planner stated the applicant's attorney, Mary Solik, submitted a request on October 0 J 31, 2018 for a continuance from the November 13, 2018 meeting to the March 2019 meeting. 0 a Chairman Hutchinson opened the hearing for public comment at this time. There being Q no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. The motion to continue was seconded and it passed unanimously. The public hearing was continued to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. River Vista - Future Land Use Map Amendment from COM (Commercial) to RH (Residential High- 15 du/ac) This item was presented by Kori Benton, Senior Planner. 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. These petitions were noticed via an ad in the local newspaper on November 2, 2018, a sign was posted on the property and notices were distributed to owners within 500 feet of the property of the petition site. 11 1 Packet Pg. 23 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 The property is a 12.56-acre parcel located at the northeast corner of Indrio Road and US Highway 1. The location and surrounding properties were detailed. 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 uses 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. 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. The Board of County Commissioners, at their August 7, 2018 meeting, voted unanimously to transmit the proposed Future Land Use Map Amendment to the State Department of Economic Opportunity (DEO) and surrounding jurisdictions. The Senior Planner stated the DEO and corresponding agencies have reviewed the proposed comprehensive plan amendment and have issues notice of no formal comment on the proposed amendment. Staff recommended the Board adopt Ordinance 18-011 authorizing the requested Comprehensive Plan Future Land Use Map Amendment. Commissioner Townsend had questions on the utilities. She requested a meeting between herself and staff for further discussion. Commissioner Dzadovsky had questions and concerns. There was a discussion between the Board and staff on the final result of the product, drainage concerns and on whether this item will be back before the Board. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Dennis Murphy, from Culpeper & Terpening and representative of the applicant, stated the applicant is committed to offering the highest value product they can. He spoke of preliminary layout plans and the characteristics of the site. He also answered questions from the Commissioners. He respectfully asked for approval, • David Black, 4747 N. Old Dixie Highway, submitted a letter for the record and expressed his general concerns and concerns pertaining to the wildlife preserve. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. The Chair asked the Senior Planner a follow up question on if this item would come back to the Board. The Senior Planner stated any proposal of 50 site dwellings or more would 12 1 Packet Pg. 24 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 be brought back before the Board. He further stated a proposal of less than 50 site dwellings would be considered a minor site plan and would not be subject to Board approval. The Chair stated they will follow up with Mr. Black on his questions. Commissioner Townsend said she will contact the residents and set up a meeting with staff. There were no further comments from the Board at this time. A motion was made to approve staff recommendation 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 4. Resolution - Rezoning: River Vista Property from CG (Commercial General) Zoning District to RM-11 (Residential, Multiple -Family —11 du/ac) Zoning District (This Item was heard in conjunction with item 9.C.3.) The Senior Planner presented this item in conjunction with Item 9.C.3. The applicant is requesting a change in zoning of the parcel from the CG (Commercial General) Zoning District to the RM-11 (Residential - 11 du/ac). The subject property is located at the northeast corner of Indrio Road and North US Highway 1, and is 12.56 +/- acres in size. A concurrent application for a large-scale amendment to the Future Land Use Map, of the St. Lucie Comprehensive Plan, from COM (Commercial) to RH (Residential High- 15 du/ac) is also being reviewed and processed. The zoning amendment is contingent on the approval and effectiveness of the Future Land Use Map. The stated purpose of the requested amendments is to develop the property as a residential community in the future, which is a permitted use in the proposed RM-11 zoning district. Staff recommended that the Board approve the presented resolution as the rezoning is consistent with the Standards of Review identified in Section 11.06.03 of the Land Development Code, and is consistent with the goals, objectives and policies of the Comprehensive Plan, provisioned upon adoption of the concurrent request for Future Land Use Map Amendment from COM (Commercial) to RH (Residential High) for the subject site. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures. It was noted: • Chairman Hutchinson stated she spoke to Mr. Black and received his letter • Commissioner Townsend stated her aide spoke to Mr. Black and received his letter 13 1 P a g Packet Pg. 25 Regular Meeting 4.13 Tuesday, November 13, 2018 6:00 PM • Commissioner Bonna stated his aide spoke to Mr. Black and received his letter • Commissioner Dzadovsky stated he spoke to staff and the applicant's representative, received a phone call from Mr. Black and received Mr. Black's letter • Commissioner Bartz received Mr. Black's letter Chairman Hutchinson opened the hearing for public comment at this time. Dennis Murphy, from Culpeper & Terpening and representative of the applicant, asked the Board for approval. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. 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 5. Major Adjustment to Conditional Use Permit — Treasure Coast International Airport (TCIA) St. Lucie County MRO Hangar - 3191 Jet Center Terrace This item was presented by Kori Benton, Senior Planner. The applicant, St. Lucie County, and representative, Bobby Palm, PE, of AVCON, proposer a Major Adjustment to the existing Conditional Use for the Treasure Coast International Airport (TCIA). The proposed adjustment includes development of a 31,500 sq. ft. Airplane Maintenance, Repair and Overhaul (MRO) facility which encompasses a 28,500 sq. ft. hangar (59ft. - 5in. in height) and 3,000 sq. ft. office building. The 10.12-acre site is zoned U, Utilities and designated as T/U - Transportation Utilities by the Comprehensive Plan. The site, a subset of a larger parcel, is predominantly vacant consisting of unutilized segments of Taxiways "D" & "E". The site is located adjacent to an extension of Jet Center Terrace, at approximately 3191 Jet Center Terrace. Both petitions were noticed in the Treasure Coast Scripts newspaper on November 2, 2018. A sign was posted on the property and notices were mailed out to property owners within 500 feet of the property. The TCIA is an existing "Conditional Use," as designated by Section 3.03.03W.7.a. Airports (458) of the Land Development Code (LDC), with respect to the underlying zoning designation of U, Utilities. The proposed facility design diverges from the adopted Airport Layout Plan (ALP); therefore, is classified as an adjustment to the Conditional Use in accordance with Section 11.07.05 of the LDC. The Adopted ALP (2011), exhibit displaying the proposed reconfiguration of building layout, and Draft ALP (currently undergoing updates) are available for reference. The in w D z U_ 0 J 0 a a Q 14 1 P a F, e Packet Pg. 26 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.6 County is engaged in an initiative to update the Airport Master Plan, which includes assessment of the adopted Airport Layout Plan for any necessary or appropriate adjustments. The proposed hangar, presented at a height of 59 ft. - 5 in., is subject to a concurrent variance request by the Board of County Commissioners in accordance with Section 8-15 of the St. Lucie County Code of Ordinances as it exceeds the allowable 40 ft. maximum of the U, Utilities zoning district and T/U - Transportation Utilities land use designation. It was stated approval of the Major Adjustment to Conditional Use Permit was subject to conditions that were detailed by the Senior Planner. w Staff recommended the Board approve the major adjustment to the Treasure Coast Z International Airport (TCIA) conditional use permit for the subject development project, 2 U_ subject to conditions. o J Commissioner Dzadovsky had a couple questions and the Senior Planner stated staff o from the airport division are available to answer questions. a a Chairman Hutchinson opened the hearing for public comment at this time. Q Jeremiah Johnson, St. Lucie County Facilities Manager, thanked all County staff and expressed his excitement for the MRO Hangar. He answered the questions from Commissioner Dzadovsky. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. Chairman Hutchinson noted this item was quasi-judicial and asked for the Commissioners' disclosures. It was noted: • Commissioner Dzadovsky stated he spoke with staff • Chairman Hutchinson stated she had no disclosures • Commissioner Townsend had no disclosures • Commissioner Bartz had no disclosures • Commissioner Bonna had no disclosures There were no further comments from the Board at this time. A motion was made to approve staff recommendation and it passed unanimously. 15 1 Page Packet Pg. 27 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.6 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 6. Resolution - St. Lucie County MRO Hangar Variance from Section 7.04.01 (Table 7-10) Maximum Building Height of the U, Utilities Zoning District & Policy 1.1.1.1 - Maximum Height within the T/U Transportation/Utilities Future Land Use (This Item was heard in conjunction with item 9.C.5.) The Senior Planner presented this item in conjunction with Item 9.C.5. The applicant, St. P Lucie County, and representative Bobby Palm, PE, of AVCON, are requesting a Variance z_ from the Airport Primary Guiding Documents, in accordance with Section 8-15 of the St. U_ Lucie County Code of Ordinances. Specifically, the applicant is requesting a variance to 0 J Land Development Code (LDC) Section 7.04.01 Maximum Building Height of the U, Utilities Zoning District of 40ft. and Policy 1.1.1.1 - Maximum Height of 40ft within the 0 T/U Transportation/Utilities Future Land Use. The request is proposed to develop a a. 31,500 sq. ft. Airplane Maintenance, Repair, and Overhaul (MRO) facility with a height of Q 59ft. - 5in., above the maximum height of forty (40) ft. a The 10.12-acre site is located within the U, Utilities zoning district and is designated T/U - Transportation Utilities within the Comprehensive Plan Future Land Use Map. The site, a subset of a larger parcel, is predominantly vacant consisting of unutilized segments of Taxiways "D" & "E" and cleared land. The site is located adjacent to an extension of Jet Center Terrace, at approximately 3191 Jet Center Terrace. The proposed variance is coupled with a petition for a Major Adjustment to the existing Conditional Use for the Treasure Coast International Airport (TCIA). Staff recommended approval of the requested variance, in accordance with Section 8-15 of the St. Lucie County Code of Ordinances, based upon special conditions and unique circumstances for this aviation related development proposed to serve the Treasure Coast International Airport, consistency with the Airport Overlay Zone and Zone Height Limitations, alignment with the Draft Airport Layout Plan (2018), and general consistency with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. 16 1 P a g Packet Pg. 28 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.6 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 7. True Stone Masonry Concrete Product Manufacturing (Small-scale) - Conditional Use Permit Kori Benton, Senior Planner, presented this item. The applicant, True Stone Masonry, is requesting a Conditional Use Permit to allow for specialty concrete product manufacturing within an existing 6,000 sq. ft. light -industrial facility situated on a .69- acre property located at 7324 Commercial Circle, Fort Pierce. The site is located within the Kings Highway Industrial Park, zoned Industrial Light and has a future land use designation of Towns Villages and Countryside (TVC). This petition was noticed in the St. Lucie Tribune on November 2, 2018, a sign was posted on the property and notices were mailed out to property owners within 500 feet of the site. True Stone has identified this site to serve as their business headquarters, for operations specializing in custom stone and architectural concrete products encompassing design, fabrication, and off -site installation. The proposal seeks to repurpose an existing facility to provide for storage of manufacturing ingredients, manufacturing space for production of concrete and stone products, racks for curing and staging of finished products, and support offices. The Conditional Use plan includes improvements to the property include fencing, landscaping, restriping of the parking lot, exterior and interior building repairs. The Conditional Use request is eligible within the Industrial Light district, at this site, based upon PDS Order 18-042 which issued a determination to allow a subset of SIC Code (3272), manufacturing of consumer concrete products, as a conditional use request at this site within the Industrial Light, IL zoning district, subject to minimum operational requirements. The Planning & Zoning Commission had an opportunity to review the proposed Conditional Use Permit at the meeting on October 18, 2018 and unanimously voted to recommend approval. It was stated approval of the Conditional Use Permit was subject to conditions that were detailed by the Senior Planner. Staff recommended the Board approve the conditional use request subject to conditions presented within the staff report and resolution. There were questions on the fence and the Senior Planner provided answers. Commissioner Townsend had a couple questions that the Senior Planner answered. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures. It was noted: 17 1 P a g Packet Pg. 29 4.13 Regular Meeting Tuesday, November 13, 2018 6:00 PM • Commissioner Dzadovsky stated he spoke with staff • Commissioner Bartz stated she spoke with staff • Chairman Hutchinson stated she had no disclosures • Commissioner Townsend had no disclosures • Commissioner Bonna had no disclosures Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: a w E- • Troy Smith, the applicant, spoke and presented examples of some of his work. Z He stated his company does not mass-produce items, will not be loud or 2 U_ detrimental and will improve the property, O J • Peter Jones, St. Lucie County Economic Development Manager, stated True > O Stone Masonry is an example of a small business that the County has been able a to assist through the permit process. Q There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. Commissioner Bartz had a couple questions for the applicant. He answered her questions. There were no further comments from the Board at this time. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [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. Paula A. Lewis Library (Rosser Library) - Roof Repairs - Settlement Agreement This item was presented by Katherine Barbieri, Assistant County Attorney. On June 18, 2013 the Board approved a contract for the purchase of a building located at 2950 Rosser Boulevard for use as a future library facility. The building was previously used as a City of Port St. Lucie Police substation and required major renovations in order to function as a County library. 18 1 Packet Pg. 30 4.6 Regular Meeting Tuesday, November 13, 2018 6:00 PM One of the renovations required was the replacement of the roof. On January 26, 2016, the Board awarded Bid No. 16-003 (replacement of roof) to Therma Seal Roof Systems, LLC in the amount of $158,100.00. Approximately six months later, on June 7, 2016, the Board awarded the building renovation project to Anatom Construction Company (Anatom). At the time of purchase, former Facilities management determined that in order to protect the integrity of the building a new roof needed to be installed ASAP. The search for contractor for the interior renovation took place after this. Unfortunately, during the course of the renovation project, one of Anatom's subcontractors damaged the newly installed roof. Since the County's contract was with Anatom (not Anatom's subcontractor), the County filed a claim with Anatom and UJ Anatom's bonding company for repair/replacement of the roof and for continuation of Z the 20-year warranty. Anatom filed a claim for reimbursement from Anatom's 2 U- subcontractor and the subcontractor's insurance carrier. The County also hired a roof o expert and contacted the roof manufacturer to determine the scope of the repairs needed to fix the roof and continue the 20-year warranty. Ultimately, a roof repair 0 protocol was agreed to by the roof manufacturer. On August 1, 2018, the Board a approved a contract with Therma Seal Roof Systems, LLC (as recommended by the Q manufacturer) to repair the roof. The roof has now been repaired and the 20-year a warranty is in effect. The parties (the County, Anatom, Anatom's subcontractor's insurer) entered into settlement discussions which resulted in a proposed settlement. We proposed a settlement with Anatom in exchange for full and final releases as between Anatom, its sub and the County, whereby the parties would agree to release any and all claims. In exchange for that agreement, the contractor's carrier shall reimburse the County for all damages including: Therma Seal Expert Expenses Attorneys Fees/Costs Attorneys Fees/Costs Total Amount Due St. Lucie Account $67,000 $18,198.13 $15,941.00 thru 7/25 $5,062 between 7/25 and 10/2 $106,201.13 to be paid to Ciklin Lubitz Trust As to closing out the Contract with Anatom, Anatom agrees that once Anatom furnishes the County's attorney with all final waivers and releases for every sub on the Final Contractor's Affidavit, and pays half of the Rosser AS Architect's fee in the sum of $12,193.75, then the County will release the total amount of retainage in the sum of $182,124.18. In the alternative, Anatom may have the County take the $12,193.75 out of the retainage and issue the balance of $169,930.43. This would close out the Contract with Anatom and reimburse the County for its damages incurred. 19 1 P a g Packet Pg. 31 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.6 Staff recommended the Board approve the settlement and authorize the Chair to sign all documents as prepared by the County Attorney's office necessary to effectuate the settlement. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Sierra vs. St. Lucie County - Settlement Offer Dan McIntyre, the County Attorney, presented this item. The County was sued in federal court by Eddie Sierra, a person who is allegedly hearing impaired. There is a copy of the Complaint. Mr. Sierra alleges that the County's website does not comply with the Americans Disability Act (ADA) as some of the documents (PDF's) are not accessible by hearing impaired persons. Mr. Sierra and the law firm representing him have sued a number of other local governments in the state over similar issues. Mr. Sierra's attorney has submitted a proposed settlement offer to the County for consideration. The offer proposes a payment of $1,000.00 to Mr. Sierra as well as a payment of $8,000.00 to Sierra's attorneys. The offer would release the County from any alleged past violations and would require the County to ensure that any documents put on the website prospectively if the settlement is approved are accessible by hearing impaired persons. Independent of the lawsuit, the County's Communications Division Director has investigated different firms that could assist the County with a review/remediation of the County's website. As a result of this investigation, the County is finalizing an agreement to assist the County in remediating the County's website. In analyzing a settlement offer it is helpful to review a "best -case - worst -case" scenario. In the "worst -case" a judge would award Sierra damages in his claim against the County. The County would also be responsible for payment of Sierra's attorney's fees and costs which are estimated to be $75,000.00. In a "best -case" scenario a judge would enter a judgment in favor of the County and Sierra would recover nothing. Even if the judge enters into a judgment in favor of the County the cost to defend the case is estimated to be $60,000.00. It appears that the County's website is compliant with ADA requirements. Certain "PDF" documents that have been included on the website may not be accessible by hearing impaired persons. The County is finalizing an agreement with a firm to remediate these documents and future documents. Staff believes that the County's resources would be better spent on making the website ADA compliant. The County's special counsel recommends that the County accept the proposed settlement offer from Sierra. County staff concurs with this recommendation. Staff recommended that the Board approve the proposed settlement offer from Sierra in the amount of $9,000.00 and budget amendment for the County Attorney FY 2019 budget. w D z 2 U_ 0 J a 0 a a Q 20 1 P a g e Packet Pg. 32 Regular Meeting Tuesday, November 13, 2018 6:00 PM 4.13 Commissioner Dzadovsky asked how a PDF can be inaccessible to someone who is hearing impaired. The Communications Division Director, Erick Gill, answered by stating this item is in regards to closed -captioning on the videos that are made available on the website. He further stated the system for videos is in the improvement process that will eliminate this problem in the future. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special meeting on Wednesday, November 14, 2018 at 6pm in the Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL on RFQ No. 18-049 Operation & Development of the Former Indian River Terminal at the Port of Fort Pierce. B. The Board of County Commissioners will hold their Annual Reorganization meeting on Tuesday, November 20, 2018 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on Thursday, November 22 and Friday, November 23 in observance of Thanksgiving. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 27, 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 a a Q 21 1 Packet Pg. 33 11/09/18 FZABWARR FUND TITLE 001 001575 001585 001597 001600 101 102 102001 107 107001 107006 107193 115 129 130 130228 140 160 183 183001 189114 189203 190 191 310001 310006 316 316001 321 401 418 471 491 505 505001 611 620 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #6.- 03-NOV-2018 TO 09-NOV-2018 FUND SUMMARY General Fund Metropolitan Planning / Sec 5305d CSBG 2017 Continuum of Care Grant Veterans Section 112/MPO/FHWA Plan FY18/20 Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur F&F Fund -Court Related Technology SCAAP 2016 Sheraton Plaza Fund Parks MSTU Fund SLC Public Transit MSTU FCTD Local Program Administration Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Home Consortium FY 2017 Hardest Hit fund Advisor Services Sports Complex Fund SLC Sustainability District Impact Fees -Library Impact Fees -Transportation County Capital 5th Cent Fuel -Capital Capital Imp Rev Bonds 2015 Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Enforcement Trust Fund Medical Examiner Agency Fund Bank Fund GRAND TOTAL: EXPENSES 1,761,165.37 112.45 14,932.00 136.70 1,002.60 30,722.49 7,884.58 0.00 28,730.09 26,534.08 2,718.69 2,033.60 605.06 200.00 558.64 220.68 876.95 2,642.88 6,399.50 720.00 2,200.00 6.48 33,298.31 6,925.41 1,615.92 5,175.69 46,290.00 4,250.00 2,053.00 85,733.26 8,840.55 126,397.48 22.50 72,841.22 5,402.91 55,041.77 79,000.00 96,254.05 208.34 2,519,753.25 PAGE PAYROLL 413.06 0.00 0.00 0.00 0.00 0.00 801.84 801.82 413.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 0.00 3,226.58 F H Z a 53 Packet Pg. 34 8.A.1 11/16/18 FZABWARR FUND TITLE 001 001469 001512 001575 001576 001585 001591 001594 001595 001596 001597 001600 001823 101 101001 102 102001 102116 103 107 107001 107002 107006 129 130 130129 130228 140 140001 150 160 183 183001 183006 184001 185018 189113 189114 189203 190 191 310001 310002 321 324200 363 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #7.- 10-NOV-2018 TO 16-NOV-2018 FUND SUMMARY General Fund EMPA FY 19 Neighborhood Stabilization Program Metropolitan Planning / Sec 5305d Support Services for Veterans CSBG 2017 CDBG Small Cities USDA Kitchen Equipment Grant Continuum of.Care Grant Family Continuum of Care Grant Chronic Continuum of Care Grant Veterans Section 112/MPO/FHWA Plan FY18/20 INTACT Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU IRL-Paradise Park Phase5-System4 Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FFY16 5307 Transit Oper & Maint FCTD Local Program Administration Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2017/2018 Home Consortium 2016 Home Consortium FY 2017 Hardest Hit fund Advisor Services Sports Complex Fund SLC Sustainability District Impact Fees -Library Impact Fees -Parks Capital Imp Rev Bonds 2015 FDOT - Airport Expansion MRO Sports Complex Capital Project Fund Sanitary Landfill Fund Golf Course Fund EXPENSES 1,699,787.09 241.95 0.00 0.00 0.00 1,367.74 0.00 2,016.92 6,710.00 12,921.00 12,933.40 3,191.62 0.00 763,991.35 0.00 19,059.63 12,428.64 58,403.00 27,843.62 300,965.55 120.50 0.00 1,107.31 152,984.03 11,806.92 0.00 306.00 23,476.98 5,035.86 300.00 2,666.20 908.12 300.00 13,592.98 8.40 248.61 60,008.08 706.34 393.50 51,015.12 20,595.00 6,356.65 3,177.50 457,869.40 22,113.00 26,301.65 184,879.90 12,921.34 PAGE PAYROLL 636,536.70 0.00 2,284.91 1,654.71 1,549.62 4,135.64 2,386.74 0.00 135.74 216.82 190.03 11,838.47 717.06 138,843.08 _ 1,720.82 74,539.47 20,941.76 0.00 a 0.00 184,318.83 8,423.52 5,569.40 to 13,021.74 0.00 y 2,954.46 J 3,355.20 i 1,175.45 19,578.11 7,516.80 c 0.00 C 3,314.40 4,971.33 0.00 E 0.00 0 2,006.40 V 502.84 0.00 1,549.45 0.00 23,006.59 0.00 0.00 0.00 0.00 0.00 0.00 87,399.59 21,248.04 125 Packet Pg. 35 11/16/18 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #7.- 10-NOV-2018 TO 16-NOV-2018 FUND SUMMARY FUND TITLE 471 Water & Sewer District Operations 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Medical Examiner Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 159,387.55 1,325.47 57,682.97 209.66 0.00 10,234.39 1,134.56 17,327.44 59,694.19 4,288,057.13 PAGE 2 PAYROLL 17,047.62 49,301.70 0.00 3,731.73 3,997.61 6,265.69 0.00 0.00 0.00 1,367,948.07 126 Packet Pg. 36 8.D.1 ITEM NO. (ID # 5601) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 11/27/2018 *CONSENT AGENDA\COUNTY ATTORNEY Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma On September 4, 2017, the Governor of the State of Florida issued Executive Order 17-235 declaring a state of emergency for the entire State of Florida. The National Hurricane Center had identified Hurricane Irma and had issued a hurricane warning for the east coast of Florida, including St. Lucie County. The Executive Order authorized political subdivisions to take whatever prudent action was necessary to ensure the health, safety and welfare of the community. Because Hurricane Irma was expected to expose the citizens of St. Lucie County to danger of life and property, it was recommended by the County Administrator and the Public Safety Director to issue a Declaration of Emergency for St. Lucie County. The Declaration was signed on September 7, 2017 and would terminate in seven days. Hurricane Irma hit on September 10, 2017, flooding hundreds of homes and leaving the vast majority of the County's residents without electrical power. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board ratify the four (4) Declarations of Emergency for Hurricane Irma dated October 4, 2018, October 11, 2018, October 18, 2018 and October 25, 2018. COMMISSION ACTION: Packet Pg. 37 8.D.1 Coordination/Signatures Danie S. McIntyre, County ttorney 10/25/2018 .13LV y er, De y County Administrator 10/25/2018 Updated: 10/18/2018 9:20 AM by Stephanie Bush Page 2 Packet Pg. 38 8.D.1.a A DECLARATION OF THE ST. LUCIE COUNTY PUBLIC SAFETY DIRECTOR DECLARING A STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. A state of local emergency proclamation is allowed for seven (7) days with appropriate extensions pursuant to law. 3. The National Hurricane Center has identified Hurricane Irma and has issued a Hurricane Warning for the east coast of Florida, including St. Lucie County. 4. The Governor of the State of Florida issues Executive Order 17-235 dated September 4, 2017, declaring a state of emergency for the entire State of Florida; and 5. Executive Order 17-235, in accordance with Section 252.38, Florida Statutes, authorizes political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community; and 6. The presence of Hurricane Irma has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 7. St. Lucie County should take timely precautions to protect public and private property and members of the public from the potential effects of Hurricane Irma. S. It is the recommendation of the County Administrator and the Public Safety Director that a state of local emergency be declared for St. Lucie County and that this JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4350814 09/20/2017 09:47:26 AM OR BOOK 4042 PAGE 1815 - 1818 Doc Type: DEC RECORDING: $35.50 Packet Pg. 39 8.D.1.a Declaration declaring a state of local emergency be adopted. NOW THEREFORE, BE IT DECLARED AS FOLLOWS: 1. I, Ron Parrish, as Public Safety Director for St. Lucie County, in accordance with the powers vested in me pursuant to Chapter 252, Florida Statutes, and Resolution No. 00-277, do hereby proclaim the existence of a state of local emergency in St. Lucie County, Florida, as c identified above. This Declaration shall commence at ( :00 _.m. on I-yirX r =T 13 , 20 il and shall terminate automatically seven (7) days from this date unless terminated earlier or extended. 2. This Declaration authorizes the County Administrator or designee, to take all actions necessary and appropriate to protect human life and property, including the promulgation of rules and orders as may be necessary subject to the limitations of Section 252.33, Florida Statutes. All rules and orders promulgated hereunder shall be filed with the Clerk of the Court. This declaration further authorizes the County Administrator or designee, to utilize all lawful authority granted to St. Lucie County by the St. Lucie County Comprehensive Emergency Management Plan and by Federal, State or County Emergency Management Laws, Rules, Regulations, Orders and, including, but not limited to, Section 252.46 and Section 252.38(3)(a), Florida Statutes. Any such actions taken shall be ratified by the Board of County Commissioners as soon as practical under the circumstances. 3. All existing laws, ordinances, and rules inconsistent with the provisions of Section 252.31 to Section 252.905, Florida Statues, inclusive, or inconsistent with any rule or specifically promulgated under this declaration shall be suspended during the period of time and to the extent that such conflicts exists. Packet Pg. 40 8.D.1.a 4. The County.Administrator may suspend, toll or extend the time requirements, notice requirements and deadlines for final action on applications for permits, licenses, rates and other approvals under the St. Lucie County Code, to the extent necessary to accommodate the emergency. 5. Pursuant to Section 252.38(3)(a), Florida Statutes, the County hereby exercises its authority and waives the procedures and formalities otherwise required of a political subdivision by law, pertaining to: • Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; • Entering into contracts; • Incurring obligations; • Employment of permanent and temporary workers; • Utilization of volunteer workers; • Rental of equipment; • Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and • Appropriation and expenditure of public funds 5. Any person violating any rule or order issued pursuant to this Declaration or any person who willfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility for the enforcement of such orders shall, upon conviction therefore, be punished as provided by Section 252.50, Florida Statutes, and by such other laws as may be applicable to the offense. Packet Pg. 41 8.D.1.a 7., . The state of emergency declared by this Declaration may be modified in whole or in part or may be terminated upon the joint recommendation of the County Administrator and the Public Safety Director, with ratification by the Board of County Commissioners as soon as is practicable at a regular or special meeting. This Declaration shall remain in effect for no longer that seven (7) days unless terminated or modified earlier, or extended in accordance with law. S. If any provisions of this Declaration is invalidated by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Declaration, which shall have the full force and effect of the law. DONE AND ORDERED in St. Lucie County, Florida, the I I day of 4JC n`1 20 1.1 at :00 /_.m. Public Safety Director CONCU Howard N. Tf0ton -'- 'County Administrator APPROVED AS TO FORM & CORREONESS: Daniel S. McIntyre County Attorney Packet Pg. 42 8.D.1.b ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4491533 10/16/2018 11:24:33 AM OR BOOK 4192 PAGE 1618 - 1619 Doc Type: MS RECORDING: $18.50 Packet Pg. 43 8.D.1.b emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. M. DONE AND ORDERED in St. Lucie County, Florida, the 4th day of October, 2018 at 6:00 r Ron Parrish Public Safety Director Packet Pg. 44 8.D.1.c ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4491534 10116/2018 11:24:33 AM OR BOOK 4192 PAGE 1620 - 1621 Doc Type: MS RECORDING: $18.50 Packet Pg. 45 8.D.1.c emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. 4i i1P DONE AND ORDERED in St. Lucie County, Florida, the 11th day of October, 2018 at 6:00 7)� Ron Parrish Public Safety Director Packet Pg. 46 8.D.1.d ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4491535 10l1612018 1124:33 AM OR BOOK 4192 PAGE 1622 - 1623 Doc Type: MS RECORDING: $18.50 Packet Pg. 47 8.D.1.d emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. 10P DONE AND ORDERED in St. Lucie County, Florida, the 18th day of October, 2018 at 6:00 � 1 i Ron Parrish Public Safety Director Packet Pg. 48 8.D.1.e ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE it 4491536 10/16/2018 11:24:33 AM OR BOOK 4192 PAGE 1624 - 1625 Doc Type: MS RECORDING. $1850 Packet Pg. 49 8.D.1.e emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. M. DONE AND ORDERED in St. Lucie County, Florida, the 25th day of October, 2018 at 6:00 Ron Parrish Public Safety Director Packet Pg. 50 ITEM NO. (ID # 5617) 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 FPL Care to Share Program Agreement DATE: 11/27/2018 *CONSENT AGENDA\COUNTY ATTORNEY Attached to this agenda item is the proposed new FPL Care to Share Program Agreement. The County has participated in the Care to Share Program for a number of years. The program provides emergency energy assistance funds for electric utility payments to eligible individuals. Pursuant to the agreement, the County will continue to work with local social service organizations which will identify and screen individuals seeking assistance with their electric bills. The term of the new agreement will begin on January 1, 2019 and run through and including December 31, 2023. PREVIOUS ACTION: On December 17, 2013, the Board of County Commissioners approved the FPL Care to Share Program Agreement through December 31, 2018. FINANCIAL IMPACT: There will be no fiscal impact to the County. RECOMMENDATION: Staff recommends that the Board approve the proposed FPL Care to Share Program Agreement, and authorize the Chair to sign the agreement. life] ►&I AIF-SIWL1IeT41IIs] E Packet Pg. 51 Coordination/Signatures Danie S. McIntyre, County ttorney 10/25/2018 .13LV y er, De y County Administrator 10/25/2018 LV �&ZaW4' .13y er, De y County Administrator 10/29/2018 Updated: 11/19/2018 9:03 AM by Katrina Slay Page 2 Packet Pg. 52 8.D.2.a Florida Power & Light Company FPL CARE TO SHARE® PROGRAM AGREEMENT FPL East Service Area 5-Year Agreement from January 1, 2019 to December 31, 2023 THIS AGREEMENT is entered into between FLORIDA POWER & LIGHT COMPANY, hereinafter referred to as "FPL" and ST. LUCIE COUNTY, hereinafter referred to as the "Agency." The Agency should provide each of its intake offices involved in the program with a copy of the executed agreement. FPL's facilitation of this program agreement is delegated to FPL's Area Special Consumer Services Manager, hereinafter referred to as the "FPL Area Manager." Agency staff/volunteers handling intake for the program will hereinafter be referred to as "Caseworkers." To assist the emergency needs of people in times of hardship, FPL shareholders, employees and customers are providing a contribution fund known as the "FPL Care To Share"'" emergency energy assistance fund for electric utility payment, also referred to as "C2S." As part of its obligations under this agreement, the Agency will administer the FPL Care To Share funds to provide emergency energy assistance (payment of FPL bills) to eligible residents in St. Lucie County, Florida. The Agency will serve as the administrator and lead service provider for the program and may be asked to coordinate with other FPL Care To Share service provider(s) in the county, as designated by FPL. The Agency will register in the FPL ASSIST Program. The FPL ASSIST Program provides a standardized process for the Agency to access/verify customer account information, provide information to FPL for program qualification purposes and notify FPL of pending agency payments. The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The Agency will work with the appropriate social service providers in their area by sharing FPL Care To Share program information and promoting broad access to these community resources through the formal FPL Care To Share structure. As a condition to this Agreement becoming effective, the Agency will furnish to FPL a copy of its letter of determination of tax exempt status (not applicable for agreements with county/municipal entities). The Agency will determine the eligibility of energy assistance recipients, subject to the FPL Care To Share program criteria. FPL will play no part in determining the eligibility of the applicant for assistance, or the amount of funding an approved applicant might receive. Before proceeding with eligibility assessment, the Agency must secure from the Account Holder (or Applicant) a signed "Authorization for Release of General and/or Confidential FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 53 8.D.2.a Information" form, in order to have access to FPL billing information. FPL reserves the right to request the Agency to provide copies of the forms as part of the program audit requirements. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the applicant's verbal approval was obtained. The Agency shall ensure that no person shall be subjected to discrimination in connection with the FPL Care To Share program on the basis of age, gender, disability, race, color, creed, national origin, religion or ancestry contrary to applicable law. FPL customers who are potential recipients of FPL Care To Share funds shall have equal opportunity for assistance, and assistance remains available twelve months per year, as funding and resources permit. The eligibility criteria cannot be added to or deviated from without the prior consent of the FPL Area Manager. The Agency signing this Agreement does hereby bind itself to the following terms and conditions: I. Eligibility Criteria Potential recipients must contact the administering Agency and follow the agency's intake process, which could include receiving preliminary screening and making an appointment with the Agency representative when appropriate. An eligible applicant is one who meets all the following criteria: 1. Must physically reside in FPL's service area at the address for which assistance is sought. 2. Must have an account with FPL or reside at the service location. Should an Agency employee seek to apply for FPL Care To Share assistance through the Agency, an Agency supervisor — such as the Primary or Alternate contact listed on FPL ASSIST Program record - must contact the FPL Area Manager in advance for approval and commitment placement. 3. Must have identification that reflects the applicant name and the same address as the FPL account. Some examples of acceptable identification include a driver's license, a rent receipt, a water or phone bill, a tax bill or a mortgage statement 4. Must have a delinquent or Past Due FPL bill, final notice, or disconnect notice for the FPL account. Current bill is also eligible, if Agency caseworker reasonably deems it appropriate. 5. Must NOT have received a benefit under the FPL Care To Share Program within the last twelve months --at the current service address. The initial commitment set- uR date is used to determine the 12-month time period. FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 54 8.D.2.a 6. Must show proof of a family or personal crisis. The Agency is responsible for reasonably determining what constitutes a family or personal crisis. 7. Must consider all other available government -funded sources for electric service payment assistance first, unless the applicant is in imminent danger of losing electricity (service disconnect), and time does not allow the client to apply for government funds. In addition, FPL recognizes that government funds may not be available at the time due to limited resources. if that's the case, the caseworker should record the circumstances in the applicant's file. But if time does permit and government funds are available, then FPL Care To Share should be considered only after the government funds for which the applicant qualifies have been applied for or committed. 8. Must have a plan in place to maintain additional/future household expenses, if FPL Care To Share assistance is provided. 9. Must have a household income level that falls at or below 150% of the Federal Poverty Level (as revised annually by U.S. Health and Human Services). The incomes of all persons residing at the service address are to be included in determining household income eligibility. The Agency may exercise flexibility in expanding income limits based on special recipient situations and needs. 10. Must NOT have a history of fraud or service tampering. This may include, but is not limited to, using a minor or fictitious name, unauthorized connection, re- connection or by-passing of the electric meter, current diversion, or tampering with the FPL service in any way. FPL views fraud and service tampering very seriously. If an applicant with a history of fraud or service tampering is permitted to receive an FPL Care To Share Program commitment, FPL reserves the right to pursue return of payment from the customer for any charges related to the fraud or service tampering activity. None of those charges can be paid for by FPL Care To Share Program funds. III. FPL Care To Share Application, Documentation and Records Retention Caseworkers will ask the applicant to sign an Authorization for Release of General and/or Confidential Information form and retain that signed original. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the client's verbal approval was obtained. 2. Caseworkers will use the Agency's standard intake form for the FPL Care To Share program. 3. Caseworkers will record the applicant's proof of crisis and plan to sustain future bills. 4. Caseworkers will secure and retain a copy of the applicant's actual bill (or FPL bill statement provided through the FPL ASSIST Web Portal or by FPL staff), notatinc FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 55 8.D.2.a the balance eligible for the program. Balance should be verified through the FPL ASSIST Web Portal. 5. Regarding income, caseworkers will: a. Use potential recipient's current participation in Temporary Assistance for Needy Families (TANF), Medicaid, Supplemental Security Income (S.S.I.), food stamps, and public housing for means testing. b. Verify and record "self -declaration" of recipient's income based on established Agency guidelines to limit inappropriate disbursements. 6. If a call to the FPL ASSIST Office is needed to qualify the applicant, caseworkers will note the date of the call and the first name of the FPL ASSIST representative who handled the call. In most cases caseworkers should be able to use the FPL ASSIST Web Portal to qualify the applicant and make a commitment. The use of the FPL ASSIST Web Portal should then be noted. 7. Caseworkers will retain all approved applications, disapproved applications, and other pertinent records described in this section, for a period of three calendar years plus the current calendar year. 8. Caseworkers will maintain a list of retracted commitments, indicating reason for retraction and when FPL was notified. III, FPL Care To Snare Payment Requirements All FPL charges with the exception of deposits, non -electric optional products and services, return check fees, and additional billings resulting from service tampering (non -inherited current diversion charges) are eligible for the program. Late payment fees assessed to customer accounts during the time the Agency's disbursement process to the utility is pending are applicable. 2. If funds are available, and the recipient has no other means to pay, the Agency must pay the entire delinquent amount up to the currently prescribed upper limit, as determined by FPL. While this limit can be increased or decreased at the discretion of FPL, the standard upper limit for the program is $500. 3. No recipient may receive more than a one-time benefit in a twelve-month period on the current account. No recipient may circumvent this limitation. Commitment initial set-up date is used to determine the 12-month time period. 4. Disbursement of funds by the Agency must be by check payable to Florida Power & Light Company and must be received by FPL's Payment Processing Center no later than 60 days from the commitment date. 5. Payment must be submitted in the name of the FPL Account Holder (customer of record) for the household applying for assistance. 