HomeMy WebLinkAboutAgenda Packet 01.26.2016T. ®lI
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 5, Chairman
KIM JOHNSON
District No. 1, Vice -Chairman
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
District No. 3
PAULA A. LEWIS
District No. 4
FRANNIE HUTCHINSON
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,
maintain a high quality of life, and protect the natural environment for all our citizens
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board
meeting.
INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third
Tuesday at 9:00 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 Chairman 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.
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
Chairman 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 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to
three minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday
at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
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Regular Meeting Tuesday, January 26, 2016 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, January 05, 2016
5. PROCLAMATIONS APPROVAL
There are no items scheduled.
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
A. Treasure Coast Sports Commission Update - Rick Hatcher, Executive Director
B. 2016 St. Lucie County Summer of Success (SOS) Work Experience Program - Glenda Harden,
Vice President/COO CareerSource Research Coast
8. CONSENT AGENDA
A. WARRANTS
1. WL12,13&14
B. ADMINISTRATION
There are no items scheduled.
C. COUNTY ATTORNEY
1. Resolution - Amendment to the Investment Policy Pulled Prior to Meeting
2. Treasure Coast Workforce Consortium - Interlocal Agreement
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
Staff recommends the Board of County Commissioners approve the proposed Interlocal
Agreement for the Treasure Coast Workforce Consortium, and authorize the Chairman
to sign the agreement.
3. St. Lucie County Jail - MOU with State of Florida Department of Health and Sheriff for
HIV/STD Counseling
Staff recommends the Board approve the proposed Memorandum of Agreement with
the Florida Department of Health in St. Lucie County and the St. Lucie County Sheriff,
and authorize the Chairman to sign the Memorandum of Agreement.
4. Amending Subsection 7.10.03.A. - Increasing Number of Dogs and Cats in Residential
Dirstricts
Staff recommends the Board grant permission to advertise the proposed ordinance for
public hearing before the Planning and Zoning Commission on February 18, 2016 at 6:00
p.m., or as soon thereafter as may be heard, and two public hearings before the Board
on dates to be determined.
5. Permission to Advertise - Amending Section 38-27 "Registration of Abandoned Real
Properties" of the Code of Ordinances and Compiled Laws of St. Lucie County.
Staff recommends that the Board grant permission to advertise the draft ordinance for a
public hearing on Tuesday, February 9, 2016 at 6:00 pm or as soon thereafter as the
item may be heard.
6. County Owned Tax Deeds - Transfer to City of Port St. Lucie
Staff recommends that the Board authorize the Chairman to sign the County Deed
transferring six parcels to the City of Port St. Lucie and record the County Deed in the
Public Records of St. Lucie County.
7. Revocable License Agreement - Wide Waters Subdivision - trim and maintain foliage in
right-of-way in front of 3259 NW Turnabout Lane
Staff recommends that the Board approve the Revocable License Agreement, authorize
Chairman to sign the Revocable License Agreement and direct Mr. Swygert to record the
Revocable License Agreement in the Public Records of St. Lucie County, Florida.
8. Fort Pierce Yacht Club - Assignment of Lease to City of Fort Pierce
Staff recommends that the Board authorize the Chairman to execute the Assignment of
Lease and record the Assignment in the Public Records of St. Lucie County.
9. Department of Juvenile Justice Reconciliation for FY14/15
Staff recommends that the Board not determine the final reconciliation for FY 14-15 at
this time. Staff will up -date the Board once the reconciliation amount is determined
with further recommendations at that time.
D. COMMUNITY SERVICES
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
1. Budget Resolution - Florida Department of Transportation (FDOT) Supplemental Service
Development Grant for Lakewood Park.
Staff recommends Board acceptance of the FDOT Supplemental Service Development
grant FM#436878-1-84-01, approval of Budget Resolution and subgrant amendment
and authorization for the Chairman to sign documents, as approved by the County
Attorney.
2. Budget Resolution - SAFER St. Lucie
Staff recommends Board approval of the Budget Resolution and authorization for the
Chairman to sign documents as approved by the County Attorney.
3. Award of Invitation to Bid (ITB) No. 17
Staff recommends Board approval to award ITB No. 17 to Gentile Corp. in the amount of
$54,500.00 and authorization for the Chairman to sign documents as approved by the
County Attorney.
4. Summer of Success (SOS) St. Lucie Youth Employment Program
Staff recommends approval of the agreement and authorization for the Chairman to
sign documents as approved by the County Attorney.
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There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
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There are no items scheduled.
H. INFORMATION TECHNOLOGY
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
1. Award of Bid No. 16-009, Purchase of Pesticides for the St. Lucie County Mosquito
Control District
Staff recommends Board approval of the award of Bid No. 16-009, Purchase of
Pesticides for the St. Lucie County Mosquito Control District to Adapco, Inc of Sanford,
Clark Mosquito Products, Inc of Kissimmee, Univar USA of Orlando, and All Pro Vector
Group of Michigan, and authorization for the Chairman to execute the contracts as
approved by the County Attorney.
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
J. OFFICE OF MANAGEMENT & BUDGET
1. Award of Bid No. 16-012, Maintenance and Repair Services for the County Fleet Vehicles
Staff recommends Board approval to award Bid No. 16-012, Maintenance and Repair
Services for the County Fleet Vehicles to Hickmans Brake & Alignment of Fort Pierce, JW
Automotive of Fort Pierce, St. Lucie Battery and Tire of Fort Pierce, Sunrise Ford of Fort
Pierce and Wallace Automotive of Fort Pierce, and authorization for the Chairman to
sign the contracts as approved by the County Attorney.
K. PARKS, RECREATION & FACILITIES
1. Rosser Library Roof Replacement
Staff recommends Board approval to award Bid No. 16-003 to Therma Seal Roof
Systems, LLC., the lowest responsive and responsible bidder in the amount of
$158,100.00 to complete the Roof Replacement for the Rosser Library project, and
authorization for the Chairman to sign documents as approved by the county attorney.
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. F Realty Holdings, LLC - Fee -in -Lieu -of
Staff recommends Board approval of the Fee -in -Lieu -of Construction Agreement in the
amount of $8,019.00. Authorization for the Chairman to sign documents as approved
by the County Attorney.
2. Ten Mile Creek Water Preserve Area Remediation Plan Amended
Informational Update - No Action Required
O. SHERIFF'S OFFICE
There are no items scheduled.
P. SOLID WASTE
There are no items scheduled.
Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
1. NHI Septic System Removal Project Budget Transfer
Staff recommends Board approval of the associated budget transfer to move
$778,000.00 from Utility Reserves and Professional Services to Infrastructure - Design
and Permits and also Board approval of the associated Capital Improvement Project
#163603.
T. PLANNING and DEVELOPMENT SERVICES
1. St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease
Between Fort Pierce FBO, LLC and Decorus Development LLC. Add -On
Staff recommends that the Board of County Commissioners consent to the proposed
hangar sublease between Fort Pierce FBO, LLC and Decorus Development LLC, and
authorize the Chairman to sign the Consent of Master Ground Lessor.
9. PUBLIC HEARINGS
There are no items scheduled.
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Verada Ditch Improvement Project - Settlement Agreement
Staff recommends that the Board:
Authorize a letter to be sent to the carriers for Miller Legg/Anderson-Andre to
include a settlement demand of $1,300,000.00 and direct staff to proceed