4 FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 56 8.D.2.a 6. Exceptions to the requirements listed above require the approval of the FPL Area Manager, and may require additional approval by the FPL Lead Area Manager. IV. Public Energy Assistance Programs The FPL Care To Share Program is designed to fill voids in existing energy assistance programs that have exhausted their resources or where recipient's needs exceed program limits. Agency caseworkers should document efforts to link recipient with the Low Income Home Energy Assistance Program (LIHEAP), the Emergency Home Energy Assistance Program for the Elderly (EHEAP), and the National Food and Shelter (FEMA) program energy funds in advance of, and prior to committing any, FPL Care To Share funds to such client. V. FPL 1 Agency Interface Program Funding FPL will solicit its customers to contribute to the "FPL Care To Share" fund via the customer's monthly electric statement, and may as an option supplement customer contributions with shareholder and employee contributions. FPL will determine in its sole discretion the method by which contributions will be collected. FPL will collect and distribute these funds to the administrative Agency proportional to the amount of donations received in the area to which the Agency has agreed to provide program services. FPL shareholder and employee contributions will be distributed to the administrative Agency at the discretion of FPL, with area population and poverty factors considered. FPL will work closely with the Agency on disbursement of Agency funding. FPL funds from all sources will be disbursed to the Agency on a quarterly basis (subject to change upon 30 days notice from FPL). FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 57 8.D.2.a Program Commitments and Payment Commitments must be paid and itemized using an FPL Payment Transmittal form (or alternative transmittal as pre -approved by FPL) that contains the following. - Agency name, address, preparer's contact phone and/or email and date submitted Funding type for the payments contained on the specific transmittal (i.e., LIHEAP, EHEAP, FPL Care To Share, and Other Assist) Note: Please use separate transmittals for different funding types. • FPL Customer Name of Record • Address where FPL is providing service Alternative Client Name if not FPL Customer of Record FPL Bill Account Number Amount of Commitment to be placed. Prepared transmittals must be mailed to the following address, and FPL will provide pre -addressed envelopes upon request: FPL ASSIST P.O. Box 25231 Miami FL 33102-5231 In some cases, the Agency may not be able to use the Transmittal Envelope because of their processing system. In those cases, and to ensure timely and accurate posting of payments, the above identified mailing address must still be used. Agency commitments may be submitted in the following ways: 1. FPL ASSIST Web Portal 2. Phone call to 1-800-480-7927 No deductions from FPL Care To Share funds may be made for overhead, salaries, administrative costs or any other expense incurred by the Agency. The entirety of funds disbursed for FPL Care To Share must be applied to payment assistance on behalf of FPL customers. FPL Program Staff The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The FPL Area Manager will serve as primary contact concerning the overall administration of the program, including when the Agency is requesting an exception commitment. The FPL Area Manager has the authority to change FPL Care To Share program qualifications and process requirements on a "temporary" basis, with thirty days notice to the Agency, if in the best interests of FPL, its customers and partner agencies. This would include temporary changes to payment limits, number of payments for a client annually and other such considerations. FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 58 8.D.2.a Client Education The Agency should encourage energy efficiency through referral of the client to FPL's free energy survey service (1-800-DIAL FPL) and by distributing FPL energy conservation and program information, when feasible and as appropriate for the applicant. FPL will keep the Agency advised regarding available programs. The Agency should encourage FPL's billing and payment programs, when feasible and as appropriate for the applicant, including FPL 62PIus, Friendly Reminder, On - Cali, Budget Billing, and others as appropriate. FPL will keep the Agency advised regarding available programs. Agency Staff Training Caseworkers handling intake for the FPL Care To Share Program must first be trained on the program criteria, either through the agency, FPL Area Manager or a combination of both sources. Caseworkers must read, sign and agree to abide by the Program Eligibility Criteria outlined in the FPL "Staff/Volunteer Certification" form. Caseworkers will sign this form to confirm their understanding of program criteria, and their commitment to use account information obtained from FPL for the sole purpose of conducting the customer qualification process. The form must be maintained by the Agency and be made available upon request. Agency Staff/FPL ASSIST Record The Agency must maintain its list of authorized agents for FPL's ASSIST Program through the FPL ASSIST Web Portal. VI. Auditing The Agency will routinely review FPL Care To Share recipient files and program processes. The Agency will include FPL Care To Share funding in its own internal auditing schedule and will confirm the completion of such audits by their signature on the Quarterly Agency Statement of Fund Verification form. In this report, the Agency will indicate any significant irregularities to FPL as found. On a quarterly basis (due by the 15th day of the first month of each quarter, for the prior quarter), the Agency will provide to the FPL Area Manager the following: the completed Agency Statement of Fund Verification form, signed by a principal of the Agency, confirming the FPL Care To Share fund to be "in balance" and verifying that the information provided is as true and accurate as possible. The completed and signed Agency Statement of Fund Verification form also demonstrates the Agency's internal reconciliation of the fund. the Agency Statement of Fund Verification form also includes the following metrics: o Previous Audit Ending Balance o Funds Provided by FPL to Agency o Transmittals Paid and/or Submitted to Agency Payment Dept for Payment o Other Adjustments o Audit Ending Balance FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 59 8.D.2.a o Number of Customers Served • Copies of all transmittals pertaining to that Quarter's report. The FPL Area Manager will help to coordinate the audit of the records submitted and will request from the agency copies of signed Authorization for Release of General and/or Confidential Information forms for customers selected at random from the accounts covered in that quarter. Upon completion of the quarterly audit, the FPL Area Manager will provide a completed quarterly audit report to the Agency. The report will specifically confirm the audit as acceptable (or not), and/or identify any exceptions cited, along with recommended (or required) steps to eliminate or correct said exceptions and process shortcomings. In addition to the quarterly audit, FPL and/or a third -party designee will conduct an on -site agency Operational Review no more than once every two years. These on - site visits are intended to be minimally intrusive to the agency's normal operation, and will be scheduled approximately thirty days in advance. The agency will be advised on what type of files/documentation/information will be needed for review. The agency may be asked to review some information in advance, to facilitate an efficient on -site review. VII. General The Agency and FPL personnel will strive to provide this community resource with a high degree of professionalism, reflecting positively on the program's donors, FPL and the Agency. The Agency and FPL have named the following designees for purposes of this Agreement: FPL Corporate Contact Marlene M. Santos Vice President, Customer Service 700 Universe Boulevard Juno Beach, Florida 33408 FPL ArealRegional Contact Dianne Verner Bast Area Special Consumer Services Manager 6001 Village Blvd., CSCICSE West Palm Beach, FL 33407 561-640-2540 Agency Contact Diana Wesloski, Director St. Lucie County Community Services 437 North 71" Street Fort Pierce, FL 34950 772-462-1777 The Parties understand this program is designed to be flexible to the current needs of the community, and modifications may be made from time to time to make the program more effective. Any modifications to this Agreement must be by mutual agreement of the Parties in form of a written amendment. FPL Care 7o Share Program Agreement (rev 7-9-2018) Packet Pg. 60 8.D.2.a Vill. Miscellaneous Either party may terminate this agreement at any time without liability to any party. In no event shall either party hereto be liable to the other for consequential, special, exemplary, indirect or incidental losses or damages under the agreement, including loss of use, cost of capital, loss of goodwill, lost revenues or foss of profit, and Agency and FPL each hereby release the other and each of such persons and entities from any such liability. This agreement is governed by Florida law. THE PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AGREEMENT. Mr The remainder of this page is intentionally blank FPL Care To share Program Agreement (rev 7-9-2018) Packet Pg. 61 8.D.2.a IX. Approvals Upon its execution, this Agreement shall supersede any previous agreements and remain in force for five years -- from January 1, 2019 to December 31, 2023. Either party has the right at any time on ninety (90) days written notice to the other to terminate or amend the Agreement. Should this occur, any remaining funds will be returned to FPL along with a complete accounting. IN WITNESS WHEREOF, Florida Power & Light Company and the Agency caused this Agreement to be executed on the date indicated below. FPL Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Marlene M. Santos (Print Name) Vice President, Customer Service (Print Title) (Signature/Date) Attest: ST. LUCIE COUNTY BOCC By: Chair Address: St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Date: APPROVED AS TO FORM AND CORRECTNESS. - County Attorney ATTEST: Deputy Clerk 10 Agency St. Lucie County Community Services 437 North 7" Street Fort Pierce, FL 34950 Diana Wesloski (Print Name) Director (Print Title) (Sign a tore/Da te) FPL Care To Share Program Agreement (rev 7-9-2018) Packet Pg. 62 ITEM NO. RES-2018-235 • COUNTY F L 0 R i D A TO: SUBMITTED BY: BACKGROUND: DATE: 11/27/2018 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - A resolution supporting the Safe Routes to School program in St. Lucie County, Florida It has been requested that this Board show their support of the Safe Routes to School program in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the attached resolution as drafted by the County Attorney and to distribute to our State and Federal Legislative Delegation. COMMISSION ACTION: Packet Pg. 63 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 11/9/2018 7"��o rk 5 er ee, 6e PW County-Aministrato 11/15/2018 Updated: 11/19/2018 9:25 AM by Katrina Slay Page 2 Packet Pg. 64 8.D.3.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE SAFE ROUTES TO SCHOOL PROGRAM IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners has made the following determinations 1. The Safe Routes to School program provides fed era Ifundingfor100%ofconstruction costs for sidewalks within two miles of a school. 2. Applications for the current funding cycle (FY 2023) are due December 31, 2018. 3. County staff has coordinated with St. Lucie County Schools Transportation Division to identify the following projects: • Bell Avenue from South 25t" Street to Sunrise Boulevard and Sunrise Boulevard from Bell Avenue to the FEC Railroad crossing. • Oleander Avenue from S. Market to Edwards Road. 4. County and school staff continue to coordinate with the St. Lucie County School District to meet application requirements. 5. The application requires a resolution approved by the Board of County Commissioners in support of the projects. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners: 1. This Board does hereby proclaim its support for the Safe Routes to School program in St Lucie County, Florida. 2. This Resolution shall become effective immediately upon adoption. 3. The County Administrator is directed to send a copy of this resolution to the County's state and federal legislative delegation. PASSED AND DULY ADOPTED this day of 12018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM COUNTY ATTORNEY Packet Pg. 65 ITEM NO. (ID # 5698) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 11/27/2018 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement for Wastewater Services - Solid Waste Leachate St. Lucie County owns a Class 1 Landfill and other solid waste facilities that generate Leachate. Martin County owns and operates wastewater treatment facilities that have the physical capacity and technical capability to receive, treat and dispose of St. Lucie's Leachate. Attached is a draft Interlocal Agreement between Martin and St. Lucie that grants St. Lucie the right to deliver up to 50,000 gallons of Leachate every day to Martin's Designated Facility, which is the Martin Downs Wastewater Re -Pump Facility. St. Lucie will be charged the same rates that Martin's other customers pay for the disposal of comparable wastewater. The applicable rate currently is $4.38 per thousand gallons of wastewater. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the interlocal agreement and authorize the Chair to sign the agreement. COMMISSION ACTION: Packet Pg. 66 Coordination/Signatures Heather Young, Asst. County Attorney 1/20/2018 — '// D'� , L:- /Hardipton, Count Administrato 11/21/2018 Updated: 11/14/2018 5:25 PM by Katrina Slay Page 2 Packet Pg. 67 8.D.4.a DRAFT — 6/29/18 INTERLOCAL AGREEMENT FOR WASTEWATER DISPOSAL SERVICES This Interlocal Agreement for Wastewater Disposal Services ("Agreement") is made and entered into this day of , 2018 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida ("St. Lucie"), and Martin County, a political subdivision of the State of Florida ("Martin"). RECITALS WHEREAS, the Florida Interlocal Cooperation 'Act of 1969 (Section 163.01, Florida Statutes) authorizes local governments "to:maice:the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner" that will benefit both communities; and WHEREAS, Martin owns and operated Wastewater. treatment "facilities ("Facilities") that receive, treat, and dispose of sowage;and other types of wastewater, including the Leachate generated". y,IVjlartin's closed, lass I landfill; and WHEREAS, St. Lucie owns a Class I,;I.gndfill and other solid waste management facilities that generate Leachate; and WHEREAS ..-Martin's Facilities have the physicaFcapacity and technical capability to receive, treat, aria; dispose of�:St. Lucie's Leachate; and WHEREAS, Marfin is W ia,.irig:t0� provide :and St. Lucie wishes to use, Martin's FacilitieWid-4h," c i;�p.sal of St Lucie's Leachate, subject to the terms and conditions in this Ag;*Ment. NOW: consideration of the promises and mutual covenants set forth herein, ihija,receipt and t" fficiency-of which are hereby acknowledged, St. Lucie and Martin agre6lo. comply with and be bound by the following terms and conditions: Section 1. Recitals:'„ The recitals set forthabove are true, correct, and incorporated into this Agreement. Section 2. Statutory Authority. The statutory authority to enter into this Agreement is granted to St. Lucie and Martin by Chapter 163, Florida Statutes (2017). Page 1 of 8 Packet Pg. 68 8.D.4.a Section 3. General Purpose. St. Lucie and Martin are entering into this Agreement because they wish to establish the terms and conditions that will govern their activities when St. Lucie delivers Leachate to Martin's Facilities for treatment and disposal. Section 4. Definitions. The capitalized words and phrases in this Agreement shall have the meanings set forth in this Section 4. If a word or phrase is not defined in this Agreement, the definitions in Chapter 403, Florida Statutes, and Title 62 Florida Administrative Code, that are in effect on the Effective Date shall be used -to supplement the definitions in this Agreement. If there is a conflict between a definitiQi ;co*iped herein and any other definition, the definition contained herein shall:control when construing this Agreement. Applicable Law means any local; -state or federal statute, law, constitution, charter, ordinance, judgment, orde`r,':,d'e cree, permit, rule, re Wation, standard or similar binding authority, or a judicial or administrative interpretatiQn of any of the same, which is in effect or is- enacted, adopted,4promulgated, issued or enforced by a governmental body dddhg:..the term of tr is>Agreement, and relate in any manner to the periormance..of.Mat#!n or St. Lu .'e.,. ender this Agreement. County Manager means the ch14Administr61"t" officer of a Party or their designee. Desi''nated Facih .. means the wastewater treatment plant designated by Martin for the delivery of:$t, Lucie's Leachate. EN"Aive Date< -means the date when this Agreement is signed and duly eXecuted by >t]lai tin, which shall occurafter the Agreement is signed and duly executed by St.'. :" -Facilities meari;S'.;the was#ewater treatment plants owned by Martin. Force`Majeure .M6ans the following events and circumstances, but only to the extent that;they d.016y or preclude a Party from performing one or more of its obligations und&this Agreement: (a) a hurricane, tornado, lightning, flood, fire, explosion, or epidemic; (b) acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities; (c) suspension, termination, or interruption of utilities necessary to a Party's operations or duties under this Agreement; (d) an injunction, or a legal or equitable proceeding brought against a Party, or a change in Applicable Law; and (e) any act, event, or condition that is determined by mutual agreement of the Parties to be of the same general type as the events of Force Majeure identified in (a) through (d), above. Page 2 of 8 Packet Pg. 69 8.D.4.a Leachate means any liquid that has passed through or emerged from solid waste and may contain soluble, suspended or miscible materials. Load means Leachate and any other liquid cargo in one of the trucks transporting Leachate for St. Lucie to Martin's Designated Facility. Martin means the government of Martin County, Florida, acting through the Board of County Commissioners of Martin County or the Board's designees. Party means, depending on the context, either. Martin or St. Lucie. Parties means Martin and St. Lucie. St. Lucie means the government. of St. Lucie;County, Florida, acting through the Board of County Commissioners of St. Luc!-:,Pounty or the Board's designees. Unacceptable Wastewater mea`htany liquid: waste that Martin cannot lawfully accept at the Designated Facility:: l.na.GCetable Waste includes but is not limited to any Leaehate or other 1401i:waste that contains one or more pollutants in coneentrations'tl _at<'!#.x ed (a) the:<.i taximum allowable concentrations identified in A tgchmer t;:1 or (b) th' `..maximum allowable concentrations identified in any permit, statute, rule;' or,other Applicable Law that overns the o er g p._..:atton'of the Designated Facility. Section 5. S ecific Cdhditions. 5.1,.:..,;,;:Subject to th -,Qqb : s;.h:.erein $ , Lucie shall have the right to deliver pie :ti .; arlf — esig"hoor� Facility and. Mf tin shall accept, treat, and dispose of the Lea��ste deliverSt.`Lu"rie. 5.2'"'.;<The Designate;. Facili ::,shall be the Martin Downs Wastewater Re -Pump t!I...: . Facility locatbd at 5545 S.W .$and Avenue, Palm City, Florida, unless Martin's County Manager designates a differ4nijacility pursuant to Section 8, below, after the Effective }J 5•h Date. If Martin's 'C anty Marf 0er determines that a different wastewater treatment plant should serve as,." 1?4Qnated Facility, Martin's County Manager shall provide written notice to St. Lucie ;at; east 90 days before implementing the change. 5.3 St. Lucie shall be solely responsible for transporting its Leachate in tanker trucks to the Designated Facility. The Leachate may be delivered to the Designated Facility by St. Lucie or its agent, and the Leachate shall be accepted by Martin, between the hours of 6:00 A.M. and 12:00 P.M. (midnight), seven days per week. The Leachate shall be discharged from the tanker trucks into an on -site lift station at the Designated Facility. St. Lucie's employees, agents, and other representatives shall comply with Martin's safety, traffic, and operating requirements at all times when they are present at the Designated Facility. Page 3 of 8 Packet Pg. 70 8.D.4.a 5.4 Subject to the conditions herein, St. Lucie may deliver and discharge up to 50,000 gallons of Leachate each day at the Designated Facility, Martin's County Manager may approve the delivery of larger quantities of Leachate pursuant to Section 8, below, if Martin's County Manager concludes in his or her sole discretion that the Designated Facility can accept such quantities safely and in compliance with Applicable Law. 5.5 Attachment 1 to this Agreement is a copy of the Industrial Wastewater Discharge Permit (FL0043214) that was issued by Martinson November 1, 2017 to the Martin County Solid'Waste Department for the dischargo.;:ofteachate generated at Martin's solid waste management facilities. Attachment contains a table that identifies the maximum pollutant concentrations allowed in th4lb' chate delivered to the Designated Facility by the Martin County Salid;Waste Dep rtment. (See page 4, Part 3, Section B of Attachment 1). The Leachate delivered to the Designated Facility by St. Lucie must comply with the same maximufr:pollutant limits that apply to the Leachate delivered to the Designated Facility by the Mrtin County Solid Waite Department. If Martin changes the maximum pollutant concenttions that are applicable to the Leachate delivered by the Martin County Solid 1Na tp.:Deepartment, the same changes shall apply to the Leachate delivEXpCj.,by St. Lucie: Martin's County Manager shall notify St. Lucie and revise the table in Ati�"hi"J on. 1 whenever: any such change occurs. Such changes shall not apply to the Leachate `deliivered by o6on-behalf of St. Lucie until 90 days after Martin's County Manager proyides notice to St. L e. 5.6 Notvujt.Wandir ti' t,O thing elfeed . contain°I%erein, Martin shall have the right to reject any Load of,l eachate'delivered by.'pd-.bn behalf of St. Lucie if Martin concludes that the Load contains,,-.,- Wastovvater. if Martin rejects part or all of a Load, St. Lucie sh.aliaa.nsport the.rebt�dportion of., Load from the Designated Facility :.:: and sha.11l arrarigie<#or;the 16; f(U Aisposal ofl.the -rejected wastewater at a different locatio'` shall"rh6nitor 460' :record the quantity of Leachate that is delivered to the Designated Facility by St. Lucie: :' 5.8 Eaclmonth Ma in shall submit an invoice to St. Lucie and thereby request payment for-d!sposlhg.of the Leachate that was delivered to the Designated Facility by or on behalf-of>,5 Lucie during the previous month. The invoice shall be based on Martin's records concerning the amount of Leachate delivered by or on behalf of St. Lucie. St. Lucie shall be charged and shall pay the same rates that Martin's other customers pay for the disposal of comparable wastewater. The applicable rate currently is $4.38 per thousand gallons of wastewater. St. Lucie shall have the right to dispute the amount requested in Martin's invoice, but St. Lucie shall pay all undisputed amounts within thirty days after receiving Martin's invoice. 5.9 St. Lucie and Martin agree to fully cooperate with each other and perform all acts necessary for the successful implementation of this Agreement. St. Lucie and Page 4 of 8 Packet Pg. 71 8.D.4.a Martin shall comply with all Applicable Laws when performing their respective duties under this Agreement. St. Lucie and Martin shall each be responsible for the acts, errors, and omissions of their respective officers, employees, agents, and other representatives when they are conducting activities pursuant to this Agreement. Section 6. Term and Termination. 6.1 This Agreement shall take effect and be binding on the Parties from the Effective Date until this Agreement expires or is terminated in compliance with the requirements herein. The initial term of this Agreement shall expire on September 30, 2028. At the end of the initial term, this Agreement shall ;;16 renewed and extended automatically, without any further action by either Party -:for an additional ten year term unless Martin provides notice to St. Lucie on or befi re October 1, 2027, that Martin does not wish to extend this Agreement. 6.2 Either Party may terminate this Abreement for cdfiV pience, with or without cause. The termination shall be effective (a) one year after tle notice of termination is delivered to the other Party or`(b) at any later date selected by the Party terminating the Agreement. Section 7. Force Majeuret; A delay or failureof performance: by a Party. shall not constitute a default hereunder and shall ,rlotgve;ri..se to any;claims,.for:damages; if'and to the extent that such delay or failur �[s caus&0,1,b an ever t 9f.,F.arce Majeure and the event of Force Majeure (a) is beydihcl;.that Pail reasonable control anti'(b) materially and adversely affects that Party's ability -:;to perfp,rm its obligations under this Agreement. A Party whose perfprmal ce is 00d'y:;'ra<exent ofi°;Force-Majeure shall give written notice thereof ,to tM:6thb P:-.arty as §.a n as ea. onably:practicable and shall use commercially reasonble efforts to' irjtltediafly..remove or:Qyercome the impediment to its ";". nerforrghce under thi"6reement :,: The Parties shall usefftoir best efforts to resolve any disputes under this Agreement amicablj j , ar):>i fi" rmal manner, without resorting to litigation. If the Parties are unable to resolve InO] isp`ute in a mutually acceptable manner, either Party may file suit for injunctive relief, mandamus, or specific performance, or exercise any other legal or equitable remedies to enforce the obligations and covenants in this Agreement. Section 9. Amendment. This Agreement may be amended only by a written document signed by both Parties and filed with the Clerk of the Circuit Court of Martin County, Florida, and the Clerk of the Circuit County of St. Lucie County, Florida. Notwithstanding the foregoing, the County Managers for Martin and St. Lucie are hereby authorized to amend this Page 5 of 8 Packet Pg. 72 8.D.4.a Agreement pursuant to Sections 5.2, 5.4, and 5.5, above, without obtaining the prior approval of the Board of County Commissioners for either Party. Section 10. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be hand -delivered by messenger or courier service, or sent by facsimile communication or e-mail, or mailed by registered or certified mail (postage prepaid) return receipt requested, and shall be addressed to: As to Martin County: Martin County Administi•Gatbr 2401 Southeast Mori-tO y Road Stuart, Florida :89 .:; With a copy to: Martin Cou. ,Y:' rney 2401 Southeast Monterey Road Stuart, Olo.. da 34996 As to St. Lucie County: :_St. Lucie Courity:P,d.iriistrator 2AQO, Virginia Avenue Admin istration Anrteic:... Fiart,Piei�; Florida 34.982 With a copy tof St. Lug Cour%' A#tQrne v..:.Y :,.. Y` 23001l rgi l; : +ven a :... Administtat on Annex ::.Fort Pierce'Florida 34982 The dote nt`s s 11:be dee.. d to hA9O..b en duly delivered when personally delive�e4W`6r when t`ra matted b facsimiile communication ore -mail and receipt is confirn'ciby telephoneQr when delivered by U.S. Mail or courier service as shown by the returin"'r",% ipt. Section`'I'::;:;. Assignment. Neither Party shill assign this Agreement to any other person or entity without first obtaining the non=a$sign g Party's written approval. Section 12. Waiver. No waiver by either Party of a term or condition of this Agreement shall constitute a waiver of any other term or condition. The failure of either Party to insist upon strict performance of any of the terms or conditions in this Agreement shall not be considered to be a waiver or relinquishment of such term or condition. There shall be no waiver of any term or condition in this Agreement unless the waiver is in writing and signed by the Party waiving its rights under this Agreement. Page 6 of 8 Packet Pg. 73 8.D.4.a Section 13. Severability. Should any provision, paragraph, sentence, word, or phrase in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary to conform with Applicable Law or, if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Agreement shall remain in full force and effect. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Section 14. Previous Agreements. Upon the Effective Date, this Agreement.shali supersede and replace all prior agreements between the Parties pertaining tq;t a issues addressed herein. This Agreement embodies the entire understandifg of the Parties concerning such matters. IN WITNESS WHEREOF, the Parties Faye caused the execution pf this Agreement by their duly authorized officials on `tf°i'.d "t stated below:' 66ARp.• OF COUNTY COMMISSIONERS ATTEST: T. LUCIE COUNTY.--. ;FLORIDA Deputy Clerk Chair APPROVED AS TO FORM AND .CORRECTNESS. BY: County Attorney Page 7 of 8 Packet Pg. 74 8.D.4.a ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: Page 8 of 8 Chair Packet Pg. 75 8.E.1 ITEM NO. RES-2018-236 TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Jennifer Hance, Housing Manager Housing Services Division DATE: 11/27/2018 *CONSENT AGENDA\COMMUNITY SERVICES Resolution - State Housing Initiative Partnership (SHIP) FY 2018/2019 Allocation The Florida Housing Finance Corporation (FHFC) administers the SHIP Program which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multi -family housing. The program was designed to serve very -low, low and moderate income families. Sixty-five percent of funds must be expended for homeownership activities and remaining funds are governed by the approved Local Housing Assistance Plan (LHAP). SHIP funds are distributed to all 67 counties and 53 cities in Florida. History of SHIP funds received by St. Lucie County: FY 2008/09 $731,610 FY 2009/10 $106,259 FY 2010/11 $ 0 (The State Legislature did not fund this year.) FY 2011/12 $103,834 FY 2012/13 $ 28,769 FY 2013/14 $127,792 FY 2014/15 $333,708 FY 2015/16 $346,204 FY 2016/17 $454,483 FY 2017/18 $314,124 FY 2018/19 $122,825 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 76 8.E.1 The allocation amount was unknown at the time the FY 19 budget was adopted; therefore, a budget needs to be established to expend these funds in the amount of $122,825. No matching funds are required. Funds will be deposited into SHIP fund 185019-5420-335510-500. RECOMMENDATION: Staff recommends Board approval of the resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures 0-4 DaniOYS.M Intyre, Cnty ttorney 11/19/2018 den r Hill, O fice of RAAJandBubget Director 11/15/2018 avreen �Bmawzc 1 y er, De y County Administrator 11/19/2018 Updated: 11/15/2018 9:32 AM by Alvin Hall Page 2 Packet Pg. 77 8.E.1.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. ao Lucie County, certain funds not anticipated at the time of adoption of the budget have become available Q from the Florida Housing Finance Agency, in the amount of the $122,825 as a State Housing Initiatives Uj Partnership Program (SHIP) Grant, funds are for the Community Services Department 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 27th day of November, 2018, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2018-2019, and the County's budget is hereby amended as follows: REVENUE 185019-5420-335510-500 Florida Housing Finance Agy $122,825 APPROPRIATIONS 185019-5420-549605-500 Rehab Expenditures $122,825 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 27TH DAY OF NOVEMBER 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ui 00 c as E U c2 a Packet Pg. 78 8.G.1 ITEM NO. RES-2018-237 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Amy Griffin, Environmental Resources Director Environmental Resources DATE: 11/27/2018 *CONSENT AGENDA\ENVIRONMENTAL RESOURCES Budget Resolution - PSL Water Education & Community Involvement Programs In alignment with the County's Strategic Objective to protect natural resources through water quality initiatives, clean-ups, and partnerships, St. Lucie County's Environmental Resources Department is partnering with the City of Port St. Lucie to provide water resource education and community involvement opportunities to Port St. Lucie residents. As part of the City's National Pollutant Discharge Elimination System permit goals, the Oxbow Eco-Center will provide Youth Education (including but not limited to water -focused school and homeschool field trips / in -school classes; and "Riverlution" and "Water Wonders" programs and camps); Adult Education (including but not limited to St. Lucie Water Champions training; and high quality lectures/workshops); and community -wide clean-ups, restoration and demonstration projects and events. Funding will also be used to develop a multi -media campaign about water resources to city residents. PREVIOUS ACTION: N/A FINANCIAL IMPACT: This budget amendment will result in a net zero impact to the general operating funds. The City of Port St. Lucie has committed $20,000, which will be utilized to develop and implement water education and community involvement opportunities for Port St. Lucie City residents. Funds of $20,000 will be place in account string 001-7912-337720-700. RECOMMENDATION: Staff recommends the Board approve acceptance of Port St. Lucie funding of $20,000.00 for Water Education & Community Involvement Programs; approve attached budget resolution; and authorize the Chair to sign documents as approved by the County Attorney. Packet Pg. 79 8.G.1 COMMISSION ACTION: Coordination/Signatures lw"� 2— e �Z_- - �� IAA — Amy Grif ' onmental Resources Direc )(T 10/22/2018 anie . McIntyre, CAtorney 11/19/2018 7"� '/"' Z(TIKx � rk S er ee, Dep County ministrato 11/19/2018 Jennr Hill, Offlce of J anage nd Bu get DirectorH 11/15/2018 Updated: 11/15/2018 8:58 AM by Alvin Hall Page 2 Packet Pg. 80 8.G.1.a A 5t. Lucie County Environmental Learning Center 5400 N.E. St. James Drive Port St. Lucie, FL 34983 (772) 785-5833 Port St. Lucie Public Works Dept. Stormwater Division 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 October 17, 2018 St. Lucie Water Champions: Port St. Lucie educational and community Amount involvement programs Development / implementation of water resource educational programs and $20,000 volunteer opportunities for Port St. Lucie residents (youth and adults) to support the goals of the PSL National Pollutant Discharge Elimination System (NPDES) permit goals. Total Amount Due: $20,000 Tkavtk You! .L COUNTY 00 r- E t V Y Q Packet Pg. 81 8.G.1.b Packet Pg. 82 RESOLUTION 8.G.1.c WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the City of Port St. Lucie, in the amount of the $20,000 for City specific Water Quality Education and Citizen Engagement Programs in support of their National Pollutant Discharge Elimination System (NPDES) permit goals, funds are for the Environmental Resources Department. 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 27th day of November, 2018, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2018-2019, and the County's budget is hereby amended as follows: REVENUE 001-7912-337720-700 City of Port St. Lucie $20,000 APPROPRIATIONS 001-7912-534000-700 Other Contractual Services $20,000 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 27TH DAY OF NOVEMBER 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 83 8.1.1 ITEM NO. (ID # 5699) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 11/27/2018 *CONSENT AGENDA\HUMAN RESOURCES Mark Wishard, Human Resources and Risk Manager Human Resources & Risk Division Corizon Inmate Health Care 2017-2018 Corizon Health Services, third party administrator for County jail inmate health care, manages and pays for offsite (outside of jail) utilization of medical care. The County reimburses Corizon for invoices paid. Per the contract, the County is required to pay for inmate medical services whenever an inmate has no viable method of paying for medical services. Corizon is requesting reimbursement in the amount of $353,367.84 for invoices 22515, 22616, and 22517 for claims through October 25, 2018. This action will come from the inmate medical budget in General Fund (001-2300-531300-200). PREVIOUS ACTION: Total spent on inmate health care fiscal year-to-date is $154,760.00. FINANCIAL IMPACT: There is sufficient funding available from the inmate medical expense account within the General Fund (001-2300-531300-200). RECOMMENDATION: Staff recommends Board approval for payment of Corizon Health Services invoices 22515, 22616, and 22517 for FY17/18 Inmate Utilization of Medical Services costs in the amount of $353,367.84 COMMISSION ACTION: Packet Pg. 84 8.1.1 Coordination/Signatures A � y Heather Young, Asst. County Attorney 1/20/2018 Jen r Hill, Office of ana and Bu get Director 11/19/2018 .13LV y er, De y County Administrator 11/20/2018 .13LV y er, De y County Administrator 11/20/2018 Updated: 11/14/2018 5:27 PM by Katrina Slay Page 2 Packet Pg. 85 8.M.1 ITEM NO. (ID # 5548) TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 11/27/2018 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Jennifer Hill, Office of Management and Budget Director Office of Management & Budget Dori Slosberg Mini -Grant Awards On June 18, 2002, the St. Lucie County Board of County Commissioners (BOCC) enacted Ordinance 02-17 providing for the creation of a Driver Education Safety Trust Fund based on the Dori Slosberg Driver Education Safety Act, Florida Statutes 318.1215. The funding is designed to assist driver education safety programs in public and non-public schools in the County. Funds can be used for direct education expenses and not for administration. St. Lucie BOCC decided to distribute the funds through a competitive mini -grants process. The County Administrator has been given the authority (Ordinance 02-17, Sec. 1-7-33) to establish selection criteria based on the success of the program, and to recommend grant awards to the Board for final approval. Individual awards will be based on the number of qualified applicants and availability of funds at the time of selection. There is a $50,000 cap on individual grant awards. As of September 30, 2018, we have $127,365 available cash in the Dori Slosberg Driving Safety Fund (107004). Disbursement of the staff recommended funding of $109,038 will leave an approximate balance of $18,327. We have received the following applications for the FY 2019 Dori Slosberg mini grant: Requestor Requested Recommended Ft. Pierce Central High School $18,172.66 $18,173.00 Ft. Pierce Westwood High School $18,172.66 $18,173.00 Lincoln Park Academy High School $18,172.66 $18,173.00 Treasure Coast High School $18,172.66 $18,173.00 Port St. Lucie High School $18,172.66 $18,173.00 St. Lucie West Centennial High School $18,172.66 $18,173.00 Total $109,035.96 $109,038.00 Packet Pg. 86 8.M.1 The total application funding requests to be considered for FY 2019 is $109,038 (6 public schools). The application requests for prior fiscal year FY 2018 was $218,071.92 for six public schools and the awarded amount was $129,660. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Adequate funds are available in the Driver's Education Safety Fund (107004-769-581000-6000) for the grant distribution of $109,038. RECOMMENDATION: Staff recommends Board approval of the award of $109,038.00 to six public high schools for the Dori Slosberg Driver Education grant and the contracts as drafted by the County Attorney. COMMISSION ACTION: Coordination/Signatures Jen r Hill, o fice of an and Bu get Direct r 11/15/2018 iI;WA*41,A, _ Danie, s. McIntyre, C my ttorney 11/19/2018 Jen r Hill, otflce of Jana and su get Director 11/15/2018 awu �Bjw�� 1 y BLUer, De y County Administrator 11/19/2018 Updated: 11/14/2018 10:05 AM by Alvin Hall Page 2 Packet Pg. 87 10/25/2016 Statutes & Constitution Mew Statutes : Online Sunshine Select Year: 2016 • Go The 2016 Florida Statutes Title XXIII Chapter 318 View Entire Chapter MOTOR VEHICLES DISPOSITION OF TRAFFIC INFRACTIONS 318.1215 Dori Slosberg Driver Education Safety Act.— Notwithstanding the provisions of s. 318.121, a board of county commissioners may require, by ordinance, that the clerk of the court collect an additional $5 with each civil traffic penalty, which shall be used to fund driver education programs in public and nonpublic schools. The ordinance shall provide for the board of county commissioners to administer the funds, which shall be used for enhancement, and not replacement, of driver education program funds. The funds shall be used for direct educational expenses and shall not be used for administration. Each driver education program receiving funds pursuant to this section shall require that a minimum of 30 percent of a student's time in the program be behind -the - wheel training. This section may be cited as the "Dori Slosberg Driver Education Safety Act." History.—s. 98, ch. 2002-20; s. 10, ch. 2005-164; s. 49, ch. 2006-290. Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%2OStatutes&SubMenu=1&App_mode=Display_Statute&Search_String=318..1215&UR Packet Pg. 88 W0Z ORDINANCE NO, 02-17 AN ORDINANCE CREATING ARTICLE Itu (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURT) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROVIDING FOR AUHORM FOR ENACTMENT PURSUANT TO THE "DORI SLOSSERS DRIVER. EDUCATION SAFETY ACT"; PROVIDING FOR DEFINMUONS, PROVIDING FOR THE CRE J'TION OF A DRIVER EDUCATION SAFETY TRUST FUND, PROVIDING FOR THE CLERK TO COLLECT AN ADDITIONAL $3.00 WITH EACH CIVIL TRAFFIC PENALTY ED IN ST. LUCIE BOUNTY TO BE DEPOSITED IN THTRUST FUND: PROVIDXNG .FOR EXPENDITURES. FROM tHE OR EDUCATION SAFETY TRUST FUND; PRO DING ,FOR CONFLICTING PROVISIONS; PROVI NG FOR SEVERAkLITY AND APPLICABILITY: PRO DING FOR FILING'WITH THE DEPARTMENT .OF STATED PROVIDING FOR AN EFFECTIVE DATE; ADOPTION,' AND CODIFICATION: WHEREAS, the Board of County Commissioners lof St. Lucie County, Florida, has. mdde the following determinations: Z. Stction 98 of Chapter 2002-2-0, Laws of Florida, known as the "Dori Slosber9i Driver Education Safety Act", authorize. this Board to enact an ordinance r1quiring the clerk of the court to collect an additional $3'00 with each civil traffic penalty to. be used to fund traffic education programs in public and nqn-public schools, 2. Implementation of the Dori Slosberg Dry er Education Safety Act is in the bist interest of the citizens of St. Lucie unty. NOW, THEREFORE, BE IT ORDAINED by i he Board of County Commissionersi of St. Lucie County, Florida: , 1 8.M.1.b Packet Pg. 89 8.M.1.b PART A. CREATION OF ARTICLE M (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) Article III (Driver Education Safety Trust Fund) of chapter 1-7 (Courts) of the Code of Ordinances of St. Lucie Cou4, Florida, is hereby created to read as follows* ARTICLE In., DRIVER EDUCATION SAFETY MIST FUND Sec. 1-7-30, Authority t`nr enactment of article, f Sec. 1-7-31. De f nitions. meanings ascri§ed to them: commissioners pf 51,19cie CarM. Florida. _ ----�, Clerk shpI I mean the clerk of the circuit court and, county court of St. Lucie Gourd, . Morida. I Sec. I -7-32. Creation of Fund and accountiLWL �. Packet Pg. 90 8.M.1.b Sec. 1 -7-33. Expenditures. eaucaTronai expenses and shall not, be used for administration. In order to receive qssislqnce grants f rom the briver Education 1.5a e . Trust Fund programs shall be selected as program recipients on t e basis a_f selection rocedures w ich shall be Oevelgoed by the coup —.."administrator Such procedures sh 11 include as a basis for selection the o Final a roval ishall be madg_by the board of coup —thepr2qrgr com issioners Ms-UP-1n recomm2ndati n by the county administrator, and sele tions shall be made annually.- PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adoptec prior to January 1, 1969, Coonty' ohdinances and County resolutions, or part thereof, in conflict with this ordirlance are hereby superseded by this ord ncince to the extent of such .conflic FART C. SEVERABILM AND APPLYCABILM. rf any portion of this ordinance is for any reasc be unconstitutional, inoperative, or void, such holding remaining poriions of this ordinance. If this ordinc thereof shall ' be held to be inapplicable to any circumstance, such holding shall not affect its appli person, proper y, or circumstance. E f 1 3 held or declared to Ball not affect the :e or any provision rson, property, or :4ity to any other Packet Pg. 91 8.M.1.b PART D. FILING WM THE bEPART'MENT OF STATE. The Clerk is hereby dii-ected 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 E. ERFECTIYE DATE. This ordinance shall take effect on October 1., 202, PART F. ADOPTION: After motion and second, the vote on this ordina.1n ce was as follows, I a. Chpirman Doug Coward AYE' lice Chairman Cliff Barnes ABS. T Commissioner Frannie Hutchinson AYE Comtnissioner Paula A. Lewis AYE. Commissioner John b. Bruhn AYE PART G. CODIFICATION. Provision of this ordinance shall be incorporated in the Code of Ordinances of St, Lucie. County, Florida, and the word "ordinance" may be changed to "suction", "article", or other appropriate wc rd, and the sections of this ordiOnce may be. renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shc Il not be codified, PASSED AND DULY ADOPTED this 18" DAY Ot June, 2002. BOARb OF COUNTY ST. LUCIE CQVNiY BY �•,c, .fh'41,a,t�,�a3' 4 MMISSIONER,S DRUM t rµr, r Packet Pg. 92 F I Packet Pg. 93 1 U FFICE OF MAMA GEMENT BUDGE'[ TO: FROM: DATE: SUBJECT: Howard Tipton, County Administrator Jennifer Hill, Director INAk Office of Management & Bi@get November 7, 2018 Dori Slosberg Mini Grant MEMORANDUM On June 18, 2002, the St. Lucie County Board of County Commissioners (BOCC) enacted Ordinance 02-17 providing for the creation of a Driver Education Safety Trust Fund based on the Dori Slosberg Driver Education Safety Act, Florida Statutes 318.1215. The funding is designed to assist driver education safety programs in public and non-public schools in the County. Funds can be used for direct education expenses and not for administration. St. Lucie BOCC decided to distribute the funds through a competitive mini -grants process. The County Administrator has been given the authority (Ordinance 02-17, Sec. 1-7-33) to establish selection criteria based on the success of the program, and to recommend grant awards to the Board for final approval. Individual awards will be based on the number of qualified applicants and availability of funds at the time of selection. There is a $50,000 cap on individual grant awards. As of September 30, 2018, we have $127,365 available cash in the Dori Slosberg Driving Safety Fund (107004). Disbursement of the staff recommended funding of $109,038 will leave a balance of $18,327. We have received the following applications for the FY 2019 Dori Slosberg mini grant: Requestor Requested Recommended Ft. Pierce Central High School $18,172.66 $18,173.00 Ft. Pierce Westwood High School $18,172.66 $18,173.00 Lincoln Park Academy High School $18,172.66 $18,173.00 Treasure Coast High School $18,172.66 $18,173.00 Port St. Lucie High School $18,172.66 $18,173.00 St. Lucie West Centennial High School* $18,172.66 $18,173.00 Total $109,035.96 $109,038 *The multimedia instruction at Centennial High School is no longer part of the School Board's driver's education program. Moving forward, the driver training opportunities will be the same at each location. ST. LUCIE Packet Pg. 94 8.M.1.c The total recommended application funding requests to be considered for FY 2019 is $109,038 (6 public schools). The application requests for prior year FY 2018 was $218,071.92 for six public schools and the awarded amount was $129,660. Since the St. Lucie County School Board was the only applicant for the Doris Slosberg grant, the Office of Management and Budget recommends the County Administrator submit a recommendation for approval of the $109,038 to the Board of County Commissioners. OMB will prepare an agenda item for Board approval based on your recommendations. Please let me know if you have any questions. /ah 19-07 c: Katherine Barbieri, Assistant County Attorney Attachments: Grant applications Approval of the recommended awards $109,038. Date Lucie County Packet Pg. 95 8.M.1.d ST. LUCIE COUNTY DORI SLOSBERG DRIVER EDUCATION SAFETY ACT MINI -GRANT PROGRAM SECTION A. APPLICANT INFORMATION Identify the agency or organization and official who is authorized to execute any grant related documents: 1. 2. 3. 4. 5. 6. 7. 8. Applicant Name: st. Lucie Public schools Address: 501 NW University Blvd Port St. Lucie, FL 34986 Telephone number: 772429-3952 Authorized official: Dr. Helen wild Fiscal officer: Michelle Thomas Program director: Megan Green Federal Identification Number: 59-6000832 Status: Public School X Non -Public School SECTION B. PROGRAM INFORMATION 1. Program name: Driver's Education 2. Program type: ClassrocmIon-Road 3. Total program budget (attach copy of proposed program budget): $109,035.96 4. Amount of grant funds requested: $109,035.96 5. List other committed (note with "') and/or potential funding sources for program and any matching requirements for such funds: Funding source: Amount: 6. Estimated number of students to be served: 7. Cost per participant: Amount of funds requested divided by estimated number of students served: 324 (27 at each site per semester for a total of two semesters) S. Is at least 30% of the student's time spent in behind —the-wheel training? Yes SECTION C. NARRATIVE INFORMATION: On attached sheet(s), answer the following questions as concisely as possible. Please limit total response to 500 words or less. 1. What type of program is proposed? What services will it provide to participants? 1 Packet Pg. 96 8.M.1.d 2. What procedures and guidelines will be used to select and monitor program participants? 3. What specific outcomes do you seek to achieve? Describe in measurable terms the outcomes sought. SECTION D. CERTIFICATION: I do hereby certify that all facts, figures and representation made in this application are true and correct. Furthermore, all applicable statutes, regulations and procedures for program compliance and fiscal control shall be implements to insure proper accountability of any grant funds awarded. I further certify that the funds requested in this application shall not supplant funds that would otherwise be used for the purpose set forth in this application. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the Grant Applicant in connection with this application. X_ Auth�ed ¢fftgial's Signature Date 101Q3 nt Applicant Dr. Helen Wild Type Authorized Official's Name Megan Green MUST BE RECEIVED NO LATER THAN 5.00 P.M., October 19, 2018. MAIL, FAX, OR DELIVER YOUR APPLICATION: St. Lucie County Board of County Commissioners Office of Management and Budget 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Fax: 772-462-2117 RE: Dori Slosberg Driver Education .Safety Act Mini -Grant Program 2 Packet Pg. 97 8.M.1.d St. Lucie Public Schools Dori Slosberg Grant Application: October 2018 Narrative Information: After School Class room/On-the-Road Driver's Instruction i . This grant will provide students with a six -hour on -the -road component of the Driver Education Program. 2. A commercial driving vehicle will be provided for driving instruction for students with a valid learner's permit. 3. The main objective is to provide students with the skills and knowledge to be safe drivers. 4. The students enrolled in the on -the -road Driver Education Program will successfully complete the course and qualify for a Florida Driver's License. Packet Pg. 98 8.N.1 ITEM NO. (ID # 5675) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Summer Ivey -Platt, Venue Coordinator Parks & Special Facilities Division Adams Ranch Rodeo Fee Waiver DATE: 11/27/2018 *CONSENT AGENDA\PARKS & RECREATION The St. Lucie County Cattlemen and Cattlewomen's Association, a 501(c)(3) tax-exempt organization, is planning its 8th Annual Adams Ranch Rodeo. The event attracts 1,200-1,500 residents and visitors and is the organization's primary fundraiser. Funds from this event, and others, are used by the organization to support local agricultural promotional events, local 4-H and FFA clubs and students in both high school and college. In the last seven years, the group has dispersed more than $25,000 to support these efforts. The St. Lucie County Cattlemen and Cattlewomen's Association is requesting a fee waiver in the amount of $2,396.25. The event is scheduled to take place on Saturday, March 30, 2019. Additional costs for County staff, electricity usage and cleaning fees in the amount of $1489.25 Will be paid by the renter. As per section B8 in Exhibit A of Resolution 14-053 adopted by the BOCC on April 15, 2014: Facility use fees may be waived by the Board of County Commissioners for: a) Program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(C)(3)of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff, equipment, and supplies may not be waived by the Board of County Commissioners. PREVIOUS ACTION: March 7, 2017 - BOCC approval to waive $2396.26 in Fairgrounds facility rental fees for the 7th Annual Adams Ranch Rodeo October 20, 2015 - BOCC approval to waive $2396.25 in Fairgrounds facility rental fees for the 6th Annual Adams Ranch Rodeo. Packet Pg. 99 8.N.1 December 16, 2014 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 5th Annual Adams Ranch Rodeo. October 15, 2013 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 4th Annual Adams Ranch Rodeo. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $2,396.25 in rental fee from the User Fees revenue account (#001-7511-347221-7420). RECOMMENDATION: Staff recommends Board approval to waive $2,396.25 in fairgrounds facility rental fees for the 8th Annual Adams Ranch Rodeo on March 30, 2019. COMMISSION ACTION: Coordination/Signatures s Edward Matthews, Pares & Recreat" n Director 11/6/2018 iD,nieYs. McIntyre, C my ttorney 11/9/2018 �Bjw�� 1 y BZWer, DeRAV County Administrator 11/9/2018 Updated: 11/20/2018 5:05 PM by Katrina Slay Page 2 Packet Pg. 100 8.N.1.a St Luci, Conn1y Cwdemeni Auociation 41St. Lucie County Cattlemen's Association - www.stiuciecattlemen.org October 22, 2018 Mr. Edward Matthews, Director Parks, Recreation, & Facilities Tourism & Venues Division 2000 Virginia Avenue Fort Pierce, FL 34982 Mr. Matthews: The St. Lucie County Cattlemen and Cattlewomen's Association would like to formally request a waiver of fees and concessionaire requirements for the 9th Annual Adams Ranch Rodeo to be held March 30, 2019 at the St. Lucie County Fairgrounds. In St. Lucie County alone, agricultural and related industries generate 21,827 jobs (21.6% of total) and $1.20 billion in revenues or 18.7% of gross regional product. The St. Lucie County Cattlemen's Association has had a strong presence in St. Lucie County for more than 60 years and for 50 years held an annual parade that became a tradition and event to look forward to each year by many residents. Five years ago, Adams Ranch approached the Association with the concept of a Ranch Rodeo and the natural location to host such an event is the Adams Ranch Arena at the St. Lucie County Fairgrounds. A Ranch Rodeo is unique in that it features competition events that are what ranchers do every day as part of their job. In the last five years, this event has become a highly respected and sought after rodeo on the state ranch rodeo circuit due to the location, organization and prize money available. The Cattlemen and Cattlewomen's Association uses this event as its primary fundraiser. The event attracted 1,200-1,500 residents last year alone. Funds from this event, and others, are used by the St. Lucie County Cattlemen and Cattlewomen's Association to support local agricultural promotional events, local 4-H and FFA clubs and students in both high school and college. In the last seven years, the group has disbursed more than $25,000 to support these efforts. As a whole, the St. Lucie County Cattlemen and Cattlewomen's Association is affiliated with the statewide Florida Cattlemen and Cattlewomen's Association and the National Cattlemen's Beef Association and American National Cattlewomen. Each work in a grassroots fashion to support, promote and advocate for the cattle and beef industry. I ask you to consider this request and to please contact me if you have any questions. Sincerely, Bryan Beaty Secretary/Treasurer Packet Pg. 101 8.N.1.b ESTIMATE OF FEES COUNTY VENUE: St. Lucie County Fairgrounds PHONE: 772-462-2581 FAX:772-462-2579 Estimate Date: September 6. 2018 Event Date: 3/30/2019 Event Day: Saturday Event: 9th Annual Adam's Ranch Rodeo Event Times: 11 am-11 pm No. of Attendees 1200 Set Up/Load In: 3/29/2019 L Contact: Bryan Beaty Break Down/Load Out: m > Total Event Hours, inc. Load in/Out: 20 Organization: St. Lucie County Cattlemen's Association Address: 1493 South Brocksmith Rd U_ Fort Pierce. FL 34945 ° m Office Phone: Fax: 0 0 Cell: 772-201-5371 E-mail Address: btbeatv681(a0mail.com Facility Use Fee Rate c Fee Adam's Arena Ticketed Event - Non -Profit SLC 501c(3) S 2.000.00 S2,000.0( Load -in/ Load -out: S 1.000.00 S1,000.0( Q Rental of the Adam's Arena inclaces access to. Sub -total S3,000.0( ti co t. Adam's Arena 4. AA System and Announcer Booth Deduct 25% Nonprofit Discount S750.0( 2. Restrooms 5. Front gates and parking lot Inot the ticket booths) Revised Sub -total S2,250.0( 0) 3. Adam's Arena OfficelConcession Area Sales Tax 6.5% $146.21 M FACILITY USE FEE TOTAL S2,396.21. cli W Facility Rental Fees Waiver to be stubmitted to St. Lucie County BOCC E Equipment Use Fees Rate Trolley 1 Day @ $350/ 4 Hours S350.01 U' Additional Trolley Hours 2 hours @ S50/Hour S100.01 c Sales Tax 6.5% EQUIPMENT FEES TOTAL Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 20 hours @ S26 Event Support 10 hours @ S19 Other Fees Electric Fee Cleaning Fee Security Deposit (refundable) Payable to St. Lucie County BOCC STAFF FEES TOTAL Arena 501-1500 attendees S292: S479.2: S520.01 $190.01 $710.01 $100.01 S200.01 OTHER FEES TOTAL $300.01 SECURITY DEPOSIT TOTAL S0.01 TOTAL EST11MATEO CHARGES — If waiver is granted" S1.4892' Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by Estimate Accepted by FORM APPROVE aura Cubbed e D MAY 20 Packet Pg. 102 8.N.1.c Internal Revenue Service Director, Exempt Organizations Rulings & Agreements P.O. Box 2508 Cincinnati OH 45202 Date: OCT Q "' 2011 Florida Cattlemens County Association Inc. c/o Thomas J. Bryant, CPA PO Box 508 Lakeland, FL 33802-0508 Department of the Treasury Employer Identification Number: 27-2003408 Person to Contact and ID Number: Harold J. Fodor ID # 31675 Toll Free Contact Number: (877) 829-5500 Addendum Applies Yes Dear Sir or Madam: 5l We have considered your application for a group exemption letter recognizing your subordinates as exempt from federal income tax under section 501(a) of the Internal Revenue Code as organizations of the type described in section 501(c)(5). Our records show that you were recognized as exempt from federal income tax under section 501(c)(3) of the Code. YouT exemption letter remains in effect. Based on information you supplied, we recognize your subordinates whose names appear on the list you submitted as exempt from federal income tax under section 501(c)(5) of the Code. Your subordinates whose gross receipts each year are normally more than $50,000 are each required to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month after the end of their annual accounting period. If you prefe m may file a group return for those subordinates that authorize you in writing to include them in that retum lf_ you are req d file Form 920 for your own activities, you must file a separate return. and ma not be included on any u return that ITAII file For our subordinates. The law imposes a penalty of 20 a ay when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty unposed cannot exceed $10,000 or 5 percent of gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts e2weeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so your subordinates should make sure their returns are complete before filing them. For tax periods beginning after December 31, 2006, and before December 31, 2010, organizations with gross receipts of $25,000 or less must file an annual electronic .notice, Form 990-N. For'tax 1,erinds after De, ezwbvr 31, 2010, the gross receipts limit changed from $25,000 to $50,000_ a Packet Pg. 103 8.N.1.c Organizations included in a group return are excepted from tMs requirement_ Alternatively. organizations with gross receipts of $50,000 or lay may We a complete Form 990 Package. You subordinates are required to matte their annual information return, Form 990 Or Form 990- FQ, available for public inspection for three years after the later of the due date of the return or.the date the return is filed. You and your subordinates are also required to make available for public inspection your group exemption application., any supporting documents and this exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Stulus for Your Organization, or you may call our toll Free number shown above_ Unless specifically excepted, each of your subordinates is liable for social security (FICA) taxes for each employee to whom the subordinate paid $100 or more during a calendar year and unemployment (FUTA) taxes for each employee to whom the silbordinate paid $50 or more in a calendar quarter. FUTA tax is due for each of these employees only if the subordinate paid total wage of $1,500 or more during any calendar- quarto, or if the subordinate had any employees in any 20 calendar wed during the year_ Each year, at least 90 days before the end of your annual accounting period, please send the items listed below to the Internal Revenue Service Center at the address shown below. 1. A statement describing any changes during the yvu iu the purposes, character, or method of E operation of your subordinates; o 2. A list showing the names, mailing addresses (including Postal ZIP codes), actual addresses if � different, and employer identification numbers of subordinates that, since your previous report: o a. Changed names or address; LO b. Were deleted from your roster, or c. Were added to your roster. E 3. For subordinates to be. added, attach: r a. A statement that the information on which your present group exemption letter is based ci applies to the new subordinates; b_ A statement that each has given you written authorization to add its name to the roster; � c. ,A, list of those to which the Service previo� Liss , erm tion rulin letters; or determination -- "—'d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the Z group exemption letter covers organizations described in section C6 501(c)(3 ); e. The street address of each subordinate whose mailing address is a P.O. Sox; and E f The information required by Revenue Procedure 75-•50, 1975-2 C_R- 597, for each CU subordinate that is a school claiming exemption under section 501(c)(3). Also include any other a information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 210. This is th,e same information required by Schedule B, Forth 1023, Applicatiein for Recngaition of Exemption Under Section 501(c)(3) of the Luternal Revenue Code. Packet Pg. 104 8.N.1.c 4. If applicable, a statement that your group exemption roster did not change since your III tli+ ►us rgOrt. Please mail the information roquu e-,d in this lcttci to the follniving address: Internal Revenue Service Ogden UT 84201 Revenue Procedure 80-27, 1980-1 C.B. 677, section 4.02, part 6, provides that group exemption letter may be issued covering subordinates, of which one or more have been organized prior to 15 months of the date of submission of the group exemption request, only if all subordinates agree to prospective exemption from the filing date of the group exemption request. Since you have subordinates that were organized prior to 15 months of the date of your application and your subordinates have agreed to prospective exemption, the exempt status of those subordinates is effective on January 1, 2010, the beginning of the next fiscal year following your bate of formation. Your subordinates are required to file Federal income tax return(--), Form 1120 and pay any t;ixes due, for each year or part of a year that ended prior to the effective date of your group exemption, our subordinates are required to include this number on !MKFT"_��990, Return of Ong otzotz n Exempt From. Income Tax, and Form 990-T, Exempt Organization Rosiness lucome Tax Rowu4 that tbcy file_ Plea►se advise your mib"rdinates cif this require ueut and provide thorn with the Croup Exemption Number. Please see enclosed Publication 4221-NC, Compliance Guide for Tax Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations), for some helpful information about the responsibilities of you and your subordinates as exempt organizations. This publication and other useful information is available on the 1RS Charities and Non -Profits website at www_irs_wv/eo. If the heading of this letter indicates that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about the exempt status and foundation status of your subordinates, you should keep it for your records. We have sent a copy of this letter to your representative as indicated in your power of attorney, z r c If you have any questions, please contact the perscfin whose name and telephone number are shown is the heading of this letter. a Packet Pg. 105 8.N.1.c Sincerely you, Lois G. Lemer Dirmor, Exempt Organizations Rev. 7-152011 a� a� a� LL O m O c N E R Q LO to C N E 7 V O 0 U r O LO N C d E O r O U O v J r v r Z a+ C N E t V fC a+ a+ Q Packet Pg. 106 8.N.1.c IL n � H O O O CO (a 6.), � � m m1. 0. 1L i 1L- 1- IF- f- r- m m r CL m m r m o_Qao_ae.an_n_aaaa,,-c::,aaaLLaaao_a a aaaLL 2 m n m m m 2z m :E;Z=-mma:g����r�g�� w w w w w w w w www^w.:w w w w w w w w w u w w w w wwwLLI UA wwwL>Lll wwwwwwwLXi+wu www N 9 O N cl [O a(y m !LJ QN (00 t0 `fD or M M J P3 M J _I -1 m m N LL O J J LL LL m U. +"� M g LL cc p m Eu- u N LL N y W C= C= Om� j o O C9 C m g W 0 w o r 5 L° o w y M LL V7 n. ,•yC ~' j U •L•• i K Y •U S N d Q `J�' C a V fh f1 @ v�i�w mNw ozciii N r^ to 0 W CO 0 0 KJ O w UO m A O) r M 0 0; N to r! m r N UP(V < r cV n M T LL w N N tc� io e� OMi N O M N O C, O mto Z Wum v N m = o w N W m m m N m m N n N t0.7 N N N cm7 N tv n n n n to n a N N N N N N N N m N N 0 LO V Y. C z C O O 5 ci f0 s o U m Q •U O W •v 0 fO S C 0 •� •= N sic •o 'it (j i) o _0 is O .� m •o m • 8 O •y Q 3 O N Q V 0 vyQi Q D <n G m y � N p Q C��¢� Q � V �h IA _���� d, ¢ O d r• y m a U V U�y�m _ N�r aVA e.3�.''qq W ��i QV VUCJV L]❑cs.i7C7C7x' p2 x Y. Sl1 IL F' r N M in [O h m m o Y r. m J OOD C •OS NC-, O m CO M J O ID tL mF- CO M LL V f7 J O LL LL .r " m 2 M C n LL Q1 _J LLm LL LL LL -Op p=! c 47 U U D LL c9 U a N aci o m 0> m •C j C d L W a Q m Q m CA Q NSA. m V O O? 9 }• C LT. O �. Z Q cc a O M 4, U N m V O w LO 0m 1q O O n O N m CO m w N- V Q Q < n N N yr Ol h M N CD f�3 m V• v a! CP � �n N N CD fh0 n r �n N n h w w o •n n M m �n m v Vm^ ^ rn o v i vh two m O m W O OD M r aD r -1 U] V Cm M N .� r 0 7 r n N lO r N N N N m Cm N N N M N N N N N N U U fj e�y .�+ m .� _� W .� ._ U J •RS vm� h h U u 00 1[1 m T m 0 o N [O ^ LO f0 n Rl N N N N CV Cl N N N a Packet Pg. 107 8.0.1 ITEM NO. (ID # 5712) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 11/27/2018 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Leslie Olson, Director, Planning & Development Services Planning & Development Services Land Management System Software Contract On February 4, 2015, the County issued a Request for Proposals (No. 15-019) for Land Management Systems to provide for online permitting, planning and code enforcement application processing and records management. Following review of all proposals, including presentations by each company, Tyler Technologies EnerGov system was ranked as the most qualified to meet the County's needs. Contract negotiations are complete, and the funds required for the system are budgeted. Through the negotiation process, staff have broadened the users for the system to Environmental Resources permitting, Engineering permitting and Stormwater permitting. This will create a more streamlined experience for our land development customers, and a better system for records management. Planning and Development Services will pay the first year's contract fee alone, and the additional departments will budget their license and support fees pro rata in coming years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: FY 2018/2019 Contract Total of $865,393.00 is available and budgeted in account numbers: 491-2415- 534110-200 102-15101-534110-100 102-1510-531000-100, and 102-2415-534110-200 RECOMMENDATION: Staff recommends the Board approve the contract and NDA with Tyler Technologies, Inc. for the EnerGov Land Management System Software as approved by the County Attorney's office, and authorize the Chair to sign. COMMISSION ACTION: Packet Pg. 108 8.0.1 Coordination/Signatures Heather Young, Asst. County Attorney 1/20/2018 — '// D'� , L:- /Hardipton, Count Administrato 11/21/2018 Updated: 11/20/2018 2:58 PM by Jennifer Garrity Page 2 Packet Pg. 109 8.0.1.a • •••",` tyler • technologies SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Tyler participated in the competitive bid process in response to St Lucie County's RFP 15-019 by submitting a proposal for Land Management Systems; and WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler's proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A— DEFINITIONS • "Agreement" means this Software as a Services Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means St. Lucie County, Florida. • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. • "Defined Users" means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date by which both your and our authorized representatives have signed the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Packet Pg. 110 8.O.1.a Invoicing and Payment Policy is attached as Exhibit B. • "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. • "Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D. • "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party Software" means the third party software, if any, identified in the Investment Summary. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • "we", "us", `bur" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(8). 2. Section 508 Compliance. Tyler certifies and warrants that its Citizen Self Service software module is compliant with the accessibility requirements of Section 508 Amendment to the Rehabilitation Act of 1973 (29 U.S.C. § 794 (d)) existing as of the Effective Date of this Agreement. Tyler shall take commercially reasonable actions to maintain compliance should such laws, as applicable, be revised and shall resolve compliance issues within a commercially reasonable timeframe or as mutually agreed to by the parties. 3. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Packet Pg. 111 8.0.1.a Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 4. Tyler agrees to provide three (3) instances of the Energov software: Development, Test and Production that are accessible to St. Lucie County employees. These three instances should remain available through implementation and after for as long as Client has a support agreement with Tyler 5. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 6. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 7. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(8), below, the SLA and our then current Support Call Process. 8. SaaS Services. 8.1 Our SaaS Services are audited at least yearly in accordance with the American Institute of Certified Public Accountants' ("AICPA") Statement on Standards for Attestation Engagements ("SSAE") No. 18. We have attained, and will maintain, System and Organization Controls ("SOC") 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. Packet Pg. 112 8.0.1.a 8.2 You will be hosted on shared hardware in a Tyler data center, but in a database dedicated to you, which is inaccessible to our other customers. 8.3 We have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 8.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 8.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 8.6 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 8.7 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned Data. 8.8 We provide secure Data transmission paths between each of your workstations and our servers 8.9 For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Our data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 8.10 Where applicable with respect to our applications that take or process card payment data, we Packet Pg. 113 8.0.1.a are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C — OTHER PROFESSIONAL SERVICES Other Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. We will not add services to this Agreement without your advance written permission 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance for convenience (other than for Force Majeure or breach by us) when such services were scheduled at least 30 calendar days prior (unless otherwise agreed to by the parties), you will be liable for all (a) non- refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re -perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation -related services outlined in this Agreement. We will not be Packet Pg. 114 8.0.1.a liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 8. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 8.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then -current version and the immediately prior version); 8.2 will at no time make a change to the Client environment without the expressed consent of the Client; 8.3 provide telephone support during our established support hours; 8.4 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 8.5 make available to you all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; 8.6 will ensure that the software functionality will not be materially diminished through future releases of the Tyler Software, consistent with Section B(7) above; and 8.7 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our then -current release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then - current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at Packet Pg. 115 8.O.1.a least one (1) weeks' advance notice. SECTION D—THIRD PARTY PRODUCTS 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION F —TERM AND TERMINATION Term. The initial term of this Agreement is three (3) years from the first day of the first month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement may be renewed for additional one (1) year renewal terms at our then - current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the Tyler Software and the SaaS Packet Pg. 116 8.0.1.a Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3). 2.3 Without Cause. Either party may terminate this Agreement without cause upon ninety (90) days prior written notice to other party. 2.4 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.5 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 2.6 Fees for Termination without Cause during Initial Term. If you terminate this Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this Agreement during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: if you terminate during the first year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term; if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 15% of the SaaS Fees then due for the remainder of the initial term; and if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the SaaS Fees then due for the remainder of the initial term. 3. Provision of Client Data. In the event of termination or nonrenewal of this Agreement, Tyler Packet Pg. 117 8.0.1.a shall, within thirty (30) days of Client request, provide to Client a copy of the Client SQL database then residing in Tyler's hosted environment. SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and Packet Pg. 118 8.0.1.a information in defending the claim at your expense. Any obligations pursuant to this paragraph are subject to the applicable limitations set forth in Section 768.28 Florida Statutes. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(2), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION H — GENERAL TERMS AND CONDITIONS Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in Packet Pg. 119 8.0.1.a good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. Packet Pg. 120 8.0.1.a 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar Packet Pg. 121 8.0.1.a applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. Nothing contained in this Agreement precludes the County from disclosing any part of this Agreement (including Exhibit A — Investment Summary and Exhibit E — Statement of Work) if necessary to comply with applicable state or federal laws, and the parties agree that in such case those contract documents and invoice/payment records shall not be considered confidential information. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Public Records. To the extent required by applicable State law, Tyler Technologies shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by Tyler Technologies in conjunction with this Contract. Specifically, to the extent required by applicable State law, Tyler Technologies 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 provide 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 Tyler Technologies 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. 23. IF TYLER TECHNOLOGIES HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TYLER TECHNOLOGIES' DUTY TO PROVIDE PUBLIC Packet Pg. 122 8.0.1.a RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@sducieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 24. Scrutinized Companies Termination. The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. 25. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Service Level Agreement Schedule 1: Support Call Process Exhibit D Third Party Terms Exhibit E Statement of Work IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies By: Name Title Date ATTEST DEPUTY CLERK BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair Date APPROVED AS TO FORM AND CORRECTNESS: Wr COUNTY ATTORNEY Packet Pg. 123 8.0.1.a Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attn: Chief Legal Officer Address for Notices: St. Lucie County 2300 Virginia Ave Fort Pierce, FL 34982 Attn: St. Lucie County Administrator Copy To: St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 Packet Pg. 124 8.0.1.a . •••'••❖tyler :• . technologies Exhibit A Investment Summary The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Packet Pg. 125 8.0.1.a •• Quoted By: Garth Magness •a 0 tyler Date: I1/12/2018 • •04 technologies Quote Expiration: Q p 3/13/2019 � Quote Name: St. Lucie County-LGD-EG-PLM Quote Number: 2018-57373 Quote Description: 2018 PLM LRM SaaS x w t Sales Quotation For St. Lucie County 201 S Indian River Dr ii r Fort Pierce, FL 34950-4336 Q Phone +1 (772) 462-1777 to U) 0 0 L EnerGov SaaS - Silver w Description M• - 0 Core Software: c EnerGov Business Management Suite $169.00 10 $20,280.00 0 v EnerGov Community Development Suite $161.00 61 $117,852.00 EnerGov View Only Licenses (All Suites) $29.00 12 $4,176.00 Extensions: r m EnerGov Central Cashiering SDK $0.00 1 $0.00 EnerGov Citizen Self Service - Business Management $1,667.00 Site License $20,000.00 c EnerGov Citizen Self Service - Community Development $1,667.00 Site License $20,000.00 EnerGov Credit Card Payment API $458.00 Site License $5,500.00 EnerGov e-Reviews $2,417.00 Site License $29,000.00 J EnerGov IG Workforce Apps $49.00 17 $9,996.00 EnerGov IVR $1,583.00 Site License $19,000.00 EnerGov My GovPay $0.00 1 $0.00 E EnerGov Report Toolkit $0.00 1 $0.00 0 r r Q 2018-57373 - 2018 PLM LRM SaaS CONFIDENTIAL 1 of 4 Packet Pg. 126 8.0.1.a EnerGov SaaS - Silver EnerGov Standard Technical Support $0.00 1 EnerGov VirtualPay $0.00 1 Tyler GIS $0.00 1 Sub -Total: Less Discount. TOTAL: EnerGov Professional Services EnerGov Configuration Services 2000 $210.00 EnerGov Data Conversion Services 200 $270.00 EnerGov Fundamentals Admin Training 40 $175.00 EnerGov Project Management Services 500 $210.00 Integration Services - Banner GL Export 40 $270.00 Report Writing Training (SSRS) 1 $2,500.00 Training & Production Support Services 240 $175.00 TOTAL: Summary Total SaaS Total Tyler Software Total Tyler Services Total 3rd Party Hardware, Software and Services Summary Total 2018-57373 - 2018 PLM LRM SaaS One Time Fees $0.00 $0.00 $641,300.00 $0.00 $641,300.00 Recurring Fees $224,093.00 $0.00 $0.00 $0.00 $224,093.00 CONFIDENTIAL $420,000.00 $54,000.00 $7,000.00 $105,000.00 $10,800.00 $2,500.00 $42,000.00 $641,300.00 $0.00 $0.00 $0.00 $245,804.00 $21, 711.00 $224,093.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 of 4 N ti LO Packet Pg. 127 8.0.1.a Summary Year One Contract Total Estimated Travel Expenses One Time Fees $865,393.00 $34,000.00 Recurring Fees Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Print Name: All primary values quoted in US Dollars 2018-57373 - 2018 PLM LRM SaaS Date: CONFIDENTIAL N ti 3 of 4 Packet Pg. 128 8.0.1.a Comments Comments e-Planning requires B1ueBeam Studio Prime pricing is as follows: - Bluebeam Studio Prime Level 1 (up to 100 users), Subscription - $2,340 - Bluebeam Studio Prime Level 2 (up to 200 users), Subscription - $4,140 - Bluebeam Studio Prime Level 3 (up to 500 users), Subscription - $9,540 - Bluebeam Studio Prime Level 4 (up to 1000 users), Subscription - $17,940 EnerGov monthly fees are rounded, excluding cents. EnerGov SaaS includes up to 1GB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $3,000 per TB. Unique Business Transactions in Scope = up to 75 Transactions Template Business Transactions in Scope = up to 5 Transactions Geo-Rules within Scope = up to 5 Geo-Rules Intelligent Objects and IAA's within Scope = up to 10 IO/IAA Custom Reports/Output documents within scope = up to 15 reports Integrations within scope = 1 (Banner GL Interface) Data Conversion Sources within scope = 3 (CodeView SQL & Code Enforcement and Growth Management SQL) (Client intends to configure additional processes, may require assistance from Tyler at the Configuration Services rates set forth in the agreement.) 2018-57373 - 2018 PLM LRM SaaS CONFIDENTIAL b c 0 U E m N R 7 0 r.+ C E t V R 4 of 4 Q Packet Pg. 129 8.0.1.a • •••",` tyler • technologies Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. SaaS Fees as set forth in the Investment Summary will remain in effect for the first three (3) years beginning on the Effective Date. In the fourth year, SaaS fees will be at our then current rates. 2. Other Tvler Software and Services. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. 2.6 Other Fixed Price Services: Other fixed price services are invoiced upon complete delivery of Packet Pg. 130 8.O.1.a the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. 2.7 Change Management Services: If you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones: Acceptance of Change Management Discovery Analysis 15% Delivery of Change Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15% Acceptance of Resistance Management Plan 15% Acceptance of Procedural Change Communications Plan 10% Change Management Coach Training 20% Change Management After -Action Review 15% 3. Third Partv Products. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading. 3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 4. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then -current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. —Operating Packet Pg. 131 8.0.1.a • •••",` tyler • technologies Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler's Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee's total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee's total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for "Basic Economy Fares" because these fares are non- refundable and have many restrictions that outweigh the cost -savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. Packet Pg. 132 8.0.1.a 2. Ground Transportation A. Private Automobile Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Packet Pg. 133 8.0.1.a 4 Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of Defense and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Day Return before 12:00 noon Return between 12:00 noon & 7:00 p.m Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfast and lunch Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* Packet Pg. 134 8.0.1.a *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access— Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the "lowest practical coach fare" with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. Packet Pg. 135 8.0.1.a • ••;•;• . tyler M • technologies Exhibit C SERVICE LEVEL AGREEMENT Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Attainment: The percentage of time the Tyler Software is available during a calendar quarter, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control. Downtime: Those minutes during which the Tyler Software is not available for your use or those minutes in which Client is experiencing a Priority Level 1 incident, as defined in the Support Call Process. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. III. Service Availability The Service Availability of the Tyler Software is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support incident number. You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter's end. The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. Packet Pg. 136 8.0.1.a Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and support tickets to confirm that Downtime for which we were responsible indeed occurred. We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. C. Client Relief When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA per quarter will not exceed 25% of one quarter of the then -current SaaS Fee. The total credits confirmed by us in one or more quarters of a billing cycle will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis: 100% 98-99% Remedial action will be taken. 4% credit of fee for affected calendar quarter 100% 95-97% will be posted to next billing cycle 5% credit of fee for affected calendar quarter 100% 76-94% will be posted to next billing cycle 25% credit of fee for affected calendar 100% <75% quarter will be posted to next billing cycle You may request a report from us that documents the preceding quarter's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. V. Force Majeure You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its Packet Pg. 137 8.0.1.a acceptance of such a request. Packet Pg. 138 8.0.1.a • ••::•. t y I e r .� • technologies Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community — an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) — for less urgent and functionality -based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone — for urgent or complex questions, users receive toll -free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tylertech.com — for accessing client tools and other information including support contact information. (2) Tyler Community— available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates — where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Issue Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler's website or by calling software support directly. Packet Pg. 139 8.0.1.a Incident Priority Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain "characteristics" may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets Support incident that causes (a) Tyler shall provide an initial response to Priority Level complete application failure or 1 incidents within one (1) business hour of receipt of application unavailability; (b) the support incident. Tyler shall use commercially 1 application failure or unavailability in reasonable efforts to resolve such support incidents or Critical one or more of the client's remote provide a circumvention procedure within one (1) location; or (c) systemic loss of business day. For non -hosted customers, Tyler's multiple essential system functions. responsibility for lost or corrupted Data is limited to assisting the client in restoring its last available database. Support incident that causes (a) Tyler shall provide an initial response to Priority Level repeated, consistent failure of 2 incidents within four (4) business hours of receipt of essential functionality affecting more the support incident. Tyler shall use commercially 2 than one user or (b) loss or corruption reasonable efforts to resolve such support incidents or High of Data. provide a circumvention procedure within ten (10) business days. For non -hosted customers, Tyler's responsibility for loss or corrupted Data is limited to assisting the client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to Priority Level existing circumvention procedure, or a 3 incidents within one (1) business day of receipt of Priority Level 2 incident that affects the support incident. Tyler shall use commercially 3 only one user or for which there is an reasonable efforts to resolve such support incidents Medium existing circumvention procedure. without the need for a circumvention procedure with the next published maintenance update or service pack. For non -hosted customers, Tyler's responsibility for lost or corrupted Data is limited to assisting the client in restoring its last available database. Support incident that causes failure of Tyler shall provide an initial response to Priority Level 4 non -essential functionality or a 4 incidents within two (2) business days. Tyler shall Non- cosmetic or other issue that does not use commercially reasonable efforts to resolve such critical qualify as any other Priority Level. support incidents, as well as cosmetic issues, with a future version release. Packet Pg. 140 8.0.1.a Incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone — for immediate response, call toll -free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email — clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Support is able to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. Packet Pg. 141 8.0.1.a • ••::•. t y I e r .� • technologies Exhibit D MyGovPay/VirtualPay and IVR 1. MyGovPay/VirtualPay Licensing. Access to MyGovPay and/or Virtual Pay is hereby granted if Customer elects to use MyGovPay or VirtualPay, products of Tyler Technologies (Powered by Persolvent), designed for Citizen Users to use for processing online payments. (a) Special MyGovPay/VirtualPay Definitions. "Merchant Agreement" means the agreement between Customer and Persolvent that provides for the Merchant Fees. "Merchant Fees" means direct costs levied by Visa/Mastercard/Discover or other payment card companies for Interchange Fees, Dues, Assessments and Occurrence Fees, over which Tyler Technologies has no authority. "MyGovPay" means the Product of Tyler Technologies that allows members of the public to pay for Customer's services with a credit or other payment card on the Customer's citizen -facing web portal. "Persolvent" means Persolvent, formerly BankCard Services Worldwide, a Payment Card Industry (PCI) compliant processing agent through which the EnerGov Software passes credit card transactions. "Use Fees" means the Technology Fees, Authorization Fees and Program/Convenience Fees as listed in Use Fees Table in Section 2, titled MyGovPay/VirtualPay. "VirtualPay" means the Product of Tyler Technologies that allows the Customer to accept and process citizen user's credit or other payment card using the EnerGov Software. (b) Conditions of Use. If customer elects to use MyGovPay and/or VirtualPay the following terms apply: (1) Customer must apply for and agree to a Merchant Agreement with Persolvent. (2) Customer agrees that Citizen Users will be subject to Use Fees as listed in Use Fees table in Section 2. (3) Customer agrees that Use Fees are separate from and independent of Merchant Fees. (4) Customer agrees that this Agreement does not represent any modification to Customer's Merchant Agreement with Persolvent. (5) Customer agrees that Use Fees are for use on the MyGovPay/VirtualPay online system and will not be deposited or owed to Customer in any way. (6) Customer agrees that MyGovPay's and VirtualPay's ability to assess Use Fees is dictated by the Card Associations whose rules may change at any time and for any reason. If MyGovPay and/or VirtualPay, for any reason, are unable to process payments using Use Fees, Customer agrees that MyGovPay/VirtualPay reserves the right to negotiate a new pricing model with Customer for the continued use of MyGovPay and/or VirtualPay. 2. MVGovPay/VirtualPay Fees. Customer agrees that the Use Fees set forth on the following page will apply if Customer elects to use MyGovPay/VirtualPay. USE FEES TABLE FOLLOWS ON NEXT PAGE Packet Pg. 142 8.0.1.a Use Fees EnerGoVs MyGovPay (Online / card -not -present payments)** MyGovPay (Online Payments) MyGovPay (Online Payments) Percentage Based Fee +Transaction Fee Option 1: 2.79% $0.20 Government Entity Paid Option 2: 3.29% N/A Patron Paid **ACH processing is available fora fee of $20 per month and $0.30 per transaction. EnerGov's VirtualPay (retail card present) VirtualPay (Retail Payments) Virtual Pay (Retail Payments) Percentage Based Fee +Transaction Fee Option 1: 2.59% $0.15 Government Entity Paid Option 2: 2 99% N/A Patron Paid Patron Paid fees will be communicated as "Service Fees" to the cardholder, at the time of transaction. In the event that the average monthly transaction amount is below $30, Contractor reserves the right to apply an additional $0.20 service fee above the quoted rates above. 3. Interactive Voice Response ("IVR"). If IVR is selected by Customer and included in the pricing, the following additional terms and conditions shall apply of this Agreement: (a) Network Security. Customer acknowledges that a third -party is used by Tyler Technologies to process IVR Data. Customer's content will pass through and be stored on the third -party servers and will not be segregated or in a separate physical location from servers on which other customers' content is or will be transmitted or stored. (b) Content. Customer is responsible for the creation, editorial content, control, and all other aspects of content to be used solely in conjunction with the EnerGov Software. (c) Lawful Purposes. Customer shall not use the IVR system for any unlawful purpose. (d) Critical Application. Customer will not use the IVR system for any life-support application or other critical application where failure or potential failure of the IVR system can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support system, and delays in getting medicate care or other emergency services. (e) No Harmful Code. Customer represents and warrants that no content designed to delete, disable, deactivate, interfere with or otherwise harm any aspect of the IVR system now or in the future, shall be knowingly transmitted by Customer or Users. (f) IVR WARRANTY. Except as expressly set forth in this Agreement, TYLER TECHNOLOGIES MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON -INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR IVR. Packet Pg. 143 8.0.1.a • ••::•. t y I e r .� • technologies Exhibit E Statement of Work [Remainder of page intentionally left blank.] Packet Pg. 144 8.0.1.a Statement of Work Enterprise Group, Tyler Technologies Prepared for: St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 Prepared by: Tyler Technologies 2160 Satellite Blvd., Suite 300, Duluth, GA 30097 Tyler Technologies, Inc. www.tylertech.com cv J r a+ C N >_ t V R • r� Q Revised:l/26/2018 •••• tyler • Packet Pg. 145 8.0.1.a Table of Contents 1 EXECUTIVE SUMMARY.................................................................................................................5 1.1 PROJECT OVERVIEW............................................................................................................................ 5 1.2 PRODUCT SUMMARY ...........................................................................................................................5 1.3 PROJECTTIMELINE..............................................................................................................................5 1.4 PROJECT METHODOLOGY OVERVIEW..................................................................................................... 5 2 PROJECT GOVERNANCE...............................................................................................................7 2.1 CLIENT GOVERNANCE.......................................................................................................................... 7 2.1.1 Client Project Manager........................................................................................................... 7 2.1.2 Steering Committee................................................................................................................. 7 2.1.3 Executive Sponsor(s)................................................................................................................ 8 2.2 TYLER GOVERNANCE............................................................................................................................ 8 2.2.1 Tyler Project Manager............................................................................................................. 8 2.2.2 Tyler Implementation Management....................................................................................... 8 2.2.3 Tyler Executive Management.................................................................................................. 8 2.3 ACCEPTANCE AND ACKNOWLEDGMENT PROCESS..................................................................................... 8 3 OVERALL PROJECT ASSUMPTIONS.............................................................................................10 3.1 PROJECT, RESOURCES AND SCHEDULING............................................................................................... 10 3.2 DATA CONVERSION........................................................................................................................... 10 3.3 DATA EXCHANGES, MODIFICATIONS, FORMS AND REPORTS..................................................................... 11 3.4 HARDWARE AND SOFTWARE............................................................................................................... 11 3.5 ENVIRONMENTS AND DATABASES........................................................................................................11 3.6 EDUCATION......................................................................................................................................12 3.7 ASSUMPTION MITIGATION................................................................................................................. 12 4 IMPLEMENTATION STAGES........................................................................................................13 4.1 WORK BREAKDOWN STRUCTURE (WBS).............................................................................................. 13 4.2 INITIATE & PLAN (STAGE 1)................................................................................................................ 14 4.2.1 Tyler Internal Coordination & Planning.................................................................................14 4.2.2 System Infrastructure Planning.............................................................................................15 4.2.3 Project/Phase Planning.........................................................................................................16 4.2.4 Project Schedule....................................................................................................................17 4.2.5 Stakeholder Presentation......................................................................................................18 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance................................................................19 4.3 ASSESS & DEFINE (STAGE 2)...............................................................................................................20 4.3.1 Fundamentals Review...........................................................................................................20 4.3.2 Current/Future State Analysis............................................................................................... 21 2/67 a� L 0 E C d E d cc C R c J N ti u� tyler 14 Packet Pg. 146 8.0.1.a 4.3.3 Data Conversion Planning & Mapping..................................................................................22 4.3.4 Standard 3rd Party Data Exchange Planning........................................................................23 4.3.5 Customization Analysis & Specification, if contracted.......................................................... 24 4.3.6 Forms & Reports Planning..................................................................................................... 25 4.3.7 System Deployment...............................................................................................................26 4.3.8 Control Point 2: Assess & Define Stage Acceptance.............................................................. 27 4.4 BUILD & VALIDATE (STAGE 3)............................................................................................................. 28 4.4.1 Configuration & Power User Training................................................................................... 28 4.4.2 Data Conversion & Validation...............................................................................................29 4.4.3 Standard 3rd Party Data Exchange Validation..................................................................... 30 4.4.4 Customization Delivery & Validation, if contracted.............................................................. 31 4.4.5 Forms & Reports Validation.................................................................................................. 32 4.4.6 Control Point 3: Build & Validate Stage Acceptance............................................................. 33 4.5 FINAL TESTING & TRAINING (STAGE 4)................................................................................................. 34 4.5.1 Cutover Planning...................................................................................................................34 4.5.2 User Acceptance Testing(UAT).............................................................................................35 4.5.3 End User Training..................................................................................................................36 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance ................................................. 37 4.6 PRODUCTION CUTOVER (STAGE 5)....................................................................................................... 38 4.6.1 Final Data Conversion, if applicable......................................................................................38 4.6.2 Production Processing & Assistance...................................................................................... 39 4.6.3 Transition to Tyler Support.................................................................................................... 40 4.6.4 Schedule Post -production Services, if applicable.................................................................. 41 4.6.5 Control Point 5: Production Cutover Stage Acceptance........................................................ 42 4.7 PHASE/PROJECT CLOSURE (STAGE 6)................................................................................................... 43 4.7.1 Close Phase/Project...............................................................................................................43 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance.................................................... 44 5 ROLES AND RESPONSIBILITIES....................................................................................................45 5.1 TYLER ROLES AND RESPONSIBILITIES.....................................................................................................45 5.1.1 Tyler Executive Management................................................................................................ 45 5.1.2 Tyler Implementation Management..................................................................................... 45 5.1.3 Tyler Project Manager........................................................................................................... 45 5.1.4 Tyler Implementation Consultant.......................................................................................... 46 5.1.5 Tyler Sales.............................................................................................................................. 47 5.1.6 Tyler Software Support.......................................................................................................... 47 5.2 COUNTY ROLES AND RESPONSIBILITIES.................................................................................................47 5.2.1 County Executive Sponsor..................................................................................................... 47 5.2.2 County Steering Committee.................................................................................................. 47 5.2.3 County Project Manager.......................................................................................................48 5.2.4 County Functional Leads....................................................................................................... 49 5.2.5 County Power Users.............................................................................................................. 49 3/67 000 tyler Q Packet Pg. 147 8.0.1.a 5.2.6 County End Users...................................................................................................................50 5.2.7 County Technical Support...................................................................................................... 50 5.2.8 County Upgrade Coordinator................................................................................................50 5.2.9 County project Toolset Coordinator......................................................................................50 5.2.10 County Change Management Lead....................................................................................... 51 6 GLOSSARY.................................................................................................................................52 7 DATA CONVERSION PROCESS FOR ENERGOV ENTERPRISE SERVER..............................................55 7.1 OVERVIEW: ...................................................................................................................................... 55 7.2 MODULARIZED DESIGN: ..................................................................................................................... 55 7.3 REQUIRED FIELDS: ............................................................................................................................. 55 7.4 CUSTOM FIELDS (ANY FIELDS NOT AVAILABLE IN THE MASTER TABLE FOR THE MODULE IN QUESTION): ............. 55 7.5 GAP HANDLING (WHERE LEGACY DATA DOESN'T FITANYWHERE WITHIN EG_TEMPLATE):.............................56 7.6 CONTACTS: ...................................................................................................................................... 56 7.7 MULTIPLE LEGACY DATA SOURCES: ...................................................................................................... 56 7.8 OVERALL ARCHITECTURE OF CONVERSION: ............................................................................................ 56 7.9 PROGRESSION OF CONVERSION DEVELOPMENT PROCESS: ....................................................................... 58 7.10 PROGRESSION OF FINAL CONVERSION CUTOVER PROCESS (GO -LIVE): .................................................... 59 7.11 DATA IMPORT AREAS: .................................................................................................................... 59 7.12 BUSINESS AND PROFESSIONAL LICENSING.......................................................................................... 59 7.13 CODE CASE MANAGEMENT............................................................................................................. 59 7.14 PERMITTING................................................................................................................................. 60 7.15 PLAN MANAGEMENT.....................................................................................................................60 8 TYLER RESOURCES PURCHASED.................................................................................................62 8.1 BILLABLE HOURSE AND EXPENSES IN SCOPE........................................................................................... 62 8.2 BUSINESS SCOPE (TRANSACTIONS AND AUTOMATION)............................................................................ 62 8.3 "BUSINESS TRANSACTION" IS DEFINED BY: ............................................................................................. 62 8.4 "BMP TEMPLATE TRANSACTION" IS DEFINED BY: ................................................................................... 62 8.5 "GEO-RULE" IS DEFINED BY: ............................................................................................................... 62 8.6 "INTELLIGENT OBJECT (10)" IS DEFINED BY: ........................................................................................... 63 8.7 "INTELLIGENT AUTOMATION AGENT (IAA)" IS DEFINED BY: ..................................................................... 63 8.8 "ENERGOV SDK API (TOOLKITS)" ARE DEFINED BY: ................................................................................ 64 8.9 ESTIMATED TIMELINE........................................................................................................................ 64 8.10 PROJECT METHODOLOGY OVERVIEW ................................................... ERROR! BOOKMARK NOT DEFINED. 9 STAGE ACCEPTANCE FORM........................................................................................................65 10 COUNTY OF SAMPLE - CHANGE ORDER[X]..............................................................................66 4/67 tyler 14 Packet Pg. 148 8.0.1.a 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation stages, and deliverables for the implementation of Tyler products. The primary objective of this project is to provide St. Lucie County FL with a modern, robust, state-of-the- art Permitting, Land & License Management application that will enable the County to better serve its staff and constituency through enhanced automation, access and efficiency. 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the County's functional area utilizing the Tyler product(s). Refer to the Implementation Stages section of this SOW for information containing detailed service components. [PRODUCT] [APPLICATION] EnerGov Business Management Suite EnerGov Community Development Suite EnerGov Central Cashiering SDK EnerGov Credit Card Payment API EnerGov Citizen Self Service — PLM EnerGov Citizen Self Service — LRM EnerGov eReviews EnerGov IVR EnerGov GIS EnerGov iG Workforce Apps EnerGov Reporting Toolkit / Services EnerGov MyGovPay EnerGov VirtuaPay 1.3 Project Timeline The Project Timeline establishes a start and end date for each Stage of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute's (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. Tailored specifically for Tyler's Public -Sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective 5/67 ••:•, tyler a •• Packet Pg. 149 8.0.1.a communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the County's complexity, and organizational needs. 6/67 000 tyler a Packet Pg. 150 8.0.1.a 2 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the Project Manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the County collaborate to resolve project challenges according to defined escalation paths. In the event Project Managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the County steering committee become the escalation points to triage responses prior to escalation to the County and Tyler executive sponsors. As part of the escalation process, each project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The County and Tyler executive sponsors serve as the final escalation point. 2.1 Client Governance Depending on the County's organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 Client Project Manager The County's Project Manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The County Project Manager(s) will be responsible for reporting to the County steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The County steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project's value throughout the organization. Oversees the County Project Manager(s) and the Project as a whole and through participation in regular internal meetings, the County steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The County steering committee also provides support to the County Project Manager(s) by communicating the importance of the Project to all impacted departments. The County steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on critical project issues or policy decisions. The County steering committee also serves as primary level of issue resolution for the Project. 7 / 67 • •�� Q •.,.�, tyler • Packet Pg. 151 8.0.1.a 2.1.3 Executive Sponsor(s) The County's executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project's overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day project activities. The executive sponsor empowers the County steering committee, Project Manager(s), and Functional Leads to make critical business decisions for the County. 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler Project Manager(s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the County. As requested byt the County, the Tyler Project Manager(s) provide regular updates to the County's steering committee and other Tyler governance members. 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler Project Manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager(s) or with the County management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.3 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign -off while acknowledgement may be provided without formal sign -off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: • The County shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the County does not provide acceptance or acknowledgement within five (5) business 8/67 000 tyler Q Packet Pg. 152 8.0.1.a days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. If the County does not agree the particular Deliverable or Control Point meets requirements, the County shall notify Tyler Project Manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed -upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The County shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the County does not provide acceptance or acknowledgement within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 9/67 000 tyler Q Packet Pg. 153 8.0.1.a 3 Overall Project Assumptions 3.1 Project, Resources and Scheduling • Project activities will begin, as mutually agreed to, after the Agreement has been fully executed. • The County and Tyler can allocate additional internal resources if needed. The County also ensures the alignment of their budget and Scope expectations. • The County and Tyler ensure that the assigned resources are available, they buy -into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy -in, and knowledge. • Tyler and the County provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the project budget. • Abbreviated timelines and overlapped Phases can result in project delays if there are not sufficient resources assigned to complete all required work as scheduled. • Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. • Tyler provides a written agenda and notice of any prerequisites to the County Project Manager(s) ten (10) business days prior to any scheduled on site or remote sessions. • Tyler provides notice of any prerequisites to the County Project Manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. • County users complete prerequisites prior to applicable scheduled activities. • Tyler provides guidance for configuration and processing options available within the Tyler software. The County is responsible for making decisions based on the options available. • In the event the County may elect to add and/or modify current business policies during the course of this Project, such policy changes are solely the County's responsibility to define, document, and implement. • The County makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. • Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. • The County will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. 3.2 Data Conversion • The County is readily able to produce the needed data files from a static database for conversion from the Legacy System to provide them to Tyler on the specified due date(s). At the time the Legacy System data file is extracted, the County will produce reports and detail screen captures to reconcile the converted data. • Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. • The County will grant Tyler access to the Legacy System to assist with understanding data relationships to improve the accuracy and quality of the converted data. 10 / 67 • •66 Q •.,.�. tyler • Packet Pg. 154 8.0.1.a • The County understands the Legacy System data file must be in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. • During this process, the County may need to correct data scenarios in their Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the County to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. • During Production Cutover, the County may need to manually add or correct data after data has been loaded into the production database as mutually agreed to prior to the load. 3.3 Data Exchanges, Modifications, Forms and Reports • The County ensures the 3rd party data received conforms to a Tyler standard format. • The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. • Client is on a supported, compatible version of the 3rd party software or Tyler Standard Data Exchange tools may not be available. • The County is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. • Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Control process. • The County's testing environment contains the Tyler software version required for delivery of the Modification prior to the scheduled delivery date for testing • The County is responsible for verifying the performance of the Modification as defined by the specification 3.4 Hardware and Software • Tyler will initially install the most current generally available version of the purchased Tyler software. • The County will provide network access for Tyler modules, printers, and Internet access to all applicable County and Tyler project staff. • The County has in place all hardware, software, and technical infrastructure necessary to support the Project. • The County's system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the County does not meet minimum standards of Tyler's published specifications. 3.5 Environments and Databases Tyler will establish three (3) software environments and three (3) databases for the Project. The environments will be production, train and test. Each environment will have a corresponding database named the same as the environments; production database, train database and test database The test environment will be used by Tyler to build the solution. Tyler will use the test database for testing and reviewing converted data. Tyler will also use the test database to present completed Deliverables to the County for acceptance. Once Deliverables have been accepted, they will be moved to the production and train environments 11 / 67 • •00 Q •.,.�. tyler • Packet Pg. 155 8.0.1.a • The train database will be used by the County for reviewing the converted data, testing, and training • At Production Cutover the production database will be used for processing daily functions 3.6 Education • Throughout the Project lifecycle, the County provides a training room for Tyler staff to transfer knowledge to the County's resources, for both onsite and remote sessions. The County will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the County will provide multiple training facilities to allow for independent sessions scheduling without conflict. • The training room is set up in a classroom setting. The County determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. • The County provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a County provided projector, allowing all attendees the ability to actively engage in the training session. • Tyler is responsible for providing formal training on all functional areas of the software to the County's designated Power Users. The County will designate up to fifteen (15) Power Users for any specific class. The Power Users will vary based on agenda topics and area of the assessment office that the class pertains to. Power Users will then be empowered with the knowledge to conduct training to County End Users. In addition, informal education will occur leading up to the formal training sessions. Every time Tyler resources work with County staff to demonstrate a specific function/feature/executable with the County is an opportunity to better understand and appreciate the Tyler solution • Tyler will conduct one (1) formal training session for each of the functional areas of the software. The functional areas covered will allow the County to utilize the software. The County is responsible for assigning the appropriate Power Users to attend these sessions • Tyler follows a train -the -trainer approach to allow County Power Users attending the sessions to disseminate the knowledge being learned during Tyler lead sessions to other County users • Users performing User Acceptance Testing (UAT) have attended all applicable training sessions prior to performing UAT. 3.7 Assumption Mitigation • In the event that any assumptions are not met or prove to be invalid the parties agree to work in good faith to mitigate any resulting issues 12/6' tyler a Packet Pg. 156 8.0.1.a 4 Implementation Stages 4.1 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Stage broken down into smaller, more manageable components. The top level components are called "Stages" and the second level components are called "work packages." The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a "Control Point", confirming the work performed during that Stage of the Project. 1.1.0 Initiate & Plan l.L] Tyler Internal Coordination & Planning Ll.x Iltirass�ttru�cture Planning Ltd Project/Phase Planning 1.SA e Protect Schedule 1.L5 Stakeholder Presentation 1.Sb CONTROL POINT 1: Initiate & Plan Stage Acceptance 1.2.0 Assess & Define L x.l Fundamentals Review L22 Current/Future State Analysis L2,3� Data Conversion Planning & Mapping Lz.a Standard 3� Party Data E:change Planning Lz.s Modification Analysis & Specification* ]. x.6 Forms & Reports Planning 1st System Deployment Lz.s CONTROLPOINT 2: Assess & Define Stage Acceptance K 1.3.0 Build & Validate O 13.1 Configuration & Power User Training 1.3.1 Data Comersio &Validation n 13.3 Standard 31tl Party 0aea Exchange Validation 1.3A Modification Delivery & Validation* 1.3.5 Farms & Repors Validation L3.fi CONTROL POINT 3: Build & Validate Stage Acceptance * - If included in project scope 1.5.0 Production Cutover O L.51 Final Data Conversion L.S t Production Precesdng & Assistance L.5 3 Transition to Tyler Support L.SA Schedule Post Live Services, if applicable L LS CONTROL POINT St Production Cutover Stage Acceptance 1.6.0 Phase/Project Closure O S.fi1 dose Phase/ Project 1.6.t 'CONTROL POINT 6: Phase/Project 1 Closure Stage l) 13/67 • tyler a • Packet Pg. 157 8.0.1.a 4.2 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of County and Tyler Project management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. County participation in gathering information is critical Tyler Project management teams present initial plans to stakeholder teams at Stage end. 4.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns Project Manager(s). Tyler provides the County with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. County participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with Sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the County's team. During this step, Tyler will work with the Client to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT + N Vl 6 m L O L ate-+ L >= J C C 'n C N Q CL v C O O O U XW XUJ O O iIn4N E to UM m C O W CA c O — LCL O a O p _ ao o co O +- o Q U C J O U > W ozj N > -.pC W . O N D E v -O U N a .� N m C O L U E C m � U U w TASKS W QL Q d Q a--� 0 L Li- In mc)m U U vi x W Y v) L d LL U O d W L d Q v v v v v v v v v v v Uu u u u u U u v v U Assign Tyler Project Manager A R I I I Provide initial Project documents to A I R C I Client Sales to Implementation knowledge A I R C transfer Internal planning and phase A R C coordination 14/67 tyler Q • Packet Pg. 158 8.0.1.a 4.2.2 System Infrastructure Planning The County provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the County's site. The County completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT C ) V N E Vf _ J L L C v Q X Q X N v c N C O O . C L U Q W N i 0 d L Q Q �--; L In (O U C- C:o ro * UA ro a ^ Q O Q CL c C +� N n O U C C > O Cr o2S M N U U) U C+ c C C O W N s= >^ — O �' a U a U v7 O C a� U v o U C f6 CL C � 41 o - TAS KS v W — ij d E — s m Li- In U U In xw W Ln d LZ U o d v 0 W v d D a� v a� v v v _v v _v c c c c c c c c c c c Provide system hardware I R A I C specifications Make hardware available for I C A R Installation Install system hardware, if I C A R applicable Complete system infrastructure I C A R audit 15/67 •00 tyler a • Packet Pg. 159 8.0.1.a 4.2.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler Project Manager(s) deliver an Implementation Management Plan, which is mutually agreeable by County and Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT C ) V N E Vf _ J L i C v Q X Q X 110 N v C N C O . O M C 0_ L W U C Q W O N i O d L O Q f; S= L 110 In f0LEMO)m E (d _ U �j C- ro * ro a ^ N Q N O +-.+ Q C fl Ln O C _ C co +� C J n O O O U +-+ C +-.+ C > O Cr o2S M Ln U W U bCA c C + C O s= >^ — O N 41 a U Q U m v7 E O C U Qi N 0 U C C f6 -0 C 41 OL i TAS KS W — d — LL In U U W In W Ln d Li- t U O d N W N d Q a� v—— v— v v v v v — u- u u -CJ I u I u u I u I u I u Perform Project/Phase Planning A R I C C I Deliver implementation A R C C I management plan 16 / 67 ��� Q •.0. tyler Packet Pg. 160 8.0.1.a 4.2.4 Project Schedule Client and Tyler will mutually develop an initial Project schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT Y N V L E Vf L i C 0 + O_ X Q X UA v v Q1 E `n c O . �_ L U Q W O N 0 CL L a 0 o �; E L ao In (a iQ _ U a) C- - C (o * tw (o a Q O Q fl (A E O C � _ C M +� n O O 0 U +-+ C +-.+ C > O Cr o2S M N U W U bCA c C +, C O N E i — (O 0 N 41 a U a U N O C U a� v o U aO0 C M D c 41 o i TASKS W E — o d E — a LL U W (n W (n 0-L.L U o 0-0 v W v d >>>>>>>>> U U u u u u u u u u Develop initial Project schedule A R I C I I Deliver Project Plan and schedule for A R I I I C C I I I Project Phase Client reviews Project Plan & initial C I A R C C C schedule Client approves Project Plan & initial I I A R C C I I I I I schedule 17 / 67 • •0 a Q •.,., tyler • Packet Pg. 161 8.0.1.a 4.2.5 Stakeholder Presentation County stakeholders join Tyler Project Management to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT C ) V N E Vf _ J L C L N C U L O X W L Q X h0 O 41 N U) O a, C6 C �_ L 4J ::Q Q O N i d L Q Q p --' S= L m In m m (O _ U n O ro * C ro a C L > Q O t0 N Q U C c C C Ln +� N L — MU O U O U o2S>= U C +, C C O a00 C Q W Q U Q Q �--� N O In C U % U xw w 0 U = C � o f6 W C W 41 OL L Q TASKS W E — - — Li- U In W Ln n- Li- U d 0 W d D a� Present overview of Project Deliverables, project schedule and A R I I I I C I I I I I I roles and responsibilities Communicate successful Project criteria and goals I R C A C I I C I I 18 / 67 • �0 a, Q •.,., tyler • Packet Pg. 162 8.0.1.a 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.2.6.1 Initiate & Plan Stage Deliverables Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the County's Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: County reviews and acknowledges Implementation Management Plan Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: County acceptance of schedule based on County resource availability and Project budget and goals. 4.2.6.2 Initiate & Plan Stage Acceptance Criteria Hardware Installed System infrastructure audit complete and verified Implementation Management Plan delivered Project Plan/Schedule delivered; dates confirmed Stakeholder Presentation complete 19/67 • tyler a • Packet Pg. 163 8.0.1.a 4.3 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current County business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring County collaboration. The County shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of el -earning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT N Vl m L L L J C m C Q 41 O ++ i N O U X w X w a0 O ` i O_ N i In E: v� to U tw c o a o o a O Q O Q OL cn O C J — ca i a-+ C v _ O O a c > P CC Ou = oN +' u C U C C_ v N ' � u l6 Qu a C v Np TASKS W Q C 0 d Q E 0 O U uN x w — N d C Li- U O d W 0 W d Qvco- D v v T v v T T T) v v u u u u u u d u d d u Schedule fundamentals review & provide fundamentals materials & A R I C I I I prerequisites, if applicable Complete fundamentals materials I A R I C review and prerequisites Ensure all scheduled attendees are I I A R C I present Facilitate fundamentals review A R I I I 20 / 67 • ��� Q •.,.. tyler • Packet Pg. 164 8.0.1.a 4.3.2 Current/Future State Analysis County and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state, and make decisions about future state configuration and processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ J L i C c� O v O_ X Q X h0 N v C N E C O OM O -- W � C C o - tw U Q LC O N L - a - Q 0 p �--� L h0 In ra iQ _ U N C- ro * ro a :2 Q O Q N CL U C c � �6 C � — N 0 N - n O O U C E - C > O Cr o2S M U U) ,, bA C + C O � s= M C N N au) U U v7 O C U X 0 U C f6 CL D'- N O - TASKS w O a LL Ln U H cn w cn + a U + O a 0 w + H a + a� v v v v v _v v _v U U U U U U U U U U U Provide Current/Future State analysis materials to the County, as A R I C I I applicable Conduct Current & Future State A R I C I C analysis Provide pros and cons of Tyler A R I C I C software options Make Future State Decisions according to due date in the Project I I C A R I C I Plan Record Future State decisions A R I C I C 21/67 • ��� Q •.,.. tyler • Packet Pg. 165 8.0.1.a 4.3.3 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the County's Legacy System Applications to the Tyler system. Tyler staff and the County work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT C ) V N E Vf _ J L i c v Q X Q X W 110 N v C v E C O O Qi C O 110 U C O LU i O d L O fl' O C O f; L 110 v f0 m = U " C- -O ` G m + N OCO +-.+ N (W U ro N (6 (a Ln N o ca J OO O U °J c v 2 C r °� N (o >_ tin = v `° a) a U U vC7 O In C U U Qi Qi 0 U C f6 -0 N i TASKS W — d — LL U W N W Ln d Li-U 6-0 W d v—— v— v v v v v — I —'Uu u I -CJ I u I u u I u I u I u Review contracted data A R I C C C C conversion(s) options Map data from Legacy System to I C I A C C R Tyler system Pull conversion data extract I I A C C R Run balancing Reports for data I I A C R pulled and provide to Tyler Review and approve initial data A I C R extract e Correct issues with data extract, if I C C A C C R needed —t 22/67 • tyler a • Packet Pg. 166 8.0.1.a 4.3.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler's responsibility to ensure the Tyler programs operate correctly. It is the County's responsibility to ensure the third party program operates or accesses the data correctly. The County and Tyler Project Manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT + N Vl 6 m L O L +N-+ L EJ C 'n C N Q Q M v 41 O O ++ i N m O U X w X w h0 O i O N iIrna E v� U tw O CO O C: o Q aC m a O OL OL UJLn OU Uo O N UJ C O O o2S N tE U > W C O N E N in .� ~ 41 -O + U E �, u .� E: (E O E: E O '� L N +-� D •r U N E -Z C W (6 N � � ' D , C U U N co dA TAS KS Q) W CCL C Q d Q E a--� 0 L O In U U LA x W W (n d Li- U d W 0 W L d Q' D v v T v v T v v v v v Review Standard or contracted Data A R C I I C Exchanges Define or confirm needed Data I C A C C R Exchanges 23 / 67 • ��� Q •.,.. tyler • Packet Pg. 167 8.0.1.a 4.3.5 Customization Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The County reviews the specifications and confirms they meet County's needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler's intention is to minimize Customizations by using Standard functionality within the Application, which may require a County business process change. It is the responsibility of the County to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for County approval) for contracted program Customizations. Upon approval, Tyler will make the agreed upon Customizations to the respective program(s). Once the Customizations have been delivered, the County will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT L v Jf6 N E Vl m J L C i C 'n C O N Q L, W L CL X W a0 O i v N C 41 E v� O O ++ N °�° C c O aA U C O a o a c O CL O_ C O E E L ao m In co qj ao m fa °' Ln M U � O +�-� 41 Q UJ o +- " cn fl N U C m ra L N a U J �n v � `B O U + v E - a� E C O v oz�L. n N E 6 U '� > P ao C '� U C O ;� N ao E v Ln D .V C U U v -O M U 4J °1 Q .� O °' Q a +� E - l N f u Ln X ao'i +� p i c C ro L 3 O W -0 C u W p i ao Q- TAS KS W E d E 0 U (/') W (n d Li- U d 0 W d D a`� a`� a`� a`� N N T N N T T T T T N b u u u u u b u v t u Analyze contracted custom program A C R C C I C C requirements Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if I C C A R I C C applicable Sign -off on specification document(s) and authorize work I I A R C I I C 24 / 67 • �•� Q •.,.. tyler • Packet Pg. 168 8.0.1.a 4.3.6 Forms & Reports Planning County and Tyler Project Manager(s) review Forms and Reporting needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Custom ization(s). Items not included in the Agreement could be either County -developed Reports or a newly discovered Customization that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT C ) V N E Vf _ J L C 0 v Q Q W N c N C O .O Qi ca c O a� a0 U O w 2 - +' O a L O O- c O + E L ao v M up ca = U �-' C- ` O N U ro c N N >^ ca — ,�, O U C C > O Cr o2S M U U) C+ C C O W s= C �' Q U Q Q U �--� C7 vCL L O In C U � U Qi Qi 0 U C f6 � � Qf 41 0 i Q TAS KS W — d — Li- U In W Ln d Li- U d 0 W d a� v a� v Review required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I 25/67 tyler a Packet Pg. 169 8.0.1.a 4.3.7 System Deployment The Tyler Technical Services team installs Tyler Applications on the server (hosted or client -based) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L C O v a a N J Nc C O iM W c OXX UWOL0�� v M UC .O - C: CL o A QOOcOL a O ro * ro a :2 O N a U c 2 N >^ N — O U C C > O o2S f0 U U) C+ C C O W E M U N 0 U U v7 E O C W U Qi v U C M D (U i TASKS v W a — o d a — a LL In U u In W Ln o d L.L U o d v 0 W v o d a a� a� v— Install contracted software on server A I R I C Ensure platform operates as A I R I C expected 26/67 tyler Q • Packet Pg. 170 8.0.1.a 4.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.3.8.1 Assess & Define Stage Deliverables Completed analysis Questionnaire o Objective: Gather and document information related to County business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Question naire(s). o Acceptance criteria: County acceptance of completed Questionnaire based on thoroughness of capturing all County business practices to be achieved through Tyler solution. Data conversion summary and specification documents o Objective: Define data conversion approach and strategy o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered to the County, reflecting complete and accurate conversion decisions. Customization specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the custom program meets the County's needs o Scope: Design solution for Customization o Acceptance criteria: County accepts Custom Specification Document(s) and agrees that the proposed solution meets their requirements Completed Forms options and/or packages o Objective: Provide specifications for each County in Scope form, Report and output requirements o Scope: Complete Forms package(s) included in agreement and identify Reporting needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation Installation checklist o Objective: Installation of purchased Tyler software o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the County is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, County team members are trained on applicable system administration tasks. 4.3.8.2 Assess & Define Stage Acceptance Criteria Tyler software is installed Fundamentals review is complete Required Form information complete and provided to Tyler Current/Future state analysis completed; Questionnaires delivered and reviewed Data conversion mapping and extractions completed and provided to Tyler 27/67 • tyler Q • Packet Pg. 171 8.0.1.a 4.4 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the County's needs identified during the Assess and Define Stage, preparing the County for Final Testing and Training. 4.4.1 Configuration & Power User Training Tyler staff collaborates with the County to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the County Power Users to prepare them for the Validation of the software. The County collaborates with Tyler staff iteratively to Validate software configuration. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Tyler Internal Coordination & Planning TYLER CLIENT m o L L J C i � C ti C O aJ Q X Q X tLa h0 i O aJ C N in � O O ++ a) M c W U c L U LL — 0 a O O C +; E L ao n co E L70 D °' U C O ha O 0 Q C: O CL Q pM c- C QJ J «3 nz O +�- a) C aJ '+-� N to N > U L70 ra � aJ UJ E �n v `� O U v > + v E 2 �, U a) E °' O U dt Ln E n3 U '� + , c '� U o y v tin - M� Ln — C U co U aJ Q E .� O� Q E La +� 0 E i in u x LU v Ln p i d C C Li- «S L U 3 O d a! 0 C LU U a! p i d tin Q- D TAS KS W d LL U LA v v v v v v v v v v v u u u u u ud I d I u Perform configuration A R I R I Power User process and Validation A R I C I C I training Validate configuration I C A C R C 28/67 tyler a • Packet Pg. 172 8.0.1.a 4.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the County, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the County reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborates with the County to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L C O v Q Q N J c N C 0.2 O lC U W - �--' L N M U C- C O - tw O O N - a a o n O ro * ro a ^ Q O Q N CL U c c C +� N >^ N — O U C C > Cr M U) C C U T U vC7 L O C U Qi U C f6 � U! - TASKS W Q — Q d — �--� 0 W In U U � In W Ln 0 d LZ U d � W Qf 0 d Q a� v a� v v v _v v _v c c c c c c c c c c c Write and run data conversion A I C R C program against Client data Complete initial review of data A I C R I I C errors Review data conversion and submit I C I A C R C needed corrections Revise conversion program(s) to A I C R I I C C correct error(s) 29/67 • tyler a • Packet Pg. 173 8.0.1.a 4.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the County tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf -O J L O i C Q X Q X OA aJ a) a n C O O .2 a) C c Q L UA U Q LU p N L O i Q 6 p �"; L eo to ra N (O _ U v C- a Q a) O a-+ Q cn Q L/') E U C J tO C W a-� a! h J In 5 O O U > N a) a) C N Eu (O > W C � E W ~ ai a1 U o OL U + v7 E O Ln C u U a) U C (V M D � a) i TASKS W — d — M LQl U Ln LU Ln d Li-U d y in LU d Y D Train Data Exchange(s) processing in A R I I C I Tyler software Coordinate 3rd Party Data Exchange I I #C1 A C C R activities Test all Standard 3rd party Data I C A C I R C Exchange(s) 30/67 •oo tyler a • Packet Pg. 174 8.0.1.a 4.4.4 Customization Delivery & Validation, if contracted Tyler delivers in Scope Customization(s) to the County for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ J L L C O v Q X Q X h0 N v N C C O O . � C �_ LQJ2 UA U Q W O N L O CL L Q 0 p �--� E L h0 In ra M _ U N n O cro * C ro a C ^ > Q Cr O M Q N fl U) U C c 16 C . +� >^ — O U O U o2S U,, bA C + C O s= l0 C a) 41 a U o a a v7 E O In C u a� U xw v o U S� C O C v C v 41 o L a TASKS Uj — d — M LL U in LU Ln d LL U d 0 LU d D a� a) v a� a� v a� v v v v a) >>>>>>>>> u u u u u lu u u lu u u Develop and deliver contracted A I C I R I C I C I C custom program(s) Test contracted custom program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered I I I A R C C contracted custom program(s) Make corrections to contracted custom program(s) as required A I C I R I C C I 31/67 � �•� tyler Q Packet Pg. 175 8.0.1.a 4.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the County tests each Standard Form/Report RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L (D C N Q Q fE Q1 J N C O 0 L O U X LU X UA O O 41 � N U . C- OVA C C A Q d In ate+ M y N a)Ln N O U c _ c0 C N J — O O U c > O Cr o25 M U W CM C + C O f= C a--r 41 U U v7 O C U U C f6 41 i TASKS LU Q — d — M LL U In LU Ln 0- U-U d y LU d Y >>>>>>>>> u I u I u Iu C3 I u I u I C3 I u I u I u Standard Forms & Report Training A R I C C Test Standard Forms & Reports I C C A C R C 32/67 • ••• t yI�� Q • • Packet Pg. 176 8.0.1.a 4.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.4.6.1 Build & Validate Stage Deliverables Initial data conversion o Objective: Convert Legacy System data into Tyler system o Scope: Data conversion program complete; deliver converted data for review o Acceptance criteria: Initial error log available for review Data conversion verification document o Objective: Provide instructions to the County to verify converted data for accuracy o Scope: Provide self -guided instructions to verify specific data components in Tyler system o Acceptance criteria: County accepts data conversion delivery; County completes data issues log Installation of Customizations on the County's server(s) *except for hosted Clients o Objective: Deliver Customization(s) in Tyler software o Scope: Program for Customization is complete and available in Tyler software, Customization testing o Acceptance criteria: Delivery of Customization(s) results in objectives described in the County -signed specification. Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review o Scope: Installation of all Standard Forms & Reports included in the Agreement o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4 4.4.6.2 Build & Validate Stage Acceptance Criteria Application configuration completed Standard Forms & Reports delivered and available for testing in Stage 4 Data conversions (except final pass) delivered Standard 3rd party Data Exchange training provided Customizations delivered and available for testing in Stage 4 The County and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 33/67 •00 tyler a • Packet Pg. 177 8.0.1.a 4.5 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the County review the final Cutover plan. A critical Project success factor is the County understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover 4.5.1 Cutover Planning County and Tyler Project Manager(s) discuss final preparations and critical dates for Production Cutover Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the County for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Tyler Internal Coordination & Planning TYLER CLIENT + 6 m O L L J C C ti C L N Q OL tLa v C N O O ++ i N O U X W X W h0 0 i i O_ N L In E in f6 U M C c O 6A c O — a O Q- C E 6A M c6 � L70 O O o fl- N U CJto JLn (Uc6 O U a) > U ozi N( > -.pC W . O N D E Nu w -O U E °w°' E U E U a U ti 4J Q O Q6Ems= E u x W V) d LL U O d U! 0 W U d Qc6- TAS KS WE 0 L L U Ln v v v v v v v v v v v Cutover Planning Session A R C I C C C C C C Develop Production Cutover A R C I I C C I I C Checklist 34/67 tyler Q • Packet Pg. 178 8.0.1.a 4.5.2 User Acceptance Testing (UAT) The County performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ J L -M (6 C N O O Q X Q X UA Q1 41 N C O . 0 OVA C: C C o L UA U Q W O N L - a i Q 0 p s= L h0 to ra M _ U N C- c N > N Cr M � N (/') O U c _ c0 C N J — O O U EO U o2S U_ a+ CM C + C O � t= D l0 C a--r N (�6 Q U Q Q �--� C7 vCL L O In C U � U Qi Qi 0 U C f6 � Qf (U 0 i �- TASKS W — d — LL U In W Ln d L.L U d 0 W d D a� v v v v v _v v _v c c c c c c c c c c c > > > > > > > > > U U U U U U U U U U U Deliver Test Plan for User A R C I I Acceptance Testing Perform User Acceptance Testing I C A R C C C I I C I Accept custom program(s), if I I I A R C I C C applicable Validate Report performance I C C A C R C 35/67 0 0 61 L tyler a • Packet Pg. 179 8.0.1.a 4.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day County processes that will be delivered via group training, webinar, eLearnings and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. County users who attended the Tyler sessions may train any County users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Tyler Internal Coordination & Planning TYLER CLIENT + N Vl O m L O L v Jf6 L E J c m C Q C: v O O ++ i N O U X LU X LL h0 0 i O N E fD U C:C O h0 OCD 0 � O aCto O O " o OL U UJn O UUJ v uJ C N o > W E v v =3 U G U C N U L6 N E — L C cm � 2- -a dA Q) X CQ C .a) E Q E +, i in U N X W �, Ln i d O Li- a U OQ- d 0 L U U 0 a-D TAS KS — d — 0 LOl U In N T T N T T T N 2 ) N Conduct user training sessions A R C I I I Conduct additional End User training I I A C I R I I I I sessions 36/67 tyler a • Packet Pg. 180 8.0.1.a 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.5.4.1 Final Testing & Training Stage Deliverables Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing o Acceptance criteria: Definition of all pre -production tasks, assignment of owners and establishment of due dates User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.5.4.2 Final Testing & Training Stage Acceptance Criteria Production Cutover Checklist delivered and reviewed Customization(s) tested and accepted, if applicable Standard 3rd party Data Exchange programs tested and accepted Standard Forms & Reports tested and accepted User acceptance testing completed End User training completed 37/67 • tyler a • Packet Pg. 181 8.0.1.a 4.6 Production Cutover (Stage 5) County and Tyler resources complete tasks as outlined in the Production Cutover Plan and the County begins processing day-to-day business transactions in the Tyler software. Following production Cutover, the County transitions to the Tyler support team for ongoing support of the Application. 4.6.1 Final Data Conversion, if applicable The County provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The County may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Tyler Internal Coordination & Planning TYLER CLIENT + 6 m O L L J C i m 'n C Q L N Q X OL X tLa h0 i N a1 C N n O O ++ N CC U Cc W W — O d O O f; h iI(n6 E t6 " Q to Q O CL (6 (Ij MQ Ln itiU � Q O cc v> UJ c6 N N Ln O � O U W. m- a N D c v E U O U w U W � UE o2i O ( UL=v W O U N = " -Q W Q O Q +� i in u X W +, v) i d Li-U L O d U! 0 c W U! i a- Q- TAS KS W d 0 LLO U vi v v v v v v v v v v v Provide final data extract C I I A C I I I I R Provide final extract balancing I I A C R I Reports Convert and deliver final pass of A I I R I I I C data Validate final pass of data I C C I A C R C Load final conversion pass to I I I A C I C R Production environment 38/67 •00 tyler a • Packet Pg. 182 8.0.1.a 4.6.2 Production Processing & Assistance Tyler staff collaborates with the County during Production Cutover activities. The County transitions to Tyler software for day -to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L C O v Q Q N J N C C 0 O a) U LU w 0 L O f; L In S_ (d U . c- (O C O UA O O d O O Q C O S= 110 (O f0 N _ (O �' I -0 L + C (A O � _ M O O C C > Cr (O C CE (O U T U N E 0 C a� U Qi v U C f6 - (U i TASKS a) x L 0- — o d OL — a 0 LL In U U (n W N o d LL U O d v 0 C LL v o d a D a) v a) a) v a) v v v v v >>>>>>>>> u I U I u Iu ci Iu u u u Production processing C C I I I A R R R R R R I I Provide production assistance A R C I C C C C C C 39/67 • ••• t yI�� Q • • Packet Pg. 183 8.0.1.a 4.6.3 Transition to Tyler Support Tyler Project Manager(s) introduce the County to the Tyler Support team, who provides the County with day-to-day assistance following Production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L C v Q Q N J N C C O O i WL O U X W X h0 O i O v �--� L VI M U . C C �_ tw Q O N L Q CO ap (o N n O (o * +-+ (o a +-.+ ^ Q O Q N LEM(VM_ fl (A O U C � c _ C M +� >^ — O O O U C C > O Cr o2S>= M U W bCA C +, C O a00 (O c N 41 U U m N E O C U Qi N U C M D -0 41 OL i TASKS W Q — O d Q — 0 LL In U U In W (n 0 d L.L t U O d N 0 W N 0- Q a� a� v—— v— v v v v v >>>>>>>>> u u u u I u I u I i u u I u Iu Develop internal support plan I A R C C C C C C C Conduct transfer to Support A I C R C C C C I I C I I meeting 40/67 tyler a • Packet Pg. 184 8.0.1.a 4.6.4 Schedule Post -production Services, if applicable Tyler provides post -production services if included in the Agreement. Prior to scheduling services, the Tyler Project Manager(s) collaborate with County Project Manager(s) to identify needs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Tyler Internal Coordination & Planning TYLER CLIENT C V N E Vf _ L (6 C N Q Q Q1 J N C O L O U X W X UA - i 0 41 L In M U .0 OVA C C L UA QM O N L OcOL CL Q p s= h0 ra N In N LEMO)m_ U M — O U c > O o2S ra U_ O a+ CM C + C O t= l0 C 41 U U vC7 L O C U U C C TASKS a W Q — O d OL — �--� 0 LL In U Uqj In W Ln d LL U 0-0 W d D >>>>>>>>> u u u u u lu u u lu u u Identify topics for post -production C C A R I C I services Schedule services for post - A R I C C I C I production topics 41 / 67 • �• Q •.,.. t y I e r • Packet Pg. 185 8.0.1.a 4.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler's receipt of this Stage Acceptance. 4.6.5.1 Production Cutover Stage Deliverables Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase o Acceptance criteria: Data is available in production environment Support transition documents o Objective: Define strategy for on -going Tyler support o Scope: Define support strategy for day-to-day processing, conference call with County Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support o Acceptance criteria: the County receives tools to contact support and understands proper support procedures. 4.6.5.2 Production Cutover Stage Acceptance Criteria Final data conversion(s) delivered Processing is being done in Tyler production Transition to Tyler support is completed Post -live services have been scheduled, if applicable 42 / 67 • •�� Q •.,., tyler • Packet Pg. 186 8.0.1.a 4.7 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The County moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.7.1 Close Phase/Project The County and Tyler Project Manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler Project Manager(s) review the Project budget and status of each contract Deliverable with the County Project Manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Tyler Internal Coordination & Planning TYLER CLIENT + 6 m O L L J C C 'n C L N Q OL tLa v C N O O ++ i N O U X LU X LL h0 0 i i O N L In E in f6 U M C c O UA c O — LO a C:Q O C p _ E E UA c6 QJ c6 c6 �n O O Q to fl- N U C J to i N a-+ U J �n v O U N 4J a) C O OZj N (6 U > ti0 C . C O N D E N Ln . V ~ w -O +� cJ E 2 a--+ .� E °' U 6 vn E E '� +� , '� v U U p y c W r6 3 i M Q D a C u U U p c6 tin TAS KS 4J W Q E O d Q E +� 0 i LOl in U U (/') X L U Ln i d C Li- L U O d UJ 0 C L U UJ i d Q- D aJ aJ v v v v v v v v v Review outstanding Project activities A R C C C I C I C and develop action plan Review Project budget and status of A R I I C contract Deliverables 43/67 •oo tyler a • Packet Pg. 187 8.0.1.a 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.7.2.1 Phase/Project Closure Stage Deliverables Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.7.2.2 Phase/Project Closure Stage Acceptance Criteria Outstanding Phase or Project activities have been documented and assigned Phase/final Project budget has been reconciled Tyler Deliverables for the Phase/Project are complete 44/67 ••.,. tyler Q • Packet Pg. 188 8.0.1.a 5 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns Project Manager(s) prior to the start of each Phase of the project. The Project Manager assigns additional Tyler resources as the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management • Provides clear direction for Tyler staff on executing on the project deliverables to align with satisfying the County's overall organizational strategy • Authorizes required project resources • Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process • Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions • Acts as the counterpart to the County's executive sponsor 5.1.2 Tyler Implementation Management • Acts as the counterpart to the County steering committee. • Assigns initial Tyler project personnel • Works to resolve all decisions and/or issues not resolved at the project Management level as part of the escalation process • Attends County steering committee meetings as necessary • Provides support for the project team • Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources • Monitors project progress including progress towards agreed upon goals and objectives 5.1.3 Tyler Project Manager The Tyler Project Manager(s) provides oversight of the project, coordination of resources between departments, management of the project budget and schedule, effective risk and issue management, and is the primary point of contact for all project related items. • Contract Management o Validates contract compliance throughout the project o Ensures Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Prepares and presents contract milestone sign -offs for acceptance by County Project Manager(s) o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance • Planning o Update and deliver Implementation Management Plan o Defines project tasks and resource requirements 45 / 67 • •• a Q •.,.�. tyler • Packet Pg. 189 8.0.1.a o Develops initial project schedule and full scale Project Plan o Collaborates with County Project Manager(s) to plan and schedule project timelines to achieve on -time implementation • Implementation Management o Tightly manages Scope and budget of project; establishes process and approval matrix with the County to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Establishes and manages a schedule and resource plan that properly supports the project Plan as a whole that is also in balance with Scope/budget o Establishes risk/issue tracking/reporting process between the County and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the County any items that may negatively impact the outcomes of the project o Collaborates with the County's Project Manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project o Sets a routine communication plan that will aide all project team members, of both the County and Tyler, in understanding the goals, objectives, current status and health of the project Team Management o Acts as liaison between project team and Tyler manager(s) o Identifies and coordinates all Tyler resources across all modules, Phases, and activities including development, conversions, forms, installation, reports, implementation, and billing o Provides direction and support to project team o Builds partnerships among the various stakeholders, negotiating authority to move the project forward o Manages the appropriate assignment and timely completion of tasks as defined in the project Plan, task list, and Production Cutover checklist o Assesses team performance and adjusts as necessary o Interfaces closely with Tyler developers to coordinate program Modification activities o Coordinates with in Scope 3d party providers to align activities with ongoing project tasks 5.1.4 Tyler Implementation Consultant • Completes tasks as assigned by the Tyler Project Manager(s) • Performs problem solving and troubleshooting • Follows up on issues identified during sessions • Documents activities for on site services performed by Tyler • Provides conversion Validation and error resolution assistance • Recommends guidance for testing Forms and Reports • Tests software functionality with the County following configuration • Assists during Production Cutover process and provides production support until the County transitions to Tyler Support • Provides product related education • Effectively facilitates training sessions and discussions with County and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time • Conducts training (configuration, process, conversion Validation) for Power Users and the County's designated trainers for End Users 46/67 ••:•, tyler a •• Packet Pg. 190 8.0.1.a Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final project plan Keeps Tyler Project Manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the project prior to taking action 5.1.5 Tyler Sales Provide Sales background information to Implementation during Project Initiation Support Sales transition to Implementation • Provide historical information, as needed, throughout implementation 5.1.6 Tyler Software Support • Manages incoming client issues via phone, email, and online customer incident portal • Documents and prioritizes issues in Tyler's Customer Relationship Management (CRM) system • Provides issue analysis and general product guidance • Tracks issues and tickets to timely and effective resolution • Identifies options for resolving reported issues • Reports and escalates defects to Tyler Development • Communicates with the County on the status and resolution of reported issues 5.2 County Roles and Responsibilities County resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 5.2.1 County Executive Sponsor Provides clear direction for the Project and how the Project applies to the organization's overall strategy Champions the project at the executive level to secure buy -in Authorizes required project resources Resolves all decisions and/or issues not resolved at the County steering committee level as part of the escalation process Actively participates in organizational change communications 5.2.2 County Steering Committee Works to resolve all decisions and/or issues not resolved at the Project Manager level as part of the escalation process Attends all scheduled steering committee meetings Provides support for the project team Assists with communicating key project messages throughout the organization Prioritizes the project within the organization Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources Monitors project progress including progress towards agreed upon goals and objectives Has the authority to approve or deny changes impacting the following areas: o Cost o Scope 47 / 67 Soo tyler %4. Packet Pg. 191 8.0.1.a o Schedule o project Goals o County Policies 5.2.3 County Project Manager The County shall assign Project Manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler Project Manager(s) in a timely and efficient manner. When the County Project Manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from County to participate in discussions and make decisions in a timely fashion to avoid project delays. Contract Management o Validates contract compliance throughout the project o Ensures invoicing and Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Signs off on contract milestone acknowledgment documents o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance Planning o Review and acknowledge Implementation Management Plan o Defines project tasks and resource requirements for County project team o Collaborates in the development and approval of the initial Project Plan and Project Plan o Collaborates with Tyler Project Manager(s) to plan and schedule project timelines to achieve on -time implementation Implementation Management o Tightly manages project budget and Scope and collaborates with Tyler Project Manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Collaborates with Tyler Project Manager to establish and manage a schedule and resource plan that properly supports the project Plan, as a whole, that is also in balance with Scope/budget o Collaborates with Tyler Project Manager(s) to establishes risk/issue tracking/reporting process between the County and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may impact the outcomes of the project o Collaborates with Tyler Project Manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project o Routinely communicates with both County staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members Team Management o Acts as liaison between project team and stakeholders o Identifies and coordinates all County resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices '6' ••:' �. tler Q�y Packet Pg. 192 8.0.1.a o Provides direction and support to project team o Builds partnerships among the various stakeholders, negotiating authority to move the project forward o Manages the appropriate assignment and timely completion of tasks as defined in the project plan, task list, and production cutover checklist o Assesses team performance and takes corrective action, if needed o Provides guidance to County technical teams to ensure appropriate response and collaboration with Tyler technical support teams to ensure timely response and appropriate resolution o Coordinates in Scope 3rd party providers to align activities with ongoing project tasks 5.2.4 County Functional Leads Makes business process change decisions under time sensitive conditions Communicates existing business processes and procedures to Tyler consultants Assists in identifying business process changes that may require escalation Attends and contributes business process expertise for current/future state analysis sessions Identifies and includes additional subject matter experts to participate in current/future state analysis sessions Provides business process change support during Power User and End User training Completes performance tracking review with client project team on End User competency on trained topics Provides Power and End Users with dedicated time to complete required homework tasks Act as an ambassador/champion of change for the new process. Identifies and communicates any additional training needs or scheduling conflicts to County Project Manager Prepares and Validates Forms Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Presentation o Implementation Management Plan development o Schedule development o Maintenance and monitoring of risk register o Escalation of issues o Communication with Tyler project team o Coordination of County resources o Attendance at scheduled sessions o Change Management activities o Customization specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 5.2.5 County Power Users Participate in project activities as required by the project team and Project Manager(s) Provide subject matter expertise on County business processes and requirements 49 / 67 • •�� Q •.,.�. tyler • Packet Pg. 193 8.O.1.a Act as subject matter experts and attend current/future state and validation sessions as needed Attend all scheduled training sessions Participate in all required post -training processes as needed throughout project Participate in conversion Validation Test all Application configuration to ensure it satisfies business process requirements Become Application experts Participate in User Acceptance Testing Adopt and support changed procedures Complete all Deliverables by the due dates defined in the Project Plan Demonstrate competency with Tyler products processing prior to Production Cutover Provide knowledge transfer to County staff during and after implementation 5.2.6 County End Users Attend all scheduled training sessions Become proficient in Application functions related to job duties Adopt and utilize changed procedures Complete all Deliverables by the due dates defined in the Project Plan Utilize software to perform job functions at and beyond Production Cutover 5.2.7 County Technical Support Coordinates updates and releases with Tyler as needed Coordinates the copying of source databases to training/testing databases as needed for training days Extracts and transmits conversion data and control reports from County's Legacy System per the conversion schedule set forth in the Project Plan Coordinates and adds new users and printers and other Peripherals as needed Validates all users understand log -on process and have necessary permission for all training sessions Coordinates Interface development for County 3rd party Data Exchanges. Develops or assists in creating Reports as needed Ensures onsite system hardware meets specifications provided by Tyler Assists with software deployment as needed 5.2.8 County Upgrade Coordinator Becomes familiar with the Software Upgrade process and required steps Becomes familiar with Tyler's releases and updates Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the County's Software Upgrade process Assists with the Software Upgrade process during implementation Manages Software Upgrade activities post -implementation Manages Software Upgrade plan activities Coordinates Software Upgrade plan activities with County and Tyler resources Communicates changes affecting users and department stakeholders Obtains department stakeholder sign -offs to upgrade production environment 5.2.9 County project Toolset Coordinator Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. Conducts training on proper use of toolsets 50 / 67 •��� tyler Q �r Packet Pg. 194 8.0.1.a Validates completion of required assignments using toolsets 5.2.10 County Change Management Lead Validates users receive timely and thorough communication regarding process changes Provides coaching to Supervisors to prepare them to support users through the project changes Identifies the impact areas resulting from project activities and develops a plan to address them proactively Identifies areas of resistance and develops a plan to reinforce the change Monitors post -production performance and new process adherence 51/67 • tyler Q • Packet Pg. 195 8.0.1.a 6 Glossary ord or Term .-finrl Accountable he person who is ultimately accountable for decisions being made on The a Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Build Blueprint A document recording future state decisions intended to allow Tyler to satisfy business needs/requirements during the Build & Validate Stage through configuration and setups to develop the final solution. A means for the County to Validate what was agreed to be in Scope has been Delivered. Business Requirements A specification document used to describe County requirements not Document available through Tyler software functionality, which will lead to a Modification with County acceptance. A systematic approach for managing change governing how Change Change Control Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Consulted Anyone who must be consulted with prior to a decision being made and/or the task being completed Items that are used on a recurring basis, usually by Peripherals. Consumables Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal client review point. Project progress cannot continue until the client acknowledges the agreed upon Deliverables of the Stage have been met, or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a client (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. 52/67 tyler •� Packet Pg. 196 8.0.1.a Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees) or external (citizens). Imports and Exports A process within the system that a user is expected to run to consume (Import) or produce (Export) a specifically defined file format/layout. Informed Anyone who will be updated when decisions are made or a task is completed. Install References the initial Installation of software files on client servers and preparing the software for use during configuration. The version currently available for general release will always be used during the initial Install. Interface A real-time or automated exchange of data between two systems. Legacy System The system from which a client is converting. Modification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement. An auxiliary device that connects to and works with the computer in Peripherals some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler Project Manager and Tyler project team or different individuals assigned. Power User An experienced client person or group who is (are) an expert(s) in the client business processes, as well as knowledgeable in the requirements and acceptance criteria. The County is using the Tyler software to conduct daily operations. Production Cutover Project The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master roadmap for the Project. The Project Plan will be the detailed task list of the essential activities to be performed to complete the Project. Each activity will have owner(s), participant(s) if applicable, start date, and due dates. The Project Plan is a living document and will be updated quarterly with the detailed tasks for the next future quarter; only high level tasks with rough timeframes will be plotted out beyond this. 53 / 67 tyler m L 3 0 CO E 0 CO c m E a� a� c c� c J N ti LO N r t k W t 3 M c U. E a� Q CO 0 0 CO 0 0 L c w L c 0 0 E d c d E m M c c� c M J i>s r O c a� z 0 Q Packet Pg. 197 8.0.1.a Project Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the Client Project Manager to discuss Scope, information needed for project scheduling and resources. RACI A chart describin level of artici ation b various roles in com letin g p p Y p g tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Responsible The person who will be completing the task. Scope Products and services that are included in the Agreement. Software Upgrade References the act of updating software files to a newer software Stage release. The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. Representatives of the Tyler implementation team will meet with key Stakeholder Presentation client representatives to present high level project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation. Standard Included in the base software (out of the box) package. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining project -specific activities and Deliverables Tyler will provide to the client. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected. Work Breakdown Structure A hierarchical representation of a Project or Phase broken down into (WBS) smaller, more manageable components. 54 / 67 • �•� Q •.,.. tyler • Packet Pg. 198 8.0.1.a 7 Data Conversion Process for EnerGov Enterprise Server 7.1 Overview: This document is an introduction to the SQL Server EG_Template database and how to populate it. The Full Conversion is the same process, as the Templated. However, with the Full Conversion option, Tyler is responsible for the data import instead of the client. 7.2 Modularized Design: As with the EnerGov software, the EG_Template db is sectioned into modules. Each contains one master table at the top of the chain (ex. 'permit' for the Permit module). Within each module, various child tables branch below the master table for the associated module (ex. 'permit_address', 'permit_note', etc.). Some tables cross multiple modules. The most notable of these involve inspections and payment transactions. The EG_Template database includes database diagrams, which indicate the tables and their relationships to each module. 7.3 Required Fields: In the EnerGov software, some fields are "Required Fields," and the associated columns must be populated for records to be written to the EnerGov db. On occasion, these required fields will not be available in the legacy source data, so a simple default value can be written to the EG_Template db to fulfill any NOT NULL constraint. Dropdown picklist columns restrict the user from entering certain values in the EnerGov db. Conversely, drop -down fields do not have a restriction on values written to the EG_Template db. Therefore, exact spelling or careful matching to the EnerGov configured values is not a requirement for fields intended for EnerGov drop -down fields. Tyler maps the values through a separate table to translate the values to the appropriate EnerGov value during conversion and collaborates with the client to validate the resulting mappings during the development phase of the conversion. 7.4 Custom Fields (any fields not available in the master table for the module in question): Most legacy systems have some attribute fields that are not specified in the corresponding master table within EG_Template. Tyler refers to these as custom fields. Within each module exists a child table for such custom fields. Since these fields are specific to the legacy system(s), the client may add columns to these tables in EG_Template to accommodate any needed custom fields in the migration. For example, Ipermit_additional_fields' is the table for extra fields relating to the 'permit' records. 55 / 67 00 00 0 . tyler a Packet Pg. 199 8.0.1.a 7.5 Gap Handling (where legacy data doesn't fit anywhere within EG_Template): On occasion, legacy systems contain special features for which EnerGov does not account in the EG_Template db. As a result, the need may arise to develop a custom solution to address special cases. 7.6 Contacts: Contacts generally fall into two categories: Those managed with each person/company having one contact record, kept up to date over time With this model, there is generally no duplication of contact records (except when created by mistake). Contacts where the user enters the contact attribute info on each permit, case, license, etc. With this model, there is no single master record representing the contact itself and there is likely considerable duplication of contacts. EnerGov stores contacts as in category 1 above. Tyler migrates contacts put into EG_Template without a master 'contact' record link (category 2 above) into custom field memo boxes to avoid duplication of contacts within the EnerGov contact repository. For example, when populating the permit contacts, for contacts in category 1, input the record into the'permit_contact' table. Input contacts for category 2 into the 'permit —contact —no —key' table. 7.7 Multiple Legacy Data Sources: When presenting multiple data sources, ensure population of EG_Template for all data sources. At the main table level, an optional column exists for the legacy data source. Tyler provides this column to easily count or research records originating from a particular legacy data source. 7.8 Overall Architecture of Conversion: There are 3 SQL Server databases involved in the conversion process. 1. EG_Template (for legacy data) 2. EnerGov (the production EnerGov db) 3. A database containing all conversion processes and mapping tables; maintained by Tyler's data conversion team. This db translates the data from EG_Tempate into the EnerGov db. 56/67 tyler a • • Packet Pg. 200 8.0.1.a • All legacy data • Db used to • EnerGov db sources map/translate used by the populated data before EnerGov into one db passing into software. within the EnerGov. templated Stored table procedures structure. and functions exist in this db, which becomes the conversion source code. 57/67 • tyler a • Packet Pg. 201 8.0.1.a 7.9 Progression of Conversion Development Process: -. -. WFIEN - MIT., . -J,. - Provide empty EG_Template Tyler Database format will be SQL Server database to client Load legacy data into template Client If there are multiple legacy data sources, all database should be loaded into the one template SQL database. Mapping process Tyler /Client Dependent on completed EnerGov configuration Spreadsheets will be used to communicate mapping values. Mapping questions may arise and both parties may need to discuss these until answers are agreed upon. Import -specific configuration Tyler Certain fields or values may need to exist for changes to EnerGov imported records only. These usually require some minor EnerGov configuration changes. Customize conversion scripts Tyler Minor customization can be expected for many conversions, based on special requests from client. Any special requests would also be added into the conversion scripts at this time. Conversion execution Tyler Resulting EnerGov database will be provided to client team for review. Review and either sign -off or Client Client team will review the data and the request changes interaction with it in the EnerGov software. If it meets the client's needs, sign -off will occur. If not, certain steps above may need to be repeated until client signs off on the conversion. 58 / 67 • •0 & Q •.,., tyler • Packet Pg. 202 8.0.1.a 7.10 Progression of Final Conversion Cutover Process (Go -Live): Load legacy data into template database . Client his should just be an up-to-date extract of he legacy data into the template db. Conversion execution yler Resulting EnerGov database will be provided o client team. This will be the production EnerGov db. Go Live Tyler /Client Verification of EnerGov db and site functionality - Data Conversion sign -off Move to production phase 7.11 Data Import Areas: 7.12 Business and Professional Licensing • Business entity (Only for Business Licensing) • License master basic information • License Contacts • Contacts — Unique (keyed) contacts converted to global contacts • Non -keyed contacts converted to a Memo Custom Field or a standard note Parcel and Addresses • Reviews and Approvals — Converted to Activity • Fees • Bonds and Escrow • Activities and Actions • Conditions • Notes • Holds • Initialized Workflows • Attachments • Contractors • Business Types & NAICS codes • Payment and Fee History 7.13 Code Case Management • Code Case master basic information • Code Case Contacts and Properties • Contacts — Unique (keyed) contacts converted to global contacts • Non -keyed contacts converted to a Memo Custom Field or a standard note • Parcels and Addresses • Reviews and Approvals — Converted to Activity Active Fees • Activities and Actions • Notes 59 / 67 00 tIerQy Packet Pg. 203 8.0.1.a • Holds • Initialized Workflows • Attachments • Violations o Fees o Payments o Notes • Meetings and Hearings • Zones • Requests • Payment and Fee history 7.14 Permitting • Permit master basic information • Permit Contacts • Contacts — Unique (keyed) contacts converted to global contacts • Non -keyed contacts converted to a Memo Custom Field or a standard note • Parcels and Addresses • Reviews and Approvals — Converted to Activity • Inspections and Inspection Cases • Sub -Permit Associations —Visible in workflow and attached records section • Fees • Meetings and Hearings • Bonds and Escrow • Activities and Actions • Conditions • Notes • Zones • Holds • Renewals • Initialized Workflows • Attachments • Contractors • Projects • Payment and Fee History 7.15 Plan Management • Plan master basic information • Plan Contacts • Contacts — Unique (keyed) contacts converted to global contacts • Non -keyed contacts converted to a Memo Custom Field or a standard note • Parcels and Addresses • Reviews and Approvals — Converted to Activity • Inspections and Inspection Cases • Fees 60 / 67 00 00 0 . tyler a Packet Pg. 204 8.0.1.a a� L Meetings and Hearings 3 Bonds and Escrow o Activities and Actions N E Conditions } Notes N Zones Holds E Initialized Workflows 0 Attachments c Projects 2 Payment and Fee history J N ti 61/67 tyler a • • Packet Pg. 205 8.0.1.a 8 Tyler Resources Purchased The total professional services hours set forth in the Investment Summary have been allocated to the project as follows: 8.1 Billable Hours and Expenses in Scope O Configuration Services =2000 resource hours O Project Management = 500 resource hours O Report Development Services = Up to 15 Custom Reports/Output Documents O Data Conversion Services = 200 resource hours O Integration Services = 40 resource hours O Fundamentals / Admin Training = 40 resource hours O End User Training & Production Support = 240 resource hours 8.2 Business Scope (Transactions and Automation) O Up to (75) Unique Business Transactions in Scope O Up to (5) Best Management Business Transactions in Scope O Up to (5) Geo Rules in Scope O Up to (10) 10/IAAs in Scope O Up to (15) Custom Reports/Output documents within scope O Integrations within scope = (1) Banner GL Export Interface O Data Conversion Sources within scope = (3) CodeView SQL & Code Enforcement & Growth Management SQL 8.3 "Business transaction" is defined by: O Unique workflow or business process steps & actions (including output actions) O Unique Automation logic (10 logic etc.) O Unique Fee assessment/configuration definition O Unique Custom fields/forms definition Uniqueness of any of these mentioned parameters regulates the need for a unique business case 8.4 "BMP Template transaction" is defined by: O A pre -defined and pre -configured EnerGov best management business process. 8.5 "Geo-Rule" is defined by: O An automation event that is triggered by a condition configured around the source Esri geodatabase. Current geo-rule events are: • Alert • Displays a pop-up with a custom message to the user, notifying them of 62/67 00 0 tyle a •� Packet Pg. 206 8.0.1.a certain spatial data (i.e. noise abatement zones; flood zones; etc.). • Block • Places a block on the case and prevents any progress or updates from occurring on the record (i.e. no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) • Block with Override • Places a block on the case and prevents any progress or updates from occurring on the record (i.e. no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) However, the block can be overridden by end -users who have been given the proper securities. • Fee Date • Populates the CPI vesting date on the record if vesting maps are used by the jurisdiction. • Filed Mapping • A custom field or any field inherent in the EnerGov application can automatically populate with information based on spatial data. • Required Action • A workflow action can automatically populate in the workflow details for the particular record (i.e. plan, permit, code case, etc.) that requires the action based on certain spatial data related to the case. • Required Step • A workflow step can automatically populate in the workflow details for the particular record (i.e. plan, permit, code case, etc.) that requires the step based on certain spatial data related to the case. • Zone Mapping • The zone(s) automatically populate on the "Zones" tab of the record (i.e. plan, permit, code case, etc.). 8.6 "Intelligent Object (10)" is defined by: O Key components for automatically and reactively triggering geo-rules, computing fees, and generating emails, alerts and other notifications. 8.7 "Intelligent Automation Agent (IAA)" is defined by: O A tool designed to automate task in a proactive manner by setting values and generating emails and other tasks. On a nightly basis, a Windows service sweeps the EnerGov system looking for IAA conditions that have been met, and the associated actions are then performed. The IAA does not generate alerts or errors. 63/67 • tyler a • Packet Pg. 207 8.0.1.a 8.8 "EnerGov SDK API (Toolkits)" are defined by: O API's developed by Tyler Technologies for the purpose of extending the EnerGov Framework and functionality to external agencies and systems. Full documentation is available for each toolkit upon request. Note: The EnerGov toolkits and related documentation are simply tools that allow clients to create applications and integrations. The purchase of a toolkit does not imply any development related services from Tyler Technologies. The client is responsible for working with their IT staff and VAR's to develop any necessary applications and integrations except as otherwise noted in the Investment Summary for any "in -scope" integrations. 8.9 Estimated Timeline Timelines will be updated during the project planning process and adjusted, as necessary, over the course of the project. The estimated timeline is currently projected to be between 15 - 18 months assuming a continuous single project phase rollout. 64/67 • 00 tyler Q • Packet Pg. 208 8.0.1.a 9 Stage Acceptance Form Control Point [X]: [Stage Name] Stage Acceptance Date: Client: Client Project Manager: Tyler Project Manager: Project Phase: This memo indicates that the following activities have been satisfactorily completed and that the client authorizes Tyler to proceed to stage [X], [Stage Name], as scheduled for this phase of the project. [Completed deliverables itemized here] Please return this sign off to your Project Manager. If we do not receive it within 5 business days, we will consider the sign off complete. Client Project Manager: Date: 65/67 • 00 tyler Q • Packet Pg. 209 8.0.1.a 10 County of Sample - Change Order [X] Tyler Technologies Client: Requested By: Client Project Manager: Expiration Date: PROPOSED CHANGE IMPACT OF CHANGE Date: Tyler Project Manager: Change Req. Number: Schedule Task Original Start Date Original Finish Date Proposed Start Date Proposed Finish Date 66/67 •00 tyler a • Packet Pg. 210 8.0.1.a ACCEPTANCE NOTE: No changes may be made to this project without the agreement of the Project Manager(s), and must be approved by the Project Director. Submit endorsed Change Order to the Tyler Technologies Project Manager. Date Title Approved By Signature 67/67 tyler a • • Packet Pg. 211 8.0.1.b •• tyler•••••.,. • • technologies CONFIDENTIALITY & NON -DISCLOSURE AGREEMENT This Confidentiality & Non -Disclosure Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between Tyler Technologies, Inc., a Delaware corporation with offices at 1 Tyler Drive, Yarmouth, ME 04096 ("Tyler"), and the St. Lucie County Government with a mailing address at 2300 Virginia Avenue, Fort Pierce, FL 34982 ("Client") (Tyler and Client are each sometimes referred to individually herein as a "Party," and collectively as the "Parties"). WHEREAS, Tyler may disclose Confidential Information, as hereinafter defined, to Client and Client's employees in connection with, but in no way limited to, training on Tyler implementation methods and product details; WHEREAS, the Parties may continue to exchange Confidential Information; and WHEREAS, each Party desires to protect its Confidential Information. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Confidential Information. As used in this Agreement, "Confidential Information" means Trade Secret information as defined in Section 812.081 of Florida statute, and to the extent allowed under applicable law, all information of the Parties, in whatever form transmitted, that specifically includes Tyler's licensing and legacy data questionnaires, and such other information that: A. is not generally known to the public, whether of a technical, business or other nature including, without limitation any and all intellectual property rights either Party holds in and to its software, services and/or documentation, including patents, copyrights, and trademarks and trade secrets; B. is disclosed by one Party (the "Disclosing Party") to the other Party (the "Receiving Party") or that is otherwise learned by the Receiving Party in the course of its discussions or business dealings with, or due to its physical or electronic access to the premises or property of, the Disclosing Party; and/or C. has been identified as being proprietary and/or confidential, or that would reasonably be deemed to be proprietary and/or confidential based upon the nature of the circumstances surrounding its disclosure or receipt. Nothing contained in this Agreement precludes the Client from disclosing any part of this Agreement if necessary to comply with applicable state or federal laws, and the parties agree that in such case those documents shall not be considered Confidential Information. Exceptions. "Confidential Information" does not include information which: r A. becomes generally available to the public other than as a result of a disclosure by the Receiving Party; O B. was available to the Receiving Party on a non -confidential basis prior to its receipt by the Receiving Party;co C. becomes available to the Receiving Party on a non -confidential basis from a source other than the m Disclosing Party, its representatives or its agents, provided that such source is not bound by a confidentiality agreement with the Disclosing Party, its representatives or its agents or otherwise is r prohibited from transmitting the information to the Receiving Party by a contractual, legal or fiduciary Q obligation; and/or ••.; tyler Packet Pg. 212 8.0.1.b D. was independently developed by the Receiving Party without access to or the benefit of the Confidential Information. III. Use of Confidential Information. The Receiving Party, except as expressly provided in this Agreement, will not disclose Confidential Information to anyone without the Disclosing Party's prior written consent. In addition, the Receiving Party will not use, or permit others to use, Confidential Information for any purpose other than for the limited purpose or purposes for which the disclosure of the Confidential Information is originally made. Permitted use of other Confidential Information under this Agreement may include disclosure of that other Confidential Information to employees or representatives of the Receiving Party provided, however, that the Receiving Party informs such person or persons of this Agreement and will be responsible for any breach of this Agreement by such person or persons. IV. Exportation. Neither Party shall export, directly or indirectly, any technical data acquired from the other Party pursuant to this Agreement or any product utilizing any such data to any country for which the United States government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval. V. Governmental Request. Should the Receiving Party be directed by any governmental authority to disclose any or all of the Disclosing Party's Confidential Information, the Receiving Party shall promptly provide notice to the Disclosing Party of such request to allow the Disclosing Party an opportunity to prevent such disclosure. VI. Ownership of Confidential Information. Unless otherwise agreed to in writing, all Confidential Information will remain the exclusive property of the Disclosing Party, and the Receiving Party will have no rights, by license or otherwise, to use the Confidential Information except as expressly provided herein or in a separate written agreement specifically granting such rights. VII. Protection of Confidential Information. The Receiving Party will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures it takes to protect its own confidential information, and, in any event, at least in a manner considered commercially reasonable. VIII. Unauthorized Disclosure. The Receiving Party shall immediately notify the Disclosing Party upon the discovery of any loss or unauthorized disclosure or use of the Confidential Information of the Disclosing Party. IX. Injunctive Relief. Each Party acknowledges and agrees that a breach by it or one of its affiliates, employees, or representatives of any of the covenants set forth in this Agreement will cause irreparable injury to the other Party and its business for which damages, even if available, will not constitute an adequate remedy. Accordingly, each Party, for itself and its affiliates, employees and representatives, agrees that the other Party, in addition to any other remedy available at law or in equity, shall be entitled to the issuance of injunctive relief (including, without limitation, specific performance) by a court of competent jurisdiction in order to enforce the covenants and agreements contained herein. X. Non -waiver. Any failure by either Party to enforce performance of any provision of this Agreement will not r constitute a waiver of its right to subsequently enforce such provision or any other provision of this O C6 Agreement. c m E XI. No Trading in Tyler Common Stock. The Client acknowledges that Tyler is a publicly -traded company listed on U the New York Stock Exchange, and therefore agrees that any material, nonpublic Confidential Information Q ••.; tyfer Packet Pg. 213 8.O.1.b regarding Tyler that is disclosed to Client may not be used as a basis for trading in Tyler stock by Client or its representatives or employees. XII. Assignment. Neither Party may assign this Agreement or any rights or obligations hereof without the prior written consent of the other Party, and any attempted assignment without such consent shall be null, void, and of no effect. Notwithstanding the foregoing, Tyler may without the prior written consent of Client assign the contract in its entirety to the surviving entity of any merger or consolidation or to any purchaser of substantially all of Tyler's assets. XIII. Survival. The Receiving Party's obligations under this Agreement shall survive termination or expiration of this Agreement and shall be binding upon the Receiving Party's heirs, successors, and assigns, as applicable. XIV. Notices. All notices or communications required or permitted as a part of this Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed delivered when: A. Actually received; B. upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the Party; C. upon receipt by sender of proof of email delivery; or D. if not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in this Agreement or such other address as the Party may have designated by notice or Agreement amendment to the other Party. Consequences to be borne due to failure to receive a notice due to improper notification by the intended Receiving Party of a new address will be borne by the intended Receiving Party. The addresses of the Parties to this Agreement are as set forth above. XV. Cumulative Nature of Obligations. Each Party's obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other Party, whether express, implied, in fact, or in law. XVI. Public Records. To the extent required by applicable State law, Tyler Technologies 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 Tyler Technologies in conjunction with this Contract. Specifically, to the extent required by applicable State law, Tyler Technologies 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 J public records in possession of Tyler Technologies upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records r disclosure requirements. All records stored electronically must be provided to the County in a co format that is compatible with the information technology system of the County. c m E IF TYLER TECHNOLOGIES HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA U STATUTES, TO TYLER TECHNOLOGIES' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, Q ••.; tyler Packet Pg. 214 8.O.1.b CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bel lamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. XVIL Governing Law. This Agreement will be governed by, and construed in accordance with, the substantive laws of the State of Florida, without giving effect to any conflicts -of -law rule or principle that might require the application of the laws of another jurisdiction. XVIII. Jurisdiction & Venue. Any judicial proceeding brought by or against any of the Parties to this Agreement on any dispute arising out of this Agreement or any matter related hereto shall be brought exclusively in a Florida federal or state court of competent jurisdiction. By execution and delivery of this Agreement, each of the Parties to this Agreement accepts for itself the exclusive jurisdiction and venue of the aforesaid courts, and irrevocably agrees to be bound by any final non -appealable judgment rendered in connection with this Agreement. Each Party expressly waives any objection (including, without limitation, objections based on forum non conveniens) which any Party may have now or hereafter to the laying of venue or to the jurisdiction of any such suit, action, or proceeding, and irrevocably submits generally and unconditionally to the jurisdiction of any such court in any such suit, action, or proceeding. Each Party hereby agrees that in connection with any such suit, action, or proceeding, service of process may be accomplished by certified mail, return receipt requested, to the president, managing partner, or other appropriate official at the address set forth in the Notices section above. XIX. Severability. If any term or provision of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. XX. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both Parties. XXI. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will constitute one and the same Agreement. XXII. Term and Termination. This Agreement is intended to cover Confidential Information disclosed or received by either Party prior or subsequent to the date of this Agreement. Unless otherwise earlier terminated, this Agreement automatically will expire five (5) years from the date first written above; provided, however, that each Party's obligations with respect to the other Party's Confidential Information disclosed or received prior to termination or expiration will survive until such Confidential Information ceases to be confidential. XXIII. Return of Materials. Upon termination or expiration of this Agreement, or upon receipt of written request from the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all documents or other tangible materials representing the Disclosing Party's Confidential Information, including any copies made thereof. r XXIV. Entire Agreement. This Agreement represents the entire agreement of Client and Tyler with respect to the O co subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether c written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this E Agreement it did not rely on any information not explicitly set forth in this Agreement. U a r Q ••. tyler Packet Pg. 215 8.0.1.b IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by a duly authorized representative to be effective as of the last date set forth below. Tyler Technologies, Inc. By: Name: Title: Date: St. Lucie County, Florida By: Name: Title: Date: a+ Q ••. tyler Packet Pg. 216 8.P.1 ITEM NO. (ID # 5655) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners DATE: 11/27/2018 *CONSENT AGENDA\PUBLIC SAFETY PRESENTED BY: Ron Parrish, Public Safety Director SUBMITTED BY: Public Safety SUBJECT: Approval of the FY 18-19 Emergency Medical Services Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) BACKGROUND: The St. Lucie County Fire District has completed an application for the annual Emergency Medical Services (EMS) grant from the Florida Department of Health. The District anticipates receiving up to $39,231.00. As per Section 4 of the application, by acceptance of the grant, the Board of County Commissioners is certifying the monies from the EMS grant will improve and expand the County's pre -hospital EMS system and the grant monies will not be used to supplant existing Fire District EMS budget allocations. PREVIOUS ACTION: N/A FINANCIAL IMPACT: With this pass -through grant, there is no financial impact to St. Lucie County. Adequate funding for this yearly grant has already been budgeted and is available for the Fire District (#104-2610-581060-2950 Grants and Donations Fund — Ambulance and Rescue Service — Emergency Medical Service-HRS — Fire District). RECOMMENDATION: Staff recommends Board approval of the Emergency Medical Services (EMS) Grant Application in the amount of $39,231.00, and authorization for the Chair to sign documents as approved by the County Attorney. [its]►/ILTA IRVI[8P►I_Ts"IQTF Packet Pg. 217 8.P.1 Coordination/Signatures Danie S. McIntyre, County ttorney 11/19/2018 .13LV y er, De y County Administrator 11/19/2018 Updated: 11/15/2018 11:36 AM by Katrina Slay A Page 2 Packet Pg. 218 8.Q.1 ITEM NO. (ID # 5639) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program Iroquois/Navajo MSBU IA TC DATE 11/27/2018 *CONSENT AGENDA\PUBLIC WORKS August 7, 2018, the Board approved the Final Assessment Resolution for the Iroquois/Navajo MSBU. The attached Interlocal Agreement between the St. Lucie County Board of County Commissioners and the St. Lucie County Tax Collector satisfies the requirements pursuant to Chapter 197.3632 of the Florida Statutes. PREVIOUS ACTION: June 5, 2018, the Board approved Resolution No. 2018-104, the Initial Assessment Resolution August 7, 2018, the Board approved Resolution No. 2018-142, the Final Assessment Resolution FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the Ilterlocal Agreement with the St. Lucie County Tax Collector for the Iroquios/Navajo MSBU and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 219 8.Q.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie SWmclnty're,c� orney 10/29/2018 rk 5 er ee 1 ep County miAistrato 10/29/2018 Updated: 11/19/2018 9:04 AM by Katrina Slay A Page 2 Packet Pg. 220 8.Q.1.a Agreement with Tax Collector INTERLOCAL AGREEMENT BETWEEN TAX COLLECTOR AND ST. LUCIE COUNTY FOR IROQUOIS/NAVAJO MSBU THIS AGREEMENT is made and entered into this day of 20 , by and between the Board of County Commissioners of St. Lucie County, Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as the "County"), and the St. Lucie County Tax Collector, a constitutional officer of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as "Tax Collector"). WITNESSETH: WHEREAS, the County intends to levy non -ad valorem special assessments against residential properties within the boundaries of the area known as Iroquois/Navajo Municipal Services Benefit unit (the "IROQUOIS/NAVAJO MSBU"); and WHEREAS, the purpose of the levy is to provide financing of infrastructure to provide potable water and fire protection improvements to the properties within the boundaries of the "Iroquois/Navajo MSBU"; and WHEREAS, the County is authorized to impose non -ad valorem assessments and by resolution has expressed its intent to use the uniform method of notice, levy, collection and enforcement of such assessments, as authorized by Section 197.3632, Florida Statutes; and WHEREAS, the uniform methodology with its enforcement provisions including the use of tax certificates and tax deeds for enforcing against any delinquencies, is more fair to the delinquent property owner than traditional lien foreclosure methodology; and WHEREAS, the uniform method will provide for more efficiency of collection by virtue of the assessment being on the tax bill issued by the Tax Collector which will produce positive economic benefits to the County; and Packet Pg. 221 8.Q.1.a Agreement with Tax Collector WHEREAS, the uniform methodology will tend to eliminate confusion and promote local government accountability; and WHEREAS, Section 197.3632(2) , Florida Statutes, provides that the County shall enter into a written agreement with the Tax Collector for reimbursement of necessary administrative costs incurred in implementing said section; and WHEREAS, Section 197.3632(7), Florida Statutes, provides that the County shall bear all costs associated with any separate notice in the event Tax Collector is unable to merge a non -ad valorem assessment roll to produce the annual tax notice; and WHEREAS, Section 197.3632(8)(c), Florida Statutes, provides that the County shall compensate the Tax Collector for actual costs of collection of non -ad valorem assessments. NOW, THEREFORE, for and in consideration of the foregoing, including mutual terms, covenants and conditions herein contained, the parties do contract and agree as follows: ARTICLE 1 RECITATIONS:AUTHORIY This Agreement is entered into pursuant to the Florida Interlocal Cooperation Act of 1969; Sections 163.01 and 197.3632 Florida Statutes (2014). 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 telecommunications, representations, or agreements, either verbal or written between the parties. The above representations are true and correct and incorporated herein. ARTICLE II PURPOSE The purpose of this Agreement is to establish the terms and conditions under which the Tax Collector shall collect and enforce the collection of non -ad valorem assessments levied by the County from time to time to include reimbursement by the County to the Tax Collector for actual costs of collection pursuant to Section 197.3632(8)(c) , Florida Statutes; any costs involved in separate mailings because of non- merger of any non -ad valorem assessment roll of the County, pursuant to Section 197.3632(7), Florida Statutes; and for necessary administrative costs, including, but not limited to, those costs associated with personnel, forms, supplies, data 2 Packet Pg. 222 8.Q.1.a Agreement with Tax Collector processing, computer equipment, postage and programming which attend all of the collection and enforcement duties imposed upon the Tax Collector by the uniform methodology, as provided in Section 197.3632(2), Florida Statutes. It is the intent of the parties hereto that this Agreement and the terms and conditions hereof shall govern those non -ad valorem assessment programs implemented and maintained by the County for purposes of funding potable water and fire protection improvements to parcels within the Iroquois/Navajo Municipal Services Benefit Unit. ARTICLE III TERM The term of this Agreement shall commence on the 2017 tax roll and shall run through the 2037 tax roll, the date of signature of the parties notwithstanding. However, the County shall inform the Tax Collector, as well as the St. Lucie County Property Appraiser (the "Property Appraiser") and the Florida Department of Revenue, by January 10 in any calendar year in which it intends to discontinue use of the uniform method of collecting each such assessment pursuant to Section 197.3632(6), Florida Statutes. ARTICLE IV COMPLIANCE WITH LAWS AND REGULATIONS The parties shall comply with all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem assessments by, and any resolutions promulgated by the County not inconsistent with, nor contrary to, the provisions of Sections 197.3632 and 197.3635, Florida Statutes, or successor statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. This Agreement incorporates the provisions of Section 197.3632, Florida Statutes as they exist on the date of execution and as they may be from time to time be amended or renumbered. ARTICLE V DUTIES AND RESPONSIBILITIES OF THE COUNTY The County agrees, covenants, and contracts to: (A) Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Iroquois/Navajo MSBU. 3 Packet Pg. 223 8.Q.1.a Agreement with Tax Collector (B) Provide the Tax Collector with copies of all other resolutions relating to the Iroquois/Navajo MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the Iroquois/Navajo MSBU. (C) The County shall, in writing, notify the Tax Collector of the representative(s) authorized to submit a correction on DR Form 409A. The County shall also notify the Tax Collector in writing of the official authorized to submit the factors. (D) The County shall provide the Tax Collector, thirty (30) days prior to presentation of certified rolls, all proposed details regarding yearly billing, prepays , payoffs during term, payoffs after first billing (ie: amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The Tax Collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. (E) By September 15 of each calendar year, the County, acting through an authorized agent thereof, shall officially certify to the Tax Collector the non -ad valorem assessment roll, on compatible electronic medium, tied to the property parcel identification number, and otherwise conforming in format to that contained on the ad valorem tax rolls submitted by the Property Appraiser to the Department of Revenue. The County shall post the non -ad valorem assessment roll and shall exercise its responsibility that such non -ad valorem assessment roll be free of errors and omissions. The County shall inform the Tax Collector, as well as the Property Appraiser and the Department of Revenue by January 1 Oth if it intends to discontinue use of the uniform method of collection for the applicable non -ad valorem assessment. (F) Timely reimburse the Tax Collector for actual collection costs incurred pursuant to Section 197.3632, Florida Statutes. (G) Timely reimburse Tax Collector for necessary administrative costs for the collection and enforcement of the applicable non -ad valorem assessment by the Tax Collector pursuant to Section 197.3632(2), Florida Statutes, to include, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience, exceeds two percent (2%) of the total collection. However, in order to keep costs as low as possible, the Tax Collector agrees to accept two percent (2%) of the collection as his reimbursement. If, due to unusual or extenuating circumstances, the Tax Collector's necessary administration costs of performing the services required by this agreement 4 Packet Pg. 224 8.Q.1.a Agreement with Tax Collector exceed the usual and expected compensation provided for in this paragraph, the District agrees to pay any additional sums required to fully reimburse the Tax Collector for necessary administrative costs as documented by the Tax Collector. (H) Timely pay for or alternatively to timely reimburse the Tax Collector for any separate tax notice necessitated by the Tax Collector not being able to merge the non -ad valorem assessment roll pursuant to Section 197.3632(7), Florida Statutes. (I) All assessments shall become liens by operation of law as specified in Section 197.122 F.S. ARTICLE VI DUTIES OF THE TAX COLLECTOR The Tax Collector agrees, covenants and contracts to: (A) Merge all rolls, prepare a collection roll and prepare a combined notice for both the ad valorem and non -ad valorem assessments in accordance with Chapter 197, any applicable rules promulgated by the Department of Revenue and in accordance with any specific rules and resolutions adopted by the County, so long as said rules and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes. (B) Collect the non -ad valorem assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in Article V. paragraph G of this agreement. (C) Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the Tax Collector shall provide a statement to the County showing the amount of special assessments collected. (D) If the Tax Collector discovers any errors omissions on any roll, request the District to file a corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a certificate of correction with a copy to the Property Appraiser and the Department of Revenue, pursuant to applicable rules provided by the Department of Revenue. 5 Packet Pg. 225 8.Q.1.a Agreement with Tax Collector (E) Upon determining that a separate mailing is required pursuant to Section 197.3632(7), Florida Statutes, mail or require the District to mail a separate notice of the particular non -ad valorem assessment. ARTICLE VII MISCELLANEOUS (A) The parties acknowledge that the Tax Collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non - ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. (B) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized, and signed by all parties. Any amendment must be entered prior to January 1 of the tax year in which such amendment is to become effective. This Agreement and any amendment shall be filed with the Clerk of the Circuit Court for St. Lucie County, Florida, and shall be effective as of the date of such filing. (C) This Agreement shall continue from year to year unless terminated by either party for any reason, provided, however, that the party desiring to terminate must give written notice of such termination on or before June 30 preceding January 1 of the year the Agreement shall stand terminated. (D) All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, and addressed as follows: 0 Packet Pg. 226 Agreement with Tax Collector 8.Q.1.a If to the County St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Tax Collector St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 (E) This Agreement constitutes the entire agreement between the parties with respect to the subject matter, and supersedes all prior oral or written agreements between the parties. (F) This Agreement shall be interpreted as a whole unit, and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. (G) This Agreement has been entered into for the sole benefit and protection of the parties and no other person or entity shall have any right of action under or by reason of this Agreement. (H) This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, for recording in the public records of the County. (I) In accordance with Section 163.01(11), Florida Statutes, this Agreement shall be deemed effective as of the date of filing with the Clerk of the Circuit Court as provided in subparagraph (H) above. 7 Packet Pg. 227 Agreement with Tax Collector 8.Q.1.a IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and have caused these presents to be signed by their duly authorized officers. the date first above written. ATTEST: ATTEST: ST. LUCIE COUNTY Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney U TAX COLLECTOR OF ST. LUCIE COUNTY M LO By: a a lector — d c APPROVED AS TO FORM AND E CORRECTNESS: a General Co 1 Packet Pg. 228 8.Q.2 ITEM NO. RES-2018-238 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 11/27/2018 *CONSENT AGENDA\PUBLIC WORKS Resolution - River Hammock Municipal Services Benefit Unit (MSBU) On January 9, 2018, the Board created the River Hammock MSBU and directed staff to proceed with the project. The attached resolution will establish a FY19 budget for this MSBU. PREVIOUS ACTION: January 9, 2018, the Board approved Resolution No. 2018-002, creating the River Hammock MSBU October 16, 2018, the Board approved Resolution No. 2018-196, giving notice of intent FINANCIAL IMPACT: The initial funding of the River Hammock MSBU is generated by loan proceeds and the collection of the special assesment. These funds will be appropriated towards construction of the potable water and fire protection improvements for parcels within the MSBU. Revenues collected in the fund will be deposited into the River Hammock MSBU and account string 37011-4115-3XXXXX-38024 and expenses will be appropriated and incurred in account string 37011-4115-5XXXXX-38024 & 366910-38024. Revenues collected from the special assesment will be used to pay-off the loan over the term of the loan. The attached Budget Resolution provides the detail account strings. RECOMMENDATION: Staff recommends Board approval of the River Hammock MSBU budget resolution and authorization for the Chair to sign documents as approved by the County Attorney. 14ca ►] "il►�ifi;1-[9P►I_Ts"191 F Packet Pg. 229 8.Q.2 Coordination/Signatures Kimberly Graham, Courj Engineer 11/5/2018 4anie/S. McIntyre, C 11/14/2018 teil, O fice of ana Bu get Director 11/13/2018 rk 5 er ee,bep uK C o u n 1y-Ad ministrato' 11/15/2018 Updated: 11/13/2018 1:41 PM by Michelle Peterson Page 2 Packet Pg. 230 8.Q.2.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. M Lucie County, certain funds not anticipated at the time of adoption of the budget have become available co from loan proceeds, interest, and contributions from property owners in the amount of $321,000 for the c River Hammock MSBU project. c� w WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a 00 resolution to appropriate and expend such funds. r NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 271h day of November, 2018 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2018-2019, and the County's budget is hereby amended as follows: REVENUE 37011-4115-361100-38024 37011-4115-384200-38024 37011-4115-366910-38024 APPROPRIATION 37011-4115-534000-38024 37011-4115-531000-38024 37011-4115-549000-38024 37011-4115-549110-38024 37011-4115-549114-38024 37011-4115-599330-38024 37011-8193-599050-800 Interest on Investments $1,000 Proceeds from Loans $270,000 Contributions from Prop Owners-MSBU $50,000 Other Contractual Services $224,000 Professional Services $60,000 Advertising $500 General & Administrative Charges $10,000 Gen & Admin Chgs - MSBU $2,000 Project Reserve $9,500 Tax Collector $15,000 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 27TH DAY OF NOVEMBER 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 231 8.Q.3 ITEM NO. RES-2018-239 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: 11/27/2018 *CONSENT AGENDA\PUBLIC WORKS Resolution - River Hammock Municipal Services Benefit Unit (MSBU) In January 2018, the Board approved Resolution No. 2018-002, creating the River Hammock MSBU and accepting submitted petitions which indicate that eighty-three percent (83%) of affected property owners support the imposition of assessments to fund potable water and fire protection improvements. In June 2017, affected property owners were notified by mail of their maximum estimated assessment amount. On June 22, 2017 an informational meeting was held with County staff, Port St. Lucie Utility System staff and property owners to discuss the MSBU process, project design and project cost. The maximum assessed cost of the project is $258,852. The maximum assessment amount to be levied per Equivalent Residential Connection ("ERC") is $11,245 with an annual payment of $904. Annual assessments are scheduled to be collected for twenty (20) years beginning in November 2019. 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 financing is obtained. The attached Resolution constitutes an Initial Assessment Resolution as required by the County's Assessment Ordinance. The purpose of the Resolution is to describe the property to be located within the River Hammock MSBU, provide for the imposition of special assessments therein, estimate the cost to be funded through special assessments, establish the method of apportioning the special assessment among affected real property, direct the assessment coordinator to prepare a preliminary assessment roll, approve the interlocal agreement with the City of Port St. Lucie, authorize and direct staff to take such actions as may be necessary in furtherance of the project and the financing of the cost thereof through special assessments, establish a public hearing to consider imposition of the proposed assessments and provide an effective date. PREVIOUS ACTION: Packet Pg. 232 8.Q.3 January 9, 2018, the Board approved Resolution No. 2018-002, creating the River Hammock MSBU October 16, 2018, the Board approved Resolution No. 2018-196, giving notice of intent FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the River Hammock Municipal Services Benefit Unit (MSBU) initial assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures IL Kimberly Graham, Courd Engineer 11/5/2018 1 , Danie 5. McIntyre, Co,(inty ttorney 11/5/2018 Mark 5 ter ee, Depv County Ad ministrato 11/6/2018 Updated: 11/20/2018 5:06 PM by Katrina Slay Page 2 Packet Pg. 233 8.Q.3.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT INITIAL ASSESSMENT RESOLUTION ADOPTED NOVEMBER 27, 2018 25048/040/01411797.DOCv2 Packet Pg. 234 8.Q.3.a TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY..................................................................................................1 SECTION 1.02. DEFINITIONS................................................................................................ 2 SECTION 1.03. INTERPRETATION....................................................................................... 4 SECTION1.04. FINDINGS....................................................................................................... 4 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED PROJECT COST..................................................................... 7 SECTION 2.02. AUTHORITY AND DIRECTION................................................................ 7 SECTION 2.03. PUBLIC HEARING........................................................................................ 9 ARTICLE III ASSESSMENTS SECTION 3.01. RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT .............10 SECTION 3.02. UTILITY SERVICE PROVIDER.................................................................10 SECTION 3.03. IMPOSITION OF ASSESSMENTS............................................................11 SECTION 3.04. APPORTIONMENT METHODOLOGY...................................................11 SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS.....................................14 SECTION 3.06. COLLECTION OF ASSESSMENTS...........................................................14 ARTICLE IV GENERAL PROVISIONS SECTION4.01. CONFLICTS...................................................................................................15 SECTION 4.02. SEVERABILITY.............................................................................................15 SECTION 4.03. EFFECTIVE DATE........................................................................................16 APPENDIX A RIVER HAMMOCK MSBU LEGAL DESCRIPTION APPENDIX B INTERLOCAL AGREEMENT 5 m 0 E x L o) M N 00 0 N co w w 25048/040/01411797.DOCv2 Packet Pg. 235 8.Q.3.a RESOLUTION NO. 2018- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS TO PROPERTIES WITHIN THE PROPOSED RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE LOCATED WITHIN THE RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS THEREIN; ESTIMATING THE PROJECT COST TO BE FUNDED THROUGH SPECIAL ASSESSMENTS; ESTABLISHING THE METHOD OF APPORTIONING THE SPECIAL ASSESSMENTS AMONG AFFECTED REAL PROPERTY; DIRECTING THE ASSESSMENT COORDINATOR TO PREPARE A PRELIMINARY ASSESSMENT ROLL; APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF PORT ST. LUCIE RELATED TO THE PROVISION OF WATER SERVICE IN THE RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT; AUTHORIZING AND DIRECTING STAFF TO TAKE SUCH ACTIONS AS MAY BE NECESSARY IN FURTHERANCE OF SUCH PROJECT AND THE FUNDING OF THE COST THEREOF THROUGH SPECIAL ASSESSMENTS; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Chapter 40, Article IV of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law 25048/040/01411797.DOCv2 1 Packet Pg. 236 8.Q.3.a SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Cost" means the costs of the Project to be funded through the imposition of Assessments against Assessed Property, an estimate of which is included in Section 2.01 hereof. "Assessed Property" means all parcels of real property included in the Assessment Roll that receive a special benefit from the Project. "Assessment" means a special assessment (sometimes characterized as a non -ad valorem assessment) levied by the Board to fund the Assessed Cost. "Assessment Coordinator" means the chief administrative officer of the County, or such person's designee responsible for coordinating calculation and collection of Assessments as provided herein. "Assessment Ordinance" means Chapter 40, Article IV of the County Code of Ordinances as may be amended from time to time, or its successor in function. "Assessment Roll" means the special assessment roll created pursuant to Section 40- 100(c) of the Assessment Ordinance and described in Section 2.02 (A) hereof. "Board" means the Board of County Commissioners of St. Lucie County, Florida 25048/040/01411797.DOCv2 2 Packet Pg. 237 8.Q.3.a "City" means the City of Port St. Lucie, Florida. "Clerk" means the clerk of St. Lucie County. "Collection Costs" means costs incurred by the Board in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the early payment of property taxes and non -ad valorem assessments "County" means St. Lucie County, Florida. "Equivalent Residential Connection" or "ERC" means the equivalency unit attributed to Parcels comprising the River Hammock MSBU to measure and allocate the relative benefit conveyed to such Parcels by provision of the potable water and fire protection improvements comprising the Project. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Obligations" means a loan, note, bond or other debt obligation issued or incurred by the County to finance the Project and secured by the Assessments. The term Obligation shall include any interfund or intrafund loan made by the County for such purposes. "Parcel" means a parcel of real property to which the St. Lucie County Property Appraiser has assigned a distinct ad valorem property tax identification number. "Petitions" means written petitions or straw ballots summited to the Board by 25048/040/01411797.DOCv2 3 Packet Pg. 238 8.Q.3.a affected parcel owners pursuant to Section 40.99 of the Assessment Ordinance. "Project" means the potable water and fire protection improvements contemplated hereunder which will specially benefit Assessed Property within the River Hammock MSBU. "Project Cost" means all or any portion of the costs and expenses that are properly attributable to the planning, acquisition, design, engineering, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of the Project and the imposition of the Assessments under generally accepted accounting principles; and including reimbursement to the County for any funds advanced in furtherance of the Project. "River Hammock MSBU" means the proposed River Hammock Municipal Service benefit Unit, as described in Section 3.01 hereof. "Tax Roll" means the real property ad valorem tax roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms 25048/040/01411797.DOCv2 4 Packet Pg. 239 8.Q.3.a "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. that: SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared (A) The County and the City have collaborated in providing for the design, construction, and acquisition of the potable water and fire protection improvements comprising the Project, including but not limited to preliminary planning and developing a cost estimate, plan of finance, and project schedule. (B) The plan of finance for the Project involves the levy and collection of Assessments on developed or developable Parcels within the River Hammock MSBU pursuant to the Assessment Ordinance and the Uniform Assessment Collection Act. (C) Preliminary Petitions submitted to the County indicate that 83% of affected property owners support the imposition of Assessments to fund the Project. (D) The Board is authorized by the Uniform Assessment Collection Act to levy and collect Assessments, and the Assessment Ordinance established a procedure for the levy and collection of Assessments by the Board for the purpose of providing essential facilities and services such as the Project. 25048/040/01411797.DOCv2 5 Packet Pg. 240 8.Q.3.a (E) The Project will convey special benefits to Parcels within the River Hammock MSBU including but not limited to: access to a centralized, publicly owned and operated water utility system which will provide an increase in market valuation, enhanced development/re-development potential, availability of water treated to comply with regulatory drinking water standards, safety benefits associated with installation of fire hydrants, and heightened use, marketability, enjoyment and value of the real property specially benefitted by the Project. The improvements comprising the Project are designed to meet the capacity requirements of the specially benefiting properties within the River Hammock MSBU; hence, 100% of the costs are associated with providing special benefit (F) The apportionment of Assessments based upon Equivalent Residential Connections as described in Section 3.04 hereof is a fair and reasonable method for apportioning the costs of the Project and the special benefit conveyed thereby among Assessed Property, and bears a reasonable relationship to the cost of providing the Project. (G) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Initial Assessment Resolution provide a proper and equitable method of funding the Project by fairly and reasonably apportioning the costs thereof among specially benefitted property. [Remainder of page intentionally left blank] 25048/040/01411797.DOCv2 6 Packet Pg. 241 8.Q.3.a ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED PROJECT COST. (A) The estimated maximum Assessed Cost of the Project is $258,852. (B) Unless determined otherwise by subsequent resolution of the Board, the Assessed Cost will be collected, together with Collection Costs, pursuant to the Uniform Assessment Collection Act in not more than twenty (20) annual installments. (C) The Assessment rates established in this Initial Assessment Resolution shall be the maximum rates applied by the Assessment Coordinator in the preparation of the preliminary Assessment Roll as provided in Section 2.02(A) of this Initial Assessment Resolution. SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment Coordinator and other members of County staff are hereby authorized and directed to take such actions as maybe necessary or desirable in furtherance of the Project, including but not limited to the following: (A) Prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2019, in the manner provided in Section 40-100(c) of the Assessment Ordinance. The Assessment Roll shall include all Parcels within the River Hammock MSBU. The Assessment Coordinator shall apportion the estimated Assessed Cost to be funded through Assessments in the manner set forth in this Initial Assessment 25048/040/01411797.DOCv2 7 Packet Pg. 242 8.Q.3.a Resolution. A copy of this Initial Assessment Resolution and the preliminary Assessment Roll shall be maintained on file in the office of the Assessment Coordinator and open to public inspection. The foregoing shall not be construed to require that the preliminary Assessment Roll be in printed form if the amount of the Assessment for each parcel of property can be determined by the use of a computer terminal or internet access available to the public. (B) Finalize plans and specifications necessary for construction of the Project. (C) Prepare such additional resolutions as may be necessary or desirable in order to impose and collect Assessments and to provide for financing of the Project through the issuance of an Obligation. (D) Prepare such agreements by and between the Board and the St. Lucie County Tax Collector and the St. Lucie County Property Appraiser as may be required by the Uniform Assessment Collection Act. (E) Implement procurement processes pertaining to construction of the Project. (F) Mail and publish any notices required by the Assessment Ordinance, including mailed and published notice of the public hearing established by Section 2.03 hereof. (G) Take such other action as may be required by the Assessment Ordinance SECTION 2.03. PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on February 5, 2019 in Commission Chambers, 2300 Virginia 25048/040/01411797.DOCv2 8 Packet Pg. 243 8.Q.3.a Avenue, Fort Pierce Florida, at which time the Board will receive and consider any comments on the Assessments from the public and affected property owners and consider adoption of a Final Assessment Resolution in accordance with Section 40.99(f) of the Assessment Ordinance creating the River Hammock MSBU, imposing Assessments on the Parcels therein to fund the Project, and authorizing collection of the Assessments pursuant to the Uniform Assessment Collection Act. [Remainder of page intentionally left blank.] 25048/040/01411797.DOCv2 9 Packet Pg. 244 8.Q.3.a ARTICLE III ASSESSMENTS SECTION 3.01. RIVER HAMMOCK MSBU; PROJECT DESCRIPTION. The proposed River Hammock MSBU is described in Appendix A attached hereto. The Project entails the installation of approximately 1,350 linear feet of potable water mains, fire hydrants, and individual water services to benefit parcels on River Hammock Lane. SECTION 3.02. UTILITY SERVICE PROVIDER. The proposed River Hammock MSBU is located within the utility service area of the City. Upon creation of the River Hammock MSBU, the County and the City will enter into an agreement (the "Interlocal Agreement") setting forth the terms by which the City will provide potable water service to the Parcels comprising the River Hammock MSBU. The Interlocal Agreement shall be in substantially the form attached hereto as Appendix B, with such changes as may be approved by the County Attorney. SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against Assessed Property located within the River Hammock MSBU, the annual amount of which shall be computed for each Parcel in accordance with this Article III. When imposed, the Assessment for each Fiscal Year shall constitute a lien upon Assessed Property as provided in the Assessment Ordinance. Such lien shall be equal in rank and dignity with the liens of all state, county or municipal taxes and other non -ad valorem 25048/040/01411797.DOCv2 10 Packet Pg. 245 8.Q.3.a assessments, and except as otherwise provided by law, shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 3.04. APPORTIONMENT APPROACH. (A) The traditional unit employed by the County for apportioning the cost of potable water systems is the assignment of ERCs as described below. Such ERC-based apportionment methodology is in widespread use throughout the state and is hereby approved and adopted as the apportionment method for the River Hammock MSBU Assessments. (B) The River Hammock MSBU is substantially composed of similarly sized platted single family residential lots which allows for a relatively high level of certainty in the design and sizing of the potable water and fire protection improvements required to serve the Parcels therein, regardless of the size of single family dwelling units located on or built thereon. Accordingly, it is fair and reasonable to use an ERC method for computing the River Hammock MSBU Assessments based upon assigning one (1) Equivalent Residential Connection for each single family dwelling unit or subdivided residential building lot capable of development with a single family dwelling, regardless of the size of the dwelling unit or lot. (C) Because of the predominantly residential nature of the River Hammock MSBU, the ERC system described herein does not include commercial use as an apportionment factor. 25048/040/01411797.DOCv2 11 Packet Pg. 246 8.Q.3.a (D) There are currently twenty-three (23) Parcels within the River Hammock MSBU, all of which, are currently developed or capable of being developed with at least one (1) single family dwelling unit. (E) The estimated Assessment amount per ERC is $11,245. This amount represents the maximum estimated Project Cost. The estimated annual assessment amount per ERC is $904, which includes interest at an assumed rate of 5%, tax collector fees, and amounts as necessary to account for statutory early payment discounts. The annual installments are computed to be sufficient to pay the annual debt service on obligations issued to finance the Project including any interfund loan provided by the County for purposes of financing the Project. (F) It is hereby ascertained, determined, and declared that the method of determining the Assessments as set forth in this Initial Assessment Resolution is a fair and reasonable method of apportioning the Assessed Cost among Assessed Property. SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the County from the Assessments shall be utilized solely to pay for costs associated with the Project which may include repayment of any Obligation issued or incurred for the purpose of financing the Project. SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments shall be collected, together with Collection Costs, pursuant to the Uniform Assessment Collection Act unless otherwise determined by subsequent resolution of the Board. 25048/040/01411797.DOCv2 12 Packet Pg. 247 8.Q.3.a ARTICLE IV GENERAL PROVISIONS SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. [Remainder of page intentionally left blank] 25048/040/01411797.DOCv2 13 Packet Pg. 248 8.Q.3.a SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Linda Bartz Vice Chair Cathy Townsend Commissioner Chris Dzadovsky Commissioner Sean Mitchell Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 271h day of November, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 25048/040/01411797.DOCv2 14 Packet Pg. 249 8.Q.3.a APPENDIX A DESCRIPTION OF RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT A parcel of land lying in Section 4, T-36-S, R-40-E, St. Lucie County, Florida and also being a portion of River Hammock Subdivision as recorded in Plat Book 23 at page 2 of the public records of St. Lucie County, Florida and a portion of River Hammock Addition an unrecorded subdivision. Said parcel being more particularly described as follows: Commence at the northwest corner of the SW 1/4 of the SW 1/4 of Section 4, T-36-S, R-40-E; thence S 00' 09'38" E along the west line of said Section 4 a distance of 300.00'; thence N 89' 50'56" E a distance of 173.12' to the southwest corner of Lot 2 of River Hammock Addition (unrecorded subdivision) as described within ORB 1305, Pages 1526-1527 of the public records of St. Lucie County Florida and the Point of Beginning; thence N 00' 09'38" W a distance of 400.0' to the northwest corner of Lot 2 of River Hammock Subdivision as recorded in Plat Book 23, page 2 of the public records of St. Lucie County, Florida; thence N 89' 50'56" E along the north line of said River Hammock Subdivision and easterly extension thereof a distance of 1950' more or less to the mean high water line of the St. Lucie River; thence meander southerly along said mean high water line a distance of 420' more or less to a point on a line lying 400.00' south (as measured at right angles) of the north line of River Hammock Subdivision; thence S 89' 50'56" W parallel with the north line of River Hammock Subdivision a distance of 1690' more or less to the Point of Beginning. Less and except right of ways of record. 25048/040/01411797.DOCv2 A-1 Packet Pg. 250 8.Q.3.a APPENDIX B INTERLOCAL AGREEMENT POTABLE WATER SERVICE RIVER HAMMOCK MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and the CITY OF PORT ST. LUCIE, a Florida municipal corporation (the "City"). WHEREAS, on June 28, 1994, the City and the County entered into an Agreement of Transfer whereby the County transferred ownership of a County water, wastewater, and propane utility system to the City (hereinafter referred to as the "City Utility System"); and WHEREAS, the Agreement of Transfer provides that the County has the right to create special assessment districts to construct line extensions to the City Utility System to provide utility services to residents in unincorporated portions of the City Service Area and the City has agreed to cooperate with the County to provide utility services to these special assessment districts by entering into separate agreements for each such district in accordance with the Agreement of Transfer and the City Uniform Extension Policy; and WHEREAS, the County has created a special assessment district in the nature of a municipal services benefit unit to fund the cost of providing potable water service, to be provided by the City Utility System to the River Hammock Municipal Service Benefit Unit in unincorporated St. Lucie County (the "River Hammock MSBU"). NOW THEREFORE, for and in consideration of these premises, the parties hereto agree as follows: 1. Definitions. The definitions set forth in the chapter entitled "Public Utilities" found in the Port St. Lucie City Code shall apply in this Agreement unless otherwise specified below; provided, however, that for purposes of this Agreement the County shall be considered a "Developer" or "Customer" thereunder except that pursuant to Section 5.4(b)(iii) of the Transfer Agreement, the County is not required to pay Guaranteed Revenues. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning. (A) "Service" - The readiness and ability by the City to furnish water to the River Hammock MSBU. 25048/040/01411797.DOCv2 B-1 Packet Pg. 251 8.Q.3.a (B) "Point of Delivery Collection" - The point where the pipes of the utility are connected with the pipes of the Property Owners. Unless otherwise indicated, the point of delivery shall be at a point on the Property Owner's lot or property line. (C) "Property Owners" - The owners of record of the real property within the River Hammock MSBU and their respective successors or assigns. (D) "Contribution —in -Aid -of -Construction" - The sum of money, and/or property, represented by the City Charges and the water distribution system constructed by the County, which the County covenants and agrees to pay or deliver to the City (the "MSBU Facilities"), as a contribution -in aid -of -construction, to induce the City to continuously provide water service to the Property. 2. Payment. In accordance with the Agreement of Transfer and the City Uniform Extension Policy, the County agrees to pay the water capital charges, inspection fees, review fees, and processing fees (collectively "City Charges") from the proceeds of a financing supported by special non -ad valorem assessments to be levied on the properties within the River Hammock MSBU (the "MSBU Financing"). The Property Owners shall be responsible for the payment of all other applicable fees in accordance with the Agreement of Transfer and the City Uniform Extension Policy. 3. Easement and Rights of Access. The parties agree that all facilities necessary to provide water service to the River Hammock MSBU will be located in County's rights -of -way. The County agrees that the County's rights -of -way include the necessary right of ingress and egress to the property lines of the lots in the River Hammock MSBU. If necessary, the County agrees to assist the City in obtaining any easements rights of access necessary to provide water service from the Property Owner's lot lines to the customer service connections. The County further agrees that the City will be under no obligation to provide water service to any customer who fails to give the City such access easements, if any. The City hereby agrees that they will use all County right-of-way in accordance with the County's standard right-of-way regulations. 4. Provision of Service Upon the accomplishment of all the prerequisites contained in this Agreement to be performed by the County, including but not limited to the payment in full of all City Charges, the City covenants and agrees that it will allow the connection of the MSBU Facilities, as defined below, installed by the County to the central water facilities of the City in accordance with the terms and intent of the Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and the Florida Department of Environmental Protection. The City agrees that once it provides water service to the River Hammock MSBU and has connected customer installations to its system, that thereafter, the City will continuously provide, in return for payment of all applicable rates, fees, and charges by the Property Owners and in accordance with and subject to the other provisions of this Agreement, and of applicable laws, including rules and 25048/040/01411797.DOCv2 B-2 Packet Pg. 252 8.Q.3.a regulations and rate schedules, water service to the River Hammock MSBU in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water distribution operation of the City. 5. Design. Review. Construction. Inspection and Conveyance Facilities 5.1 To induce the City to continuously provide the River Hammock MSBU with water services, the County hereby covenants and agrees to pay for the construction and to transfer ownership and control to the City, as a Contribution -in -Aid -of -Construction: (a) the on -site water distribution system (the "On -Site Facilities"), and (b) the off -site water distribution system, together with all appurtenances thereto from the River Hammock MSBU to a point of connection with existing City mains (the "Off -Site Facilities") (collectively, the "On -Site Facilities and Off -Site Facilities referred to as the "MSBU Facilities"), both as more particularly shown in the final approved plans and specifications prepared by EDC, Inc (the "Plans"). 5.2. All construction of the MSBU Facilities, whether conveyed to the City or not, shall be in accordance with the Plans. The County shall be entitled to "third party pay backs" for any over sizing required by the City in accordance with the City Uniform Extension Policy. The County shall cause to be constructed, at the County's expense, the MSBU Facilities as shown on the Plans. 5.3. During the construction of the MSBU Facilities by the County, the City shall have the right to inspect such installation to determine compliance with the Plans, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and good engineering practices. Complete as -built plans shall be submitted to the City upon completion of construction. 5.4 By these presents, the County hereby transfers to the City title to the MSBU Facilities installed by the County's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the review and acceptance by the City of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by the City, the County shall convey to the City, by bill of sale, or other appropriate documents, in form satisfactory to the City's counsel, the MSBU Facilities. The City agrees that the acceptance of the MSBU Facilities installed by the County, for service, or acceptance of the bill of sale, shall constitute assumption of responsibility by the City for the continuous operation and maintenance of such MSBU Facilities from that date forward. 5.5 Payment or transfer of the Contributions -in -Aid -of -Construction does not and will not result in the City waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatever by the County making the contribution. The City shall not be obligated for any reason at all nor shall the City pay any interest or rate of interest upon the contribution. Neither the County nor the Property Owners shall have any present or 25048/040/01411797.DOCv2 B-3 Packet Pg. 253 8.Q.3.a future right, title, claim or interest in and to the contributions or to any of the water or wastewater facilities and properties of the City, and all prohibitions applicable to the County and the Property Owners with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. No user or customer of water and/or wastewater services shall be entitled to offset any bill or bills rendered by the City for such service or services against the contributions. The County shall not be entitled to offset the contributions against any claim or claims of the City. 6. Ownership of Facilities The County agrees with the City that all MSBU Facilities conveyed to the City for use in connection with providing water services to the River Hammock MSBU, shall always remain in the complete and exclusive ownership of the City, and any entity owning any part of the River Hammock MSBU or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water services to other persons or entities located within or beyond the limits of the River Hammock MSBU. 7. Application of Rules, Regulations and Rates. Notwithstanding any provision in this Agreement and to the extent not in conflict with the Transfer Agreement, the City may establish, revise, modify and enforce rules, regulations and rates covering the provision of water and/or wastewater service to the River Hammock MSBU. If such rules are found in conflict with the Transfer Agreement, the rule(s) shall not be enforced against the County or the Property Owners to the extent of such conflict. Such rules, regulations and rates are subject to the approval of the City Council of the City. Such rules and regulations shall always be reasonable and subject to regulation as may be provided by law or under contract. Rates charged to the Property Owners shall be identical to rates charged for the same classification of service. All rules, regulations and rates in effect, or placed into effect in accordance with the preceding, shall be binding upon the County and Property Owners, upon any other entity holding by, through or under the County or the Property Owners and upon any customer of the water and/or wastewater service provided to the River Hammock MSBU by the City provided, however, that the County shall be bound only by such rules, regulations and rates which relate to the construction, installation, and conveyance of On -Site and Off -Site Facilities to the City as described herein. 8. Disclaimers, Limitations on Liability, County Obligations. 8.1 Status The parties deem each other to be independent contractors, and not agents of the other. 8.2 Force Majeure Neither the City nor the County as to the Property Owners, shall be liable or responsible to the other by reason of the failure or inability to take any action it is required to take or to comply with the requirements imposed hereby or any injury to the other or to those claiming by or through the other, which failure, inability or injury is caused directly or 25048/040/01411797.DOCv2 B-4 Packet Pg. 254 8.Q.3.a indirectly by force majeure as hereinafter set forth. The term "force majeure as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbance: acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority, epidemics, breakdowns of or damage to machinery, pumps, or pipe lines; landslides, earthquakes, hurricanes, fires, storms, floods, or washouts; arrests; title disputes; or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of either party that by exercise of due diligence the respective party is unable to overcome. 8.3. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns. No right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee thereof, except that, the Property Owners and their successors or assigns shall be considered third party beneficiaries of this Agreement. 8.4. Disclaimer of Security. Notwithstanding any other provision of this Agreement, the County expressly acknowledges (a) that it has no pledge of or liens upon any real property, any personal property, or any existing or future revenue source of the City as security for any amounts of money payable by the City under this Agreement; and (b) that its rights to any payments or credits under this agreement are subordinate to the rights of all holders of any stocks, bonds, or notes of the City, whether currently outstanding or hereafter issued. 8.5 County Obligations. The County's sole obligations under this Agreement are to (a) construct the MSBU Facilities described above and convey of these facilities to the City in accordance with the terms of this Agreement, and (b) pay all City Charges set forth Section 2. of this Agreement. Following the fulfillment of these obligations, the County shall have no further responsibilities under this Agreement. 9. Permission to Connect Required - Annexation/Surcharge. The Property Owners, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect any customer installation to the water or wastewater facilities of the City until the City has granted approval for such connection. Pursuant to the Transfer Agreement, the City has the right to condition connection approval upon, at the option of the Property Owners, either (A) the payment of a surcharge as authorized by Section 180.191, Florida Statutes, or (B) by agreement to be voluntarily annexed into the City upon the determination to do so. 25048/040/01411797.DOCv2 B-5 Packet Pg. 255 8.Q.3.a 10. Consent to River Hammock MSBU Upon Annexation. The parties acknowledge that annexation of the River Hammock MSBU into the City will result in the existence of a St. Lucie County municipal services benefit unit within the jurisdictional boundary of the City. Accordingly, the City agrees that if it intends to annex the River Hammock MSBU (or any part thereof), into the City it will include within the appropriate annexation ordinance a statement that the City consents to the existence of the River Hammock MSBU within the boundaries of the City pursuant to the provisions of Section 125.01(1)(q), Florida Statutes. 11. Covenant Not to Engage in Utility Business. To the extent not in conflict with the Transfer Agreement and provided that the City has not defaulted under the terms of this Agreement, the County, as a further consideration for this Agreement, agrees that it shall not (the words "shall not" being used in a mandatory definition) engage in the business of providing water or wastewater service to the River Hammock MSBU during the time the City, or its successors and assigns, provides water and/or wastewater service to the River Hammock MSBU, it being the intention of the parties hereto that the foregoing provision shall be a covenant running with the land. Under said provision and also under other provisions of this Agreement, the City shall have the sole and exclusive right and privilege to provide water service to the River Hammock MSBU and to the occupants of each residence, building or unit constructed thereon. 12. Reservation of Capacity. The County, on behalf of the Property Owners, has reserved 23 ERC's for water service (the "Reserved ERC's") for the 23 properties in the MSBU. Provided the County (a) complies with all the terms and conditions set forth in this Agreement, and (b) complies with all the provisions of the City's applicable Ordinances, as the same may be modified or amended, each Property Owner shall have the right to utilize one of the Reserved ERC's upon connection to the City's water systems without payment of additional charges to the City. 13. Entire Agreement: Amendments: Applicable Law. This Agreement supersedes all other previous agreements or representations in effect between the County and the City and made with respect to the matters herein contained. No addition, alteration or variation of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations, or waivers are expressed in writing and duly executed by both parties This Agreement shall be governed by the laws of the State of Florida. 14. Notices. Any notice, report, demand or other instrument authorized or required to be given or furnished hereunder shall be deemed given or furnished (i) when addressed to the party intended to receive the same, at the address of such party set forth below, on the date hand delivered at such address, or (ii) three (3) business days after the same is deposited in the United States mail as first class mail, postage paid, return receipt requested, whether or not the same is actually received by 25048/040/01411797.DOCv2 B-6 Packet Pg. 256 8.Q.3.a such parry, or (iii) on the first business day following delivery of same to an overnight courier, as evidenced by the sender's copy of the bill of lading issued by such overnight courier. Any parry may change the address to be used for notification purposes hereunder by providing written notice thereof in accordance with the terms hereto to the other parties. If to County: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to City: City Manager 121 SW Port St. Lucie Blvd Port St. Lucie, Florida 34952 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Engineer 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: City Attorney 121 SW Port St. Lucie Blvd Port St. Lucie, Florida 34952 15. Recording of Agreement. The City, at the County's expense, shall cause this Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida. 16. Effective Date. This Agreement shall be effective upon filing with the Clerk of the Circuit Court of St. Lucie County, Florida, in accordance with Section 163.01(11), Fla. Stat. 17. Venue. Venue of any action to enforce the terms of this Agreement shall be in St. Lucie County if filed in state court, and in the Southern District of Florida if filed in federal court. 18. Agreement Not Waiver. No acknowledgment, recognition, operative term, or other provision of this Agreement shall operate as a waiver by either party respecting the subject matter of such provision generally and apart from water services to the Properties, nor shall any such prevision be binding upon the parties or construed as precedential in any subsequent transaction between the parties respecting water services to other real property. 19. Binding Agreement: Assignments by the County This Agreement shall be binding upon and shall inure to the benefit of the County, the City and their respective assigns and successors by merger, consolidation or conveyance. The rights held by the County under this Agreement shall not be sold, conveyed, assigned or otherwise disposed of by the County without the written consent of the City first having been obtained. The City agrees not to unreasonably withhold such consent. 20. Survival of Covenants. The rights, privileges, obligations and covenants of the County and the City shall survive the completion of the work by the County with respect to completing the water facilities and services to any phase area and to the Property as a whole. 25048/040/01411797.DOCv2 B-7 Packet Pg. 257 8.Q.3.a 21. Severability If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced, and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 22. Financing. The County's obligations under this Agreement are subject to and conditioned upon the County successfully closing the MSBU Financing. In the event the County does not successfully close the MSBU Financing, the County may terminate this Agreement by written notice to the City. IN WITNESS WHEREOF, the parties have caused the execution of this Agreement, with the named exhibits attached, to be executed in several counterparts, each of which counterpart shall be considered an original executed copy of the Agreement. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 25048/040/01411797.DOCv2 B-8 Packet Pg. 258 8.Q.3.a ATTEST: DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY OF PORT ST. LUCIE, FLORIDA :• MAYOR 25048/040/01411797.DOCv2 B-9 Packet Pg. 259 8.Q.3.a STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2018 by , as the Chairman of the Board of County Commissioners for St. Lucie County, Florida, a political subdivision of the State of Florida who is personally known to me. Print Name: Notary Public, State of Florida Commission No: My Commission Expires: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2018, by , as the Mayor of the City of Port St. Lucie, Florida, a municipality organized under the laws of the State of Florida, who (check one) is personally known to me, produced a driver's license (issued by a state of the United States within the last five years) as identification, or produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No: My Commission Expires: 25048/040/01411797.DOCv2 B-10 Packet Pg. 260 8.Q.4 ITEM NO. (ID # 5673) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering DATE 11/27/2018 *CONSENT AGENDA\PUBLIC WORKS Russo Road at Fort Pierce Farms Water Control District Canal 7 Culvert Replacement - Acceptance of Project The project consisted of replacing the existing 47" and 60" corrugated metal pipe culverts at the Russo Road crossing of FPFWCD Canal 7 (at Russakis Road) that were damaged due to Hurricane Irma flooding. The project was designed by in-house staff. The culverts were replaced with a 58"x91" elliptical corrugated aluminum pipe culvert. On April 11, 2018, seven (7) quotes were received. This project was bid in accordance with Local Preference No. 09-005. The lowest responsive, responsible bidder was Environmental Land Development of Fort Pierce, Florida in the amount of $174,788.41. The project has been completed. Staff monitored construction of the improvements throughout the course of the project and determined that it was constructed in conformance to the plans and specifications. Approximately $5,841.00 of the $15,889.86 contingency (approximately 36.76%) was used to complete this work. 23:W19111TIT41L91i•F May 15, 2018 - Board approved to award Bid No. 18-041 to the lowest responsive and responsible bidder, Environmental Land Development, in the amount of $174,788.41, establish a project budget of $200,000.00 to Capital Improvement Program (CIP) project #154611 for Russo Road at Fort Pierce Farms Water Control District Canal 7 Culvert Replacement. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of Russo Road at Fort Pierce Farms Water Control District Canal 7 Culvert Replacement. Packet Pg. 261 8.Q.4 COMMISSION ACTION: Coordination/Signatures A\ 9-If"ta 7S - � �- L- n We t, Public Works Director 018 b—aniefS. McIntyre, Xmy ttorney 11/5/2018 rk S er ee, De6v County Ad ministrato 11/5/2018 updated: 11/5/2018 9:13 AM by Linda Buchanan Page 2 Packet Pg. 262 8.Q.4.a T'11BLIC WORKS MEMORANDUMV TO: Dan McIntyre, County Attorney FROM: Jennifer Krause, Program Coordinator DATE: 11/2/2018 SUBJECT: Russo Rd @ Canal 7 — Environmental Land Development — Releases of Lien There on no Liens filed on the above referenced project. Please approve for correctness. Thank you. Approve: Dati McIntyre County Attorr C:Finance County Engineer Assistant to County Engineer Project Manager Date:oZ- Q 5� cl i ci r1.c1-� a irec e-1 V e- aln LI �� s �roJe c-�• Sc 3 S Packet Pg. 263 8.Q.5 ITEM NO. (ID # 5674) J DATE: 11/27/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners Kimberly Graham, County Engineer SUBMITTED BY: Engineering SUBJECT: Scrivener's Error - Project Name Officially Changed to Johnston Road at Canal 15 BACKGROUND: All Information in the 2019 budget for project #194607 was entered as Johnston Road at Canal 8 in error. This agenda is to officially correct the project name to Johnston Road at Canal 15 in the amount of $250,000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance as a scrivener's error and officially change the name of project #194607 to Johnston Road at Canal 15. life] ►&I AIF-SIWLIeT41IIs] ►E Packet Pg. 264 8.Q.5 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie SWmclnty're,c� orney 11/5/2018 rk 5 er ee 1 ep C o u n t-y"Ad ministrato 11/5/2018 Updated: 11/5/2018 11:06 AM by Jennifer Hill A Page 2 Packet Pg. 265 8.Q.6 ITEM NO. (ID # 5686) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 11/27/2018 *CONSENT AGENDA\PUBLIC WORKS Lakewood Park Stormwater Design Contract Approval The Lakewood Park subdivision experienced extensive flooding during Hurricane Irma last year, as a result of an extreme amount of rainfall exceeding 21 inches in 24 hours. The subdivision has also experienced repetitive flooding over the past 10-15 years as a result of several Hurricanes and Tropical Storms. St. Lucie County is interested in helping the residents in Lakewood Park to achieve a better level of flood protection for their homes. St. Lucie County proposes to modify the storm water permits for Lakewood Park, to allow for increased discharge capability from the subdivision to the downstream canal system. The downstream canal system is capable of handling 2.6" of discharge capacity in a 24 hour period of time. This amount is more than twice the allowable discharge capacity of 1" in 24 hours, as is currently permitted. The Project will involve making capital improvements to the downstream canal culverts to handle the increased flow. Likewise, the outfall control structures must be modified or replaced with operable gates to maximize discharge capability. Based upon field observations, there may also be internal drainage system upgrades needed, between the existing detention lakes and the outfall canals. The proposed capital improvements can be designed and constructed in three (3) separate phases, to make it easier to implement the Project, both for permitting purposes, and for funding purposes. The attached conceptual plan shows the overall limits of the Project, and it identifies the three (3) phases of capital improvements: (1). Replace the outfall control structure in the Kings Highway Canal with an operable gate. (2). Replace the existing culverts in the downstream canals #3, #4 and #5. Upsize the culverts to handle the increased discharge from Lakewood Park subdivision. (3). Construct internal drainage system upgrades between the existing detention lakes and the outfall canals #3, #4 and #5. Packet Pg. 266 8.Q.6 Capital funding to construct the Project infrastructure has not been identified yet, and is not available in the Public Works Capital Budget. Design funds in the amount of $250,000 are available in the 2019 Capital Budget. The attached proposal with Dredging and Marine Consultants Engineers is for the design of several culvert replacement projects in the downstream canals #3, #4 and #5. This work includes a portion of the improvements in phase 2 of the overall Project. Phase 1 of the Project will be initiated after approval of an Interlocal Agreement with the Ft. Pierce Farms Water Control District. The attached proposal includes the engineering services required for design and permitting of the culvert replacements, topographic surveys, geotechnical services, dewatering permits and cost estimates for three (3) culvert locations. The attached proposal is in the amount of $150,000, and funds are available in the Public Works Capital Budget. PREVIOUS ACTION: November 13, 2018 - Board approval for submittal of a FEMA Hazard Mitigation Grant for Lakewood Park stormwater improvements. FINANCIAL IMPACT: Funds are available in the Public Works Capital Budget Account No.102001-3725-563000-194620, Lakewood Park Stormwater Improvements, in the amount of $250,000. RECOMMENDATION: Staff recommends Board approval of Engineering Design contract with Dredging and Marine Consultants, LLC for of work authorization #3 for the Lakewood Park stormwater improvements and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Updated: 11/20/2018 5:10 PM by Katrina Slay A Page 2 Packet Pg. 267 8.Q.6 Coordination/Signatures -VS4VWAM D444ADRM, - Susan Durden, Executive Assistant 11/13/2018 4anieA..McIntyre, C my ttorney 11/14/2018 11-101zef 7 rk 5 er ee' ep County ministrato 11/15/2018 Updated: 11/20/2018 5:10 PM by Katrina Slay A Page 3 Packet Pg. 268 UDUNC" I RMONAL MIK i u EMERSON ESIVAT" T 8 3I � � Mlw -W . [ N S allAHMk LJLKtt FORTOMID SHORES PkASE ,92 LAYLEVIOUD PARK 11CFERK L OFLUKAGE 1jFGrvApC* tp =-f ti iE w a f 1 4 tINFRO4EqElTa FA FM X-U. C, AL C1 FrP.F.W.C.M J LAKEWOOD PARK PROPOSED CAPITAL I MPROVMEHrS PLAN a Packet Pg. 269 Dredging 8 Marine Comullanh D14C ENQNEERS • SCIENTISTS Exhibit A Scope of Services Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task 1: Review of Available Information and Coordination with • Under this task, DMC will review all information received from the County and Hazen & Sawyer, P.C. regarding the previous engineering design work performed for the Lakewood Park area. All past modeling will be confirmed to ensure that the three potential culverts are sized properly. • DMC will also review any information available on the South Florida Water Management District (SFWMD) website, and will arrange a pre -application meeting with SFWMD and FPFWCD staff to discuss the overall site and previously -submitted ERP applications, to determine the best approach to permitting the proposed culvert replacements. • DMC will coordinate design work with FDOT, where necessary, to ensure that its design needs are met, including any safety design standards required, as well as that of the County. • DMC will coordinate meeting with above entities to include the County staff when possible or will communicate the minutes of the meetings with the County. • DMC will prioritize the various culverts and the water -control structure to be replaced as part of this task. Task 2: Survey and Geotechnical Services • DMC will coordinate the surveying and geotechnical services for up to three potential culvert locations to be determined with the County. Each site will be surveyed and geotechnical investigations conducted to evaluate the best options given the vegetation at the site. This initial proposal includes an estimated cost for up to three locations. o Each individual survey will include the elevations and locations of the existing project features, and associated boundary and topographic data of the project area. o The geotechnical services performed at each site will include conducting two (2) Standard Penetration Test (SPT) borings to a depth of 25 feet and two (2) auger borings to a depth of up to 7 feet, to explore the soil types and groundwater levels at locations in the vicinity of the existing culvert pipe on opposite sides of the canal and roadway. 8.Q.6.b 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 • Fax: 772-801-5561 www.dmces.com Packet Pg. 270 8.Q.6.b Exhibit A — Scope of Services Page 2 DMC Proposal No. 18-FP-59 - Lakewood Park Stormwater Improvements Project November 7, 2018 Figure 1. Anticipated culvert locations at Immokolee Road and FPFWCD Canal No. 5 ("Site 1), St. Lucie Boulevard and FPFWCD Canal No. 3 ("Site 2), and St. Lucie Boulevard and FPFWCD Canal No. 4 ("Site 3), shown on a reproduction of the Lakewood Park Discharge Canal Network figure provided by the County. Task 3: Engineering Design and Permittinq Services This task will include generating complete designs for the upgraded culvert structures at each of the potential three sites. Depending on the complexity at each of the of the sites, such as easement/right- of-way issues, need for utility relocation issues and encroachment by homeowners (structures), it is possible that only two out of the three sites may be fully designed and will be determined once the sites are selected. DMC will meet with the County when plans are at the 30% (conceptual), 60% (permitting) and 90% completion stages, and will then finalize the plans to the construction -ready (100%) completion stage based on the County's comments. o The Plans shall be prepared on 11" x 17" size format and will comply with the St. Lucie County criteria. We anticipate the 90% and 100% plans will also include the following components: ■ Recommendations for Temporary Sheet Piling Parameters. ■ Traffic Control / Maintenance of Traffic (M.O.T.) Plans ■ Guardrail Design ■ Canal Slope Armoring with Rubble Riprap ■ Vegetation removal o DMC will also prepare an engineer's opinion of probable cost with each plan submittal for the upgraded culvert structures at each site. o Final deliverables will include signed and sealed 100% plans, and digital copies of the final plans in PDF and AutoCAD formats. Dredging & Morin ConsuDanls P ES Packet Pg. 271 8.Q.6.b Exhibit A — Scope of Services Page 3 DMC Proposal No. 18-FP-59 - Lakewood Park Stormwater Improvements Project November 7, 2018 • DMC staff will submit complete environmental resource permit (ERP) applications to the Fort Pierce Farms Water Control District (FPFWCD) and the South Florida Water Management District (SFWMD), and will make any required submittals necessary to other regulatory agencies, as needed. • DMC staff will also submit a complete Dewatering Permit to the SFWMD for the proposed project improvements. • In addition, DMC will respond to any requests for additional information (RAls) until the permits are issued. • DMC will prioritize the three culvert replacements such that the design and construction of the first culvert location can be initiated in early 2019. • Note that any permit fees will be the County's responsibility and will be determined for each site. However, DMC will assist County with coordination of payment to each agency. NONIng & Marine Comullonk .ENG I KNETECIPa ke Pg. 272 8.Q.6.b Dredging A Morino Conwifanfs DXC ENGINEERS • SCIENTISTS Exhibit B Budget Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task Description Cost ( $ ) 1 Review of Available Information and Coordination with FDOT $ 23,800 2 Survey and Geotechnical Services $ 37,920 3 Engineering Design and Permitting Services $ 88,280 TOTAL BUDGET $ 150, 000 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 • Fax: 772-801-5561 www.dmces.com Packet Pg. 273 8.Q.6.b Dredging & Morin Consuftwrh D14C ENGINEERS • SCIENTISTS Exhibit C Schedule Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task Description Timeline (month) 1 2 3 4 5 1 Review of Available Information and Coordination with Agencies 2 Survey and Geotechnical Services 3 Engineering Design and Permitting Services *One Culvert will be designed to initiate construction in early 2019 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 • Fax: 772-801-5561 www.dmces.com Packet Pg. 274 8.Q.6.b ATTACHMENTS w 00 w co r ti O a DredGRV 6 Morfne CoruuNants Packet Pg. 275 ENGINEER 8.Q.6.b Dredging & Marine Consultants ftft- DXC ENGINEERS • SCIENTISTS Fee Estimate Breakdown Client: St. Lucie County Date: 5-Nov-18 Project Name: Lakewood Park Stormwater - Phase I DMC Project Manager: Will B. Cornelius 11, P.E. Task Descriptions: Task 1: Review of Available Information and Coordination with FDOT Task 2: Survey and Geotechnical Services Task 3: Engineering Design and Permitting Services Hourly Rates used in table below are from St. Lucie County Contract No. C14-11-662 Table A: DMC Labor Hourly Rate Task 1 Task 2 Task 3 Total Hours Cost Hours Principal $ 145.00 16 0 64 80 $ 11,600.00 Senior Civil Engineer $ 130.00 24 0 104 128 $ 16,640.00 Geotechnical Engineer $ 120.00 56 0 156 212 $ 25,440.00 Engineering Professional $ 85.00 56 0 204 260 $ 22,100.00 Environmental Staff $ 60.00 32 0 148 180 $ 10,800.00 CADD Technician $ 75.00 64 0 204 268 $ 20,100.00 Admin $ 50.00 48 0 60 108 $ 5,400.00 Total DMC Hours 296 0 940 1236 Total DMC Labor Cost $ 26,040.00 $ $ 86,040.00 $ 112,080.00 Table B: Total Fee Estimate DMC Labor Total (Table A) $ 112,080.00 Geotechnical Subconsultant Fees - Task 2 $ 3,540.00 Immokolee Road at FPFWCD Canal No. 5 ] Geotechnical Subconsultant Fees - Task 2 $ 3,540.00 [ St. Lucie Boulevard at FPFWCD Canal No. 3 ] Geotechnical Subconsultant Fees - Task 2 $ 3,540.00 location TBD ] Survey Subconsultant Fees - Task 2 $ 9,100.00 [ Immokolee Road at FPFWCD Canal No. 51 Survey Subconsultant Fees - Task 2 $ 9,100.00 St. Lucie Boulevard at FPFWCD Canal No. 3 ] Survey Subconsultant Fees - Task 2 $ 9,100.00 [ location TBD ] 0 Grand Total Fee Estimate $ 150,000.00 Packet Pg. 276 8.Q.6.b Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Dredging & Marine Consultants, LLC (DMC) 200 South Indian River Drive, Suite 305 Fort Pierce, Florida 34950 Attention: Mr. Will B. Cornelius II, P.E. Subject: Proposal for Subsurface Soil Exploration Proposed Culvert Replacement Immokolee Road at FPFWCD Canal No. 5 St. Lucie County, Florida Mr. Cornelius: October 18, 2018 Proposal File No. 18-4532 As requested, we are pleased to present the following proposal for conducting a subsurface soil exploration and geotechnical engineering evaluation for the subject project. The purposes of our field testing program are to explore near -surface soils in the vicinity of the existing culvert and to provide recommendations to guide site preparation and construction. We have assumed that the existing grade will remain essentially the same and that no additional loads are planned for the replacement culvert. Additionally, we have assumed that the replacement culvert will consist of a reinforced concrete pipe with endwalls and wingwalls on both sides of the canal crossing, similar to the current configuration. The following summarizes our proposed scope of work and associated fees for conducting the subject exploration. FIELD EXPLORATION Our field program will include conducting two Standard Penetration Test (SPT) borings to a depth of approximately 25 feet at accessible locations in the vicinity of the existing culvert pipe and on opposite sides of the canal. The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT boring will be sampled at 18-inch or 24-inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. In addition, two auger borings will be conducted by hand over top of the existing culvert pipe and on the shoulders of Immokalee Road to explore the in -place subgrade/backfill materials. The auger borings will be conducted using a hand-held bucket auger and advanced to a depth of up to 7 feet below existing grade. Each sample will be removed from the sampler or auger in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. In addition, we will collect samples of soil and surface water for corrosivity testing. 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878-0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport Packet Pg. 277 8.Q.6.b Culvert Replacement — Immokolee Road at FPFWCD Canal No. 5 -2 Ardaman Proposal No. 18-4532 LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). Corrosivity series testing (pH, chloride, sulfate and resistivity) will be performed on one soil sample and one surface water sample collected from the site. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop general engineering recommendations to guide site preparation and culvert and endwall support. For our analysis, we will require specific dimensions and loading conditions for the culvert and end walls. Our recommendations as discussed above, together with all data developed during the exploration, will be submitted in a written report upon conclusion of the study. We will also include the FDOT environmental classification (i.e. slightly, moderately or extremely aggressive) for metal and concrete structures based on the results of the corrosivity series testing. COST ESTIMATE Based on our knowledge of the project to -date, the costs associated with the aforementioned tasks are presented below. The actual cost of our services will be a function of the quantities of work performed in accordance with the unit rates shown below. 1. Boring Layout and Utility Ticket Coordination: Senior Engineering Technician; 3 hours @ $55.00/hour.......................................... $165.00 2. Mobilization/Demobilization of Drilling Equipment: 1 Mobilization @ $350.00/Mob................................................................................ $350.00 3. Standard Penetration Test Boring: 50 feet of borehole @ $15.50/foot ........................$775.00 4. Auger Borings: 14 feet of borehole @ $10.00/foot......................................................$140.00 5. Laboratory Testing: Percent Fines Content Tests; 6 tests @ $50.00/test................................................ $300.00 Natural Moisture Content Tests; 6 tests @ $15.00/test..............................................$90.00 Corrosivity Tests; 2 tests @ $170.00/test................................................................ $340.00 6. Professional Services Senior Project Engineer; 1 hour @ $125.00/hour....................................................$125.00 Project Engineer; 8 hours @ $110.00/hour..............................................................$880.00 Senior Engineering Technician; 3 hours @ $55.00/hour..........................................$165.00 Draftsman; 2 hours @ $55.00/hour.........................................................................$110.00 Administrative/Clerical Services; 2 hours @ $50.00/hour........................................ $100.00 Total Estimated Cost............................................................................................. $3,540.00 Packet Pg. 278 8.Q.6.b Culvert Replacement — Immokolee Road at FPFWCD Canal No. 5 - 3 - Ardaman Proposal No. 18-4532 TERMS AND CONDITIONS This proposal is subject to the following terms and conditions: (1) access to boring locations is to be readily available to our truck -mounted drilling equipment without the need for Maintenance - of -Traffic (MOT), (2) the proposed number of borings and the boring depths will be adequate, (3) undisturbed samples and consolidation tests on fine grained soils are not budgeted into the total cost, and (4) Ardaman & Associates cannot take responsibility for damages to sod, sprinkler systems or underground structures and/or services; their locations are to be provided by the client prior to commencement of the field work. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If this proposal meets with your approval, please complete and return a copy of the attached Proposal/Project Acceptance and Agreement form as our written notice to proceed. Please call if you have any questions or require additional information. ARDAMAN & ASSOCIATES, INC. Sharmila Pant Assistant Project Engineer r � J. Zrallack, P.E. Branch Manager Packet Pg. 279 8.Q.6.b Ardaman & Associates, Inc. PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT PROJECT INFORMATION: Project Name Culvert Replacement — FPFWCD Canal No. 5 Project Location Immokolee Road, St. Lucie County, Florida Proposal Number and Date 18-4532 dated October 18, 2018 Description of Services Subsurface Soil Exploration Estimated Fee $3.540.00 PROPERTY OWNER IDENTIFICATION: Name Property Identification Number Address City/State Zip Code Attention Title SPECIAL INSTRUCTIONS: PAYMENT TERMS: Phone Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client. Failure to timely pay any invoice shall constitute a waiver of any and all claims arising from or related to Ardaman & Associates, Inc.'s services, including but not limited to the services described in this Proposal. PROPOSAL ACCEPTANCE: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions appearing on the following page of this Proposal, are incorporated herein by reference. In the event this Proposal Acceptance was received by facsimile, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions have been made available and are incorporated in this agreement. Accepted this day of (Print or type individual, firm or corporate body name) (Signature of authorized representative) (Print or type name of authorized representative and title) Revision 2017 — FL Packet Pg. 280 8.Q.6.b GENERAL CONDITIONS — FLORIDA Parties And Scope Of Work — Ardaman & Associates, Inc. (hereinafter referred to as "A&A") shall include said company, its division, subsidiary, parent or affiliate performing the Work. "Work" means the specific services to be performed by A&A as set forth in A&A's proposal as well as any additional services requested or accepted by Client. "Client" refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third party, the Client represents and warrants that the Client is the duly authorized agent of said third party for the purpose of ordering and directing said Work. In the event Client is not the authorized agent of said third party, Client shall be individually liable hereunder. Further, Client shall disclose any such agency relationship to A&A in writing before the commencement of A&A's Work hereunder. Client agrees that A&A's professional duties are specifically limited to the Work asset forth in A&A's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. A&A's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall A&A have any duty or obligation to any third party. Directing A&A to proceed with the Work shall constitute acceptance of the terms of A&A's proposal and these General Conditions. On -Call Services — In the event A&A is retained to perform construction materials testing ("CMT"), including but not limited to proctor and soil density tests, concrete tests, etc., on an On -Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibility for determining the location and frequency of sampling and testing. hi such On -Call testing, A&A's test results are only representative of conditions at the test location and elevation, and different conditions may exist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling and testing, under no circumstances will A&A assume that duty by performing its CMT services. Right -of -Entry — Unless otherwise agreed, Client will furnish right -of -entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. Damage to Existing Man-made Objects — It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. Client waives any claim against A&A arising from any damage to existing man-made objects. In addition, Client shall defend, indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects. Limitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligation and A&A is promptly notified in writing prior to one year after completion of such portion of the services, A&A will re -perform such portion of the services, or if re -performance is impracticable, A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for any special, indirect, incidental, or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from any and all services provided by A&A, including but not limited to the Work, shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of A&A's liability by agreeing to pay A&A an additional sum as agreed in writing prior to the commencement of A&A's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. A&A's individual professionals, employees, and agents are third party beneficiaries to these General Conditions, PURSUANT TO §558.0035, FLORIDA STATUTES, CONSULTANT'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Sampling or Testing Location — Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. Sample Handling and Retention — Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request, A&A will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), A&A will, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said waste. Discovery of Unanticipated Hazardous Materials — Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to take immediate measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages A&A to take any and all measures that, in A&A's professional opinion, are justified to preserve and protect the health and safety of A&A's personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against A&A arising from A&A's discovery of unanticipated hazardous materials or suspected hazardous materials. Indemnification — Client agrees to defend, indemnify and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from the actions or inactions of Client, Client's contractors, representatives, agents and employees. Legal Jurisdiction — The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. All causes of action, including but not limited to actions for indemnification and contribution, arising out of A&A's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than the date of issuance of A&A's final invoice for the Work. Each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement. Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carrier, clients or other similar causes beyond its control. Drafting and Severability — This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party. In the event that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforceable. C .y O L d 3 E O Cn Y L O d O O 3 m Y O J co 00 co Ln Go O to O a 0 1L C 2M .N d C L d r� O 3 E O M IL O O N Y M J 1L J co U 00 r+ C O E t v M Q 8/17 Packet Pg. 281 8.Q.6.b Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Dredging & Marine Consultants, LLC (DMC) 200 South Indian River Drive, Suite 305 Fort Pierce, Florida 34950 Attention: Mr. Will B. Cornelius II, P.E. Subject: Proposal for Subsurface Soil Exploration Proposed Culvert Replacement St. Lucie Boulevard at FPFWCD Canal No. 3 St. Lucie County, Florida Mr. Cornelius: October 18, 2018 Proposal File No. 18-4533 As requested, we are pleased to present the following proposal for conducting a subsurface soil exploration and geotechnical engineering evaluation for the subject project. The purposes of our field testing program are to explore near -surface soils in the vicinity of the existing culvert and to provide recommendations to guide site preparation and construction. We have assumed that the existing grade will remain essentially the same and that no additional loads are planned for the replacement culvert. Additionally, we have assumed that the replacement culvert will consist of a reinforced concrete pipe with endwalls and wingwalls on both sides of the canal crossing, similar to the current configuration. The following summarizes our proposed scope of work and associated fees for conducting the subject exploration. FIELD EXPLORATION Our field program will include conducting two Standard Penetration Test (SPT) borings to a depth of approximately 25 feet at accessible locations in the vicinity of the existing culvert pipe and on opposite sides of the canal. The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT boring will be sampled at 18-inch or 24-inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. In addition, two auger borings will be conducted by hand over top of the existing culvert pipe and on the shoulders of Immokalee Road to explore the in -place subgrade/backfill materials. The auger borings will be conducted using a hand-held bucket auger and advanced to a depth of up to 7 feet below existing grade. Each sample will be removed from the sampler or auger in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. In addition, we will collect samples of soil and surface water for corrosivity testing. 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878-0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport Packet Pg. 282 8.Q.6.b Culvert Replacement — St. Lucie Blvd. at FPFWCD Canal No. 3 -2 Ardaman Proposal No. 18-4533 LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). Corrosivity series testing (pH, chloride, sulfate and resistivity) will be performed on one soil sample and one surface water sample collected from the site. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop general engineering recommendations to guide site preparation and culvert and endwall support. For our analysis, we will require specific dimensions and loading conditions for the culvert and end walls. Our recommendations as discussed above, together with all data developed during the exploration, will be submitted in a written report upon conclusion of the study. We will also include the FDOT environmental classification (i.e. slightly, moderately or extremely aggressive) for metal and concrete structures based on the results of the corrosivity series testing. COST ESTIMATE Based on our knowledge of the project to -date, the costs associated with the aforementioned tasks are presented below. The actual cost of our services will be a function of the quantities of work performed in accordance with the unit rates shown below. 1. Boring Layout and Utility Ticket Coordination: Senior Engineering Technician; 3 hours @ $55.00/hour.......................................... $165.00 2. Mobilization/Demobilization of Drilling Equipment: 1 Mobilization @ $350.00/Mob................................................................................ $350.00 3. Standard Penetration Test Boring: 50 feet of borehole @ $15.50/foot ........................$775.00 4. Auger Borings: 14 feet of borehole @ $10.00/foot......................................................$140.00 5. Laboratory Testing: Percent Fines Content Tests; 6 tests @ $50.00/test................................................ $300.00 Natural Moisture Content Tests; 6 tests @ $15.00/test..............................................$90.00 Corrosivity Tests; 2 tests @ $170.00/test................................................................ $340.00 6. Professional Services Senior Project Engineer; 1 hour @ $125.00/hour....................................................$125.00 Project Engineer; 8 hours @ $110.00/hour..............................................................$880.00 Senior Engineering Technician; 3 hours @ $55.00/hour..........................................$165.00 Draftsman; 2 hours @ $55.00/hour.........................................................................$110.00 Administrative/Clerical Services; 2 hours @ $50.00/hour........................................ $100.00 Total Estimated Cost............................................................................................. $3,540.00 Packet Pg. 283 8.Q.6.b Culvert Replacement — St. Lucie Blvd. at FPFWCD Canal No. 3 - 3 - Ardaman Proposal No. 18-4533 TERMS AND CONDITIONS This proposal is subject to the following terms and conditions: (1) access to boring locations is to be readily available to our truck -mounted drilling equipment without the need for Maintenance - of -Traffic (MOT), (2) the proposed number of borings and the boring depths will be adequate, (3) undisturbed samples and consolidation tests on fine grained soils are not budgeted into the total cost, and (4) Ardaman & Associates cannot take responsibility for damages to sod, sprinkler systems or underground structures and/or services; their locations are to be provided by the client prior to commencement of the field work. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If this proposal meets with your approval, please complete and return a copy of the attached Proposal/Project Acceptance and Agreement form as our written notice to proceed. Please call if you have any questions or require additional information. ARDAMAN & ASSOCIATES, INC. Sharmila Pant Assistant Project Engineer r � J. Zrallack, P.E. Branch Manager Packet Pg. 284 8.Q.6.b Ardaman & Associates, Inc. PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT PROJECT INFORMATION: Project Name Culvert Replacement — FPFWCD Canal No. 3 Project Location St. Lucie Boulevard, St. Lucie County, Florida Proposal Number and Date 18-4533 dated October 18, 2018 Description of Services Subsurface Soil Exploration Estimated Fee $3.540.00 PROPERTY OWNER IDENTIFICATION: Name Property Identification Number Address City/State Zip Code Attention Title SPECIAL INSTRUCTIONS: PAYMENT TERMS: Phone Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client. Failure to timely pay any invoice shall constitute a waiver of any and all claims arising from or related to Ardaman & Associates, Inc.'s services, including but not limited to the services described in this Proposal. PROPOSAL ACCEPTANCE: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions appearing on the following page of this Proposal, are incorporated herein by reference. In the event this Proposal Acceptance was received by facsimile, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions have been made available and are incorporated in this agreement. Accepted this day of (Print or type individual, firm or corporate body name) (Signature of authorized representative) (Print or type name of authorized representative and title) Revision 2017 — FL Packet Pg. 285 8.Q.6.b GENERAL CONDITIONS — FLORIDA Parties And Scope Of Work — Ardaman & Associates, Inc. (hereinafter referred to as "A&A") shall include said company, its division, subsidiary, parent or affiliate performing the Work. "Work" means the specific services to be performed by A&A as set forth in A&A's proposal as well as any additional services requested or accepted by Client. "Client" refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third party, the Client represents and warrants that the Client is the duly authorized agent of said third party for the purpose of ordering and directing said Work. In the event Client is not the authorized agent of said third party, Client shall be individually liable hereunder. Further, Client shall disclose any such agency relationship to A&A in writing before the commencement of A&A's Work hereunder. Client agrees that A&A's professional duties are specifically limited to the Work asset forth in A&A's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. A&A's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall A&A have any duty or obligation to any third party. Directing A&A to proceed with the Work shall constitute acceptance of the terms of A&A's proposal and these General Conditions. On -Call Services — In the event A&A is retained to perform construction materials testing ("CMT"), including but not limited to proctor and soil density tests, concrete tests, etc., on an On -Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibility for determining the location and frequency of sampling and testing. hi such On -Call testing, A&A's test results are only representative of conditions at the test location and elevation, and different conditions may exist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling and testing, under no circumstances will A&A assume that duty by performing its CMT services. Right -of -Entry — Unless otherwise agreed, Client will furnish right -of -entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. Damage to Existing Man-made Objects — It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. Client waives any claim against A&A arising from any damage to existing man-made objects. In addition, Client shall defend, indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects. Limitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligation and A&A is promptly notified in writing prior to one year after completion of such portion of the services, A&A will re -perform such portion of the services, or if re -performance is impracticable, A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for any special, indirect, incidental, or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from any and all services provided by A&A, including but not limited to the Work, shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of A&A's liability by agreeing to pay A&A an additional sum as agreed in writing prior to the commencement of A&A's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. A&A's individual professionals, employees, and agents are third party beneficiaries to these General Conditions, PURSUANT TO §558.0035, FLORIDA STATUTES, CONSULTANT'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Sampling or Testing Location — Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. Sample Handling and Retention — Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request, A&A will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), A&A will, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said waste. Discovery of Unanticipated Hazardous Materials — Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to take immediate measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages A&A to take any and all measures that, in A&A's professional opinion, are justified to preserve and protect the health and safety of A&A's personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against A&A arising from A&A's discovery of unanticipated hazardous materials or suspected hazardous materials. Indemnification — Client agrees to defend, indemnify and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from the actions or inactions of Client, Client's contractors, representatives, agents and employees. Legal Jurisdiction — The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. All causes of action, including but not limited to actions for indemnification and contribution, arising out of A&A's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than the date of issuance of A&A's final invoice for the Work. Each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement. Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carrier, clients or other similar causes beyond its control. Drafting and Severability — This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party. In the event that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforceable. C .y O L d 3 E O Cn Y L O d O O 3 m Y O J co 00 co Ln Go O to O a 0 1L C 2M .N d C L d r� O 3 E O M IL O O N Y M J 1L J co U 00 r+ C O E t v M Q 8/17 Packet Pg. 286 8.Q.6.b Post Office Box 1469 ♦ Palm City, FL 34991 Telephone: 772-286-8083 ♦ 800-386-1066 www.gcyinc.com PROFESSIONAL SURVEYORS & MAPPERS INCO RPO RATED AGREEMENT FOR SERVICES AGREEMENT: This agreement is hereby made and entered into, this 29' day of October 2018, by and between GCY Inc., Professional Surveyors and Mappers and: Will B. Cornelius II, P.E. Dredging and Marine Consultants 200South Indian River Drive, Suite 305 Ft Pierce, F134950 PH: 772-801-5561 hereinafter referred to as the CLIENT. SERVICES: GCY Inc. agrees to provide the following professional services, outlined below, as requested by the Client. Topographic Survey of the intersection of Immokolee Road and Seminole Road and Fort Pierce Farms Water Control District Canal #5. Right of Way lines and visible aboveground improvements will be shown. Vertical Datum will be NAVD 1988. FEE: Our fee for the services outlined above shall be: E LUMP SUM: In the amount of $ 9100.00 ❑ HOURLY: Actual hours expended times our standard hourly billing rates in effect at the time the services are provided. ❑ NOT -TO -EXCEED: Actual hours expended times our standard hourly billing rates in effect at the time the services are provided, but not -to -exceed $ Fees reflected herein are valid for 90 Days from the date of this agreement. EXPENSES: Direct expenses, i.e., blueprinting, overnight mail, mileage, fuel surcharge, etc., will be invoiced at actual cost times a multiplier of 1.15 in addition to the fees outlined above. PAYMENT: All invoices are due upon receipt. Outstanding balances that are unpaid after 30 days will accrue interest at the maximum annual percentage rate allowable by law. In the event GCY, finds it necessary to pursue collection of outstanding invoices, the Client agrees to pay all costs incurred, including court costs and reasonable attorney's fees. Venue shall be Martin County, Florida. NOTICE TO PROCEED: Work will not commence until we are in receint of an executed agreement for services. Peter Andersen, PSM Vice President Q:\AGREEMENTS & PROPOSALS 2018\PA 2018\DMC- Immokalee Rd and Canal 5\DMC- Immokolee and Seminole Agreement.doc Packet Pg. 287 8.Q.6.b ri t i 11 'IV, - ' 1 PROFESSIONAL SURVEYORS & MAPPERS INCORPORATED GCY,Inc. UNIT RATE SCHEDULE August 20, 2018 EMPLOYEE CLASSIFICATION CURRENT HOURLY RATE Senior Principle Surveyor $175.00 Principal Surveyor $150.00 Principal Expert Witness Testimony $300.00 Professional Surveyor and Mapper $100.00 Surveyor In Training $ 75.00 CAD Technician $ 75.00 3 Man Crew $175.00 2 Man Crew $145.00 Support Staff $ 40.00 Reimbursable Expenses: Blueprinting (Per Sheet) ................. $ 1.15 Other direct costs (outside services, special equipment, etc.,) will be invoiced on the basis of actual cost times a multiplier of 1.15. Special Equipment: (Per Unit, Per Day) Woods Buggy $ 200.00 Airboat $ 300.00 Survey Boat $ 200.00 Hydrographic Boat w/Equipment $ 800.00 Q:\AGREEMENTS & PROPOSALS 2018\PA 2018\DMC- Immokalee Rd and Canal 5\DMC- Immokolee and Seminole Agreement.doc N N 0 L as r 3 E L 0 L a. 0 0 3 as Y J cfl 00 W Packet Pg. 288 8.Q.6.b Post Office Box 1469 ♦ Palm City, FL 34991 Telephone: 772-286-8083 ♦ 800-386-1066 www.gcyinc.com PROFESSIONAL SURVEYORS & MAPPERS INCO RPO RATED AGREEMENT FOR SERVICES AGREEMENT: This agreement is hereby made and entered into, this 29' day of October 2018, by and between GCY Inc., Professional Surveyors and Mappers and: Will B. Cornelius II, P.E. Dredging and Marine Consultants 200South Indian River Drive, Suite 305 Ft Pierce, F134950 PH: 772-801-5561 hereinafter referred to as the CLIENT. SERVICES: GCY Inc. agrees to provide the following professional services, outlined below, as requested by the Client. Topographic Survey of the intersection of St Lucie Boulevard (Airport Rd) and Taylor Dairy Road and Fort Pierce Farms Water Control District Canal #3. Right of Way lines and visible aboveground improvements will be shown. Vertical Datum will be NAVD 1988. FEE: Our fee for the services outlined above shall be: E LUMP SUM: In the amount of $ 9100.00 ❑ HOURLY: Actual hours expended times our standard hourly billing rates in effect at the time the services are provided. ❑ NOT -TO -EXCEED: Actual hours expended times our standard hourly billing rates in effect at the time the services are provided, but not -to -exceed $ Fees reflected herein are valid for 90 Days from the date of this agreement. EXPENSES: Direct expenses, i.e., blueprinting, overnight mail, mileage, fuel surcharge, etc., will be invoiced at actual cost times a multiplier of 1.15 in addition to the fees outlined above. PAYMENT: All invoices are due upon receipt. Outstanding balances that are unpaid after 30 days will accrue interest at the maximum annual percentage rate allowable by law. In the event GCY, finds it necessary to pursue collection of outstanding invoices, the Client agrees to pay all costs incurred, including court costs and reasonable attorney's fees. Venue shall be Martin County, Florida. NOTICE TO PROCEED: Work will not commence until we are in receint of an executed agreement for services. Peter Andersen, PSM Vice President Q:\AGREEMENTS & PROPOSALS 2018\PA 2018\DMC-St Lucie Blvd and Canal 3\DMC- St Lucie and Taylor Dairy Agreement.doc Packet Pg. 289 8.Q.6.b ri t i 11 'IV, - ' 1 PROFESSIONAL SURVEYORS & MAPPERS INCORPORATED GCY,Inc. UNIT RATE SCHEDULE August 20, 2018 EMPLOYEE CLASSIFICATION CURRENT HOURLY RATE Senior Principle Surveyor $175.00 Principal Surveyor $150.00 Principal Expert Witness Testimony $300.00 Professional Surveyor and Mapper $100.00 Surveyor In Training $ 75.00 CAD Technician $ 75.00 3 Man Crew $175.00 2 Man Crew $145.00 Support Staff $ 40.00 Reimbursable Expenses: Blueprinting (Per Sheet) ................. $ 1.15 Other direct costs (outside services, special equipment, etc.,) will be invoiced on the basis of actual cost times a multiplier of 1.15. Special Equipment: (Per Unit, Per Day) Woods Buggy $ 200.00 Airboat $ 300.00 Survey Boat $ 200.00 Hydrographic Boat w/Equipment $ 800.00 Q:\AGREEMENTS & PROPOSALS 2018\PA 2018\DMC-St Lucie Blvd and Canal 3\DMC- St Lucie and Taylor Dairy Agreement.doc N N 0 L as r 3 E L 0 L a. 0 0 3 as Y J cfl 00 W Packet Pg. 290 8.Q.6.c WORK AUTHORIZATION NO. 03 CONTRACT C14-11-662 THIS WORK AUTHORIZATION 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 DREDGING & MARINE CONSULTANTS, LLC, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on November 18, 2014, the County entered into a Consulting Agreement (Contract No. C14- 11-662) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, the Legislature of the State of Florida amended Section 287.135 Florida Statutes to provide that any contract by a local governmental entity for goods or services of any amount entered into or renewed after July 1, 2018 must contain a provision that allows for the termination of such contract at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Lakewood Park Stormwater Improvements Project (hereinafter referred to as "the Project".) SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C14-11-662). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of $150,000.00 (one hundred fifty thousand and 00/100 dollars), as further detailed in Exhibit "B". No Page 1 of 3 Packet Pg. 291 8.Q.6.c reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associates with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further within 150 (one hundred fifty) calendar days thereafter as described in Exhibit "C". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $100.00 (one hundred and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. 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. f. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not Page 2 of 3 Packet Pg. 292 8.Q.6.c engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective 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 DREDGING & MARINE CONSULTANTS, LLC BY: (2) PRINT NAME: Page 3 of 3 Packet Pg. 293 8.Q.6.c Dmdging A Manna Consultanh DXC ENGINEERS + SCIENTISTS Exhibit A Scope of Services Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task 1: Review of Available Information and Coordination with Agencies • Under this task, DMC will review all information received from the County and Hazen & Sawyer, P.C. regarding the previous engineering design work performed for the Lakewood Park area. All past modeling will be confirmed to ensure that the three potential culverts are sized properly. • DMC will also review any information available on the South Florida Water Management District (SFWMD) website, and will arrange a pre -application meeting with SFWMD and FPFWCD staff to discuss the overall site and previously -submitted ERP applications, to determine the best approach to permitting the proposed culvert replacements. • DMC will coordinate design work with FDOT, where necessary, to ensure that its design needs are met, including any safety design standards required, as well as that of the County. • DMC will coordinate meeting with above entities to include the County staff when possible or will communicate the minutes of the meetings with the County. • DMC will prioritize the various culverts and the water -control structure to be replaced as part of this task. Task 2: Survey and Geotechnical Services • DMC will coordinate the surveying and geotechnical services for up to three potential culvert locations to be determined with the County. Each site will be surveyed and geotechnical investigations conducted to evaluate the best options given the vegetation at the site. This initial proposal includes an estimated cost for up to three locations. o Each individual survey will include the elevations and locations of the existing project features, and associated boundary and topographic data of the project area. o The geotechnical services performed at each site will include conducting two (2) Standard Penetration Test (SPT) borings to a depth of 25 feet and two (2) auger borings to a depth of up to 7 feet, to explore the soil types and groundwater levels at locations in the vicinity of the existing culvert pipe on opposite sides of the canal and roadway. 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 • Fax: 772-801-5561 www.dmces.com Packet Pg. 294 8.Q.6.c Exhibit A — Scope of Services Page 2 DMC Proposal No. 18-FP-59 - Lakewood Park Stormwater Improvements Project November 7, 2018 Figure 1. Anticipated culvert locations at Immokolee Road and FPFWCD Canal No. 5 (`Site 1'), St. Lucie Boulevard and FPFWCD Canal No. 3 (`Site 2'), and St. Lucie Boulevard and FPFWCD Canal No. 4 (`Site 3'), shown on a reproduction of the Lakewood Park Discharge Canal Network figure provided by the County. Task 3: Engineering Design and Permitting Services This task will include generating complete designs for the upgraded culvert structures at each of the potential three sites. Depending on the complexity at each of the of the sites, such as easement/right- of-way issues, need for utility relocation issues and encroachment by homeowners (structures), it is possible that only two out of the three sites may be fully designed and will be determined once the sites are selected. DMC will meet with the County when plans are at the 30% (conceptual), 60% (permitting) and 90% completion stages, and will then finalize the plans to the construction -ready (100%) completion stage based on the County's comments. o The Plans shall be prepared on 11" x 17" size format and will comply with the St. Lucie County criteria. We anticipate the 90% and 100% plans will also include the following components: ■ Recommendations for Temporary Sheet Piling Parameters. ■ Traffic Control / Maintenance of Traffic (M.O.T.) Plans ■ Guardrail Design ■ Canal Slope Armoring with Rubble Riprap ■ Vegetation removal o DMC will also prepare an engineer's opinion of probable cost with each plan submittal for the upgraded culvert structures at each site. o Final deliverables will include signed and sealed 100% plans, and digital copies of the final plans in PDF and AutoCAD formats. Dredging A Madne Consuftnts DXC ENGINEERS • SCIENTISTS Packet Pg. 295 8.Q.6.c Exhibit A — Scope of Services Page 3 DMC Proposal No. 18-FP-59 - Lakewood Park Stormwater Improvements Project November 7, 2018 • DMC staff will submit complete environmental resource permit (ERP) applications to the Fort Pierce Farms Water Control District (FPFWCD) and the South Florida Water Management District (SFWMD), and will make any required submittals necessary to other regulatory agencies, as needed. • DMC staff will also submit a complete Dewatering Permit to the SFWMD for the proposed project improvements. • In addition, DMC will respond to any requests for additional information (RAls) until the permits are issued. • DMC will prioritize the three culvert replacements such that the design and construction of the first culvert location can be initiated in early 2019. • Note that any permit fees will be the County's responsibility and will be determined for each site. However, DMC will assist County with coordination of payment to each agency. Dredging & Marine ConsuRants DP[C ENGINEERS • SCIENTISTS Packet Pg. 296 8.Q.6.c Dredging & Marine Consuftonh D14C ENGINEERS • SCIENTISTS Exhibit B Budget Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task Description Cost ( $ ) 1 Review of Available Information and Coordination with FDOT $ 23,800 2 Survey and Geotechnical Services $ 37,920 3 Engineering Design and Permitting Services $ 88,280 TOTAL BUDGET $ 150, 000 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 • Fax: 772-801-5561 www.dmces.com Packet Pg. 297 8.Q.6.c Dredging k Morin Consultonts D14C ENGINEERS • SCIENTISTS Exhibit C Schedule Project: Lakewood Park Stormwater Improvements Project Client: St. Lucie County County Project Manager: Mr. Don West, P.E. DMC Project Manager: Mr. Will Cornelius, P.E. DMC Proposal No.: 18-FP-59 Date: November 7, 2018 Task Description Timeline (month) 1 2 3 4 5 1 Review of Available Information and Coordination with Agencies 2 Survey and Geotechnical Services " 3 Engineering Design and Permitting Services " *One Culvert will be designed to initiate construction in early 2019 200 South Indian River Drive, Suite 305 • Fort Pierce, Florida 34950 • Phone: 772-801-5561 e Fax: 772-801-5561 www.dmces.com Packet Pg. 298 8.V.1 ITEM NO. (ID # 5676) COUNTY �. F L Q R I D A - DATE: 11/27/2018 AGENDA REQUEST *CONSENT AGENDA\UTILITIES TO: Board of County Commissioners PRESENTED BY: Ron Roberts, Director of Public Utilities SUBMITTED BY: Water & Wastewater SUBJECT: Holiday Pines Wastewater Treatment Facility Expansion BACKGROUND: Masteller & Moler, Inc. has submitted a proposal for Work Authorization #8 to provide professional engineering services for the design, construction plans, permitting and bid documents for the Holiday Pines Wastewater Treatment Facility expansion from 0.30 MGD to 0.60 MGD. This will allow expanded wastewater services to the North County area. This project is part of the update of the Utilities Master Plan for the North County area. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available in 471-3600-56300-300-193601 RECOMMENDATION: Staff recommends Board approval and authorization for the Chair to execute Masteller & Moler, Inc. Work Authorization #8 for professional engineering services as outlined in the attached scope needed for the design, planning, permitting and bid documents for the Holiday Pines Wastewater Facility Expansion in the amount of $101,525.00. COMMISSION ACTION: Packet Pg. 299 8.V.1 Coordination/Signatures Ron Roberts ^ir-�ctoL_gQDA c Utilities 11/8/2018 anie SWMcinty're,,t,orney 11/9/2018 Updated: 11/19/2018 9:26 AM by Katrina Slay Page 2 Packet Pg. 300 8.V.1.a WORK AUTHORIZATION NO. 08 CONTRACT C17-10-787 THIS WORK AUTHORIZATION 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 MASTELLER & MOILER, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on October 17, 2017, the County entered into a Professional Engineering Services Agreement (Contract No. C17-10-787) hereinafter referred to as "Contract" with the Consultant to provide continuing professional Utilities Engineering Services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, the Legislature of the State of Florida amended Section 287.135 Florida Statutes to provide that any contract by a local governmental entity for goods or services of any amount entered into or renewed after July 1, 2018 must contain a provision that allows for the termination of such contract at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Professional Engineering Services to Complete the Project Scope Related to Preparation of Engineering Design, Construction Plans/Specifications, Permitting, and Bid Documents for the North County WWTF (a/k/a Holiday Pines WWTF) Expansion from 0.30 MGD to 0.60 MGD (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion ofthe Project, to provide, professional utility engineering services underthe pricing, terms and conditions of the continuing contract (C17-10-787). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according 1 Packet Pg. 301 8.V.1.a to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. 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). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the approved hourly rates and will not exceed a total amount of $101,525.00 (one hundred one thousand five hundred twenty-five and 00/100 dollars), as further detailed in Exhibit "A" estimated fee breakdown. No reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associates with this work authorization will be paid as a direct pass through without any additional mark- up or administrative fee. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within 180 (one hundred eighty) calendar days thereafter. 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 $50.00 (fifty 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 b the Count Administrator or designee, or the Contract may be cancelled b the 00 pp Y Y g Y Y � County Administrator with the County invoking all rights and remedies thereof. °' E 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 Q 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. Packet Pg. 302 8.V.1.a SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate this Work Authorization or the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MASTELLER & MOLER, INC. Wl PRINT NAME: Packet Pg. 303 8.V.1.a Exhibit A Engineering Services to Complete the Project Scope Related to Preparation of Engineering Design, Construction Plans / Specifications, Permitting, and Bid Documents for The North County WWTF (AKA Holiday Pines WWTF) Expansion From 0.30 MGD to 0.60 MGD I. Scope Of Services r_ a x The project was previously under design with approximately one-third (1/3) of the Engineering W Services completed under Work Authorization #3. This Work Authorization proposal will authorize our firm to complete the balance of Engineering Services and Permitting in order that the project is ready for bidding. m c Masteller & Moler, Inc. is pleased to provide professional engineering design and permitting a - services necessary for the expansion of the North County WWTF (AKA Holiday Pines > WWTF) from 0.30 MGD to 0.60 MGD. We will use our innovative skills and experience to -a design the best treatment facility with the lowest construction, operational, and maintenance = cost. Our professional engineering services will include project design; preparation of construction plans, specifications, and bid documents; and FDEP permitting. In addition, Masteller & Moler, Inc. will provide for outside consulting services including Surveying, Structural, and Electrical Engineering. a .N The Engineer's estimated total project construction cost is $1,900,000.00. o W Estimated Project Construction Cost $1,720,000.00 Add 10% Contingencies $ 172,000.00 Total Engineer's Estimated Project Construction Cost $1,892,000.00 Use $1,900,000.00 = a Services will be provided as generally described in the following tasks: :22 0 Task A — Engineering Services = 00 0 Masteller & Moler, Inc. will provide professional engineering services to design and prepare �* construction plans, specifications, and bid documents covering the tanks, equipment, piping, and appurtenances showing and describing a 300,000 GPD tertiary WWTF expansion to the existing 300,000 GPD tertiary wastewater treatment plant. The plant expansion will generally include modification of the existing master lift station in order to increase its capacity and w convert it into a variable speed system; a static screen system with flow splitter facilities; a 0.30 MGD secondary wastewater treatment plant utilizing the extended aeration process and E consisting of aeration, final clarification, aerobic digestion tanks constructed of precast post tensioned concrete; a third discfilter unit for tertiary treatment; additional chlorine contact tanks; modification of the existing effluent pump system as required to provide for the Q additional plant capacity; a factory built pre-engineered building containing rooms for air blowers sized to serve the existing and proposed plants, and office with a bathroom and treatment plant electrical control equipment; and necessary field piping, electrical conduit/ wires, and site improvements. Services related to design and installation of a standby generator are not included. Our design services and deliverables will be done to provide Exhibit "A" - Page 1 Packet Pg. 304 8.V.1.a reliable operations, ease of maintenance, and will comply with all requirements of the Florida Department of Environmental Protection. Task B — Permittina Services Preparation of an application along with supporting information for a modification of the existing FDEP permit to reflect an annual average daily flow of 600,000 GPD instead of 300,000 GPD. Engineering services which are not included in the scope and fees of this proposal are as follows: • St. Lucie County Site Plan Approval; St. Lucie County Public Works approval, and other permitting not specifically listed herein. • Contract Administration and Construction Observation Services. 111. Time of Performance Preparation of Engineering Design Plans and FDEP permit application submittal shall be completed within sixteen (16) weeks after receipt of County authorization. 111. Method and Amount of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: Tasks A and B Scope of Services; upper limit fee $ 85,225.00 Additional Sub -consultants' upper limit fees (not included in above Tasks A and B upper limit fee): • Surveying Services • Structural Design Services $ 2,500.00 $ 2,875.00 • Electrical/Instrumentation Design Services $ 10,925.00 NOTE: The above -listed upper limit fees do not include any approval / permit application fees Exhibit "A" File #1806 (1806_WA-Exh ibitA_18-1004.docx) Exhibit "A" - Page 2 Packet Pg. 305 10.A.1 ITEM NO. RES-2018-240 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 11/27/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Establishing the Infrastructure Surtax Oversight Committee Proceeds from the voter approved surtax will be used to improve public roads, reduce traffic congestion, reduce neighborhood flooding, improve local water quality including the Lagoon and other similar uses. The Supervisor of Elections scheduled a referendum election to allow the qualified electors of the County to vote on the levy of the proposed surtax. In this regard, a referendum election was held on November 6, 2018 on the ballot question set out in Ordinance No. 18-004. If was approved by the voters on November 6, and the surtax will be effective for ten (10) years beginning January 1, 2019 and ending on December 31, 2028. The proceeds will be distributed to the County and municipalities pursuant to the formula set out in Section 218.62, Florida Statutes. St. Lucie County and its municipalities committed to establishing a citizens' oversight committee to routinely review projects funded by the infrastructure surtax that will issue reports to the County to insure transparency and to provide the citizens of the County with the assurance that funds are being spent in the manner approved by the voters. This resolution will establish the County's Infrastructure Surtax Citizen Oversight Committee. :7 ��/ [�l�l:�e[� � [�I ► t: On April 3, 2018, the Board adopted Ordinance No. 18-004 to impose a voter approved half percent (.5%) local government infrastructure surtax to be utilized by the County and municipalities within St. Lucie County for the financing, planning, constructing, reconstructing, renovating and improving of needed infrastructure. On November 6, 2018, a referendum on the Surtax was approved by St. Lucie County voters. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 306 10.A.1 Staff recommends that the Board approve the draft resolution and authorize the Chair to sign the draft resolution. COMMISSION ACTION: Coordination/Signatures 15a—niefS. McIntyre, c my ttorney 11/19/2018 7, _-O� x4l��f /' INA rk S er ee, D e 6 LK County Ad min sstrator' 11/19/2018 LV �Bj � 1 y BZWer, DeRAy County Administrator 11/19/2018 Updated: 11/9/2018 5:03 PM by Katrina Slay Page 2 Packet Pg. 307 10.A.1.a RESOLUTION NO. 18-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE MEMBERSHIP OF THE OVERSIGHT COMMITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT COMMITTEE; ESTABLISHING PROCEDURES FOR THE CONDUCT OF MEETINGS AND OPERATIONS; ESTABLISHING A SUNSET DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES a� aD r r E E 0 U aM a� WHEREAS, on April 3, 2018, the Board of County Commissioners of St. Lucie County (the "BCC") adopted Ordinance No. 18-004 to impose a voter approved half percent (.5%) local government infrastructure surtax (the "Surtax") to be utilized by St. Lucie County (the "County") and the municipalities within St. Lucie County for the financing, planning, constructing, reconstructing, renovating and improving of needed infrastructure; and WHEREAS, a referendum on the Surtax was held on November 6, 2018, and the voters of St. Lucie County approved the Surtax; and WHEREAS, County Ordinance No. 18-004 and the ballot language approved by voters in the referendum called for "independent oversight by citizen committees" to review the County's expenditures of Surtax proceeds; and WHEREAS, the Board of County Commissioners desires that the Infrastructure Sales Tax Oversight Committee be tasked with helping insure that Infrastructure Surtax proceeds are expended in a manner consistent with the Board's priority projects list, Ordinance No. 18-004 and state statute. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that: Section 1: Establishment and Purpose. The County hereby establishes the Infrastructure Surtax Citizen Oversight Committee (the "Committee") pursuant to County Ordinance No. 18-004 and the ballot language approved by the voters. Section 2: Membership and Qualifications: Term of Appointment; Vacancy A. The Committee shall consist of nine (9) members and one (1) alternate shall have the following qualifications: 1. A member shall be a resident of St. Lucie County; Page 1 of s All members Packet Pg. 308 10.A.1.a 2. One member shall be appointed by each member of the BCC; r 3. Four members shall be appointed at large with one at -large member from Fort E Pierce and one at -large member from Port St. Lucie; o 4. At -large members shall serve a term of four years; 5. Members shall not be elected officials or County staff members; LM 6. Consideration should be given to applicants to the Committee that have a background in engineering, planning or finance. O B. The term of each member of the Committee appointed by an individual Board member shall coincide with the terms of the BCC member that appointed the member of the Committee. C. All Committee Members appointed by an individual Board member shall serve at the pleasure of the BCC member who appointed the Committee member. Committee Members shall be automatically removed for lack of attendance. Lack of attendance means failure to attend three (3) consecutive regularly scheduled meetings or failure to attend at lest two-thirds of the regularly scheduled meetings during a calendar year. Participation for less than three -fourths of a meeting shall be the same as a failure to attend a meeting. Absences shall be entered into the minutes of the Committee meeting. D. Vacancies occurring for any reason during the term of office by a Committee Member shall be filled within ninety (90) days from the date of the vacancy. Section 3: Responsibilities and Duties. The Committee shall act solely in an oversight and advisory capacity to the BCC. The Committee shall not be responsible for identifying projects or determining the priority of a proposed project on the approved projects list. Project priorities are determined by the BCC based upon many factors, including, but not limited to, availability of surtax revenues along with the status of project design and permitting. The Committee shall have the following responsibilities and duties: A. Prepare an annual report to the BCC regarding: 1. Whether County's expenditure of Surtax proceeds for the fiscal year was consistent with the requirements of Section 212.055(2), Florida Statutes, and the ballot language approved by the voters; and 2. Whether the County's expenditure of Surtax proceeds for the fiscal year was consistent with the County's approved Surtax proceeds project list, if any, or any future revisions to that list as approved and adopted by the BCC. Page 2 of 5 Packet Pg. 309 10.A.1.a B. Review documents and projects: 1. The Committee will be presented with appropriate documents, plans, budgets, designs, permits (or permit applications), reports, photographs, presentations or other materials to sufficiently determine the status of each project. 2. Review and comment upon any changes or additions to the project list that may occur as a result of emergencies, hurricanes or other acts of God that might necesitate altering the projects list. In the case of an emergency, the Committee may be consulted after -the -fact. Section 4: Operations and Procedures. The Committee shall be governed by the following rules of procedure: A. Chair and Vice Chair: During the initial meeting of the Committee (organizational), the Committee shall select a Chair and Vice Chair from its membership to preside over and conduct meetings. The Chair and Vice Chair shall be selected by a majority vote of the Committee Members. After the first year of service, the Committee shall annually select one of its members as Chair and one of its members as Vice Chair. In the event the Chair or Vice Chair of the Committee is not fulfilling his or her responsibilities, the Committee, may in its own discretion, remove said Committee Member from the Chair or Vice Chair position, and appoint a replacement for the remainder of the term. B. Meetings: The Committee shall meet monthly, or as needed, as determined by the Committee in order to fulfill its duties and responsibilities. The Committee shall endeavor to schedule the first meeting of the Committee in March of 2019. During the initial (organizational) meeting of the Committee, the Committee shall, by majority vote, set a meeting schedule for the upcoming year. The Committee shall set meeting schedules for subsequent years as determined by the Committee. The meeting schedule shall include the date, time, and location of the meetings. All meetings and business of the Committee, and any Subcommittees, shall comply with and be subject to the requirements of the Florida Sunshine Law (Chapter 286, Florida Statutes); the Florida Public Records Law (Chapter 119, Florida Statutes), the Florida Ethics Code (Chapter 112, Florida Statutes), and all other applicable local or state statutes, ordinances, or rules. All meetings of the Committee and any Subcommittees shall be open to the public at all times, shall be subject to public participation requirements as outlined in the Florida Statutes. Minutes of each meeting shall be recorded. C. Quorum. A quorum shall consist of no less than five (5) members Page 3 of 5 a� a� E E 0 U LM .y L Packet Pg. 310 10.A.1.a Recommendations and decisions of the Committee shall be made by a majority vote of r r those present and voting. E E 0 D. Agendas. The County Administrator or designee, with input and assistance from the Chair, shall be responsible for preparing the meeting agenda and distributing the LM agenda to all Committee Members prior to the meeting. E. Reports. The Committee shall compile information received from the County on O Surtax expenditures so that it is able to provide annual reports to the BCC by December X 31St of each year, or by some other date as determined by the Committee. The Committee also shall provide a final report to the BCC prior to sun -setting and completing its operations. F. Subcommittees. By majority vote of the Committee Members present and voting, a subcommittee, task force, or work group, may be created to further the purpose of the Committee. Any such task force, work group, or sub -committee shall be made up of Committee members, and shall report their findings and/or recommendations back to the Committee for action. G. Staff Support. The County shall provide the Committee adequate staff and support services to enable the Committee to carry out its duties and responsibilities. Section 5. Compensation. Members of the Committee shall receive no compensation for the performance of their duties and responsibilities. Section 6. Sunset Provisions. Pursuant to County Ordinance No. 18-004, the Surtax shall be in effect only through December 31, 2028. It shall "sunset" and expire thereafter, without further action by any local government. The Committee shall remain in effect for the life of the Surtax imposed pursuant to County Ordinance No. 18-004 and until all Surtax proceeds are expended by the BCC. Thereafter, the Committee shall automatically sunset. Section 7. Participating Municipalities. Any municipality within St. Lucie County may elect to have citizen oversight of Surtax expenditures conducted by the County Committee. Municipalities desiring to utilize the County Committee for oversight shall notify the County of its election to participate by January 31, 2019 for the first year of the Surtax, or may later opt -in by December 31s' of each subsequent year of the Surtax. A Participating Municipality may withdraw from County Committee oversight at any time; provided, however, that said Municipality shall have established its own citizen oversight committee to ensure no gaps in oversight, and to remain compliant with County Ordinance No. 18-004. Page 4 of 5 Packet Pg. 311 10.A.1.a Section 8. Effective Date: This Resolution shall take effect immediately upon its adoption. r r E E 0 PASSED AND DULY ADOPTED this day of 12018. LM L ATTEST: BOARD OF COUNTY COMMISSIONERS O DEPUTY CLERK ST. LUCIE COUNTY, FLORIDA R BY: CHAIR APPROVED AS TO LEGAL FORM Page 5 of 5 COUNTY ATTORNEY Packet Pg. 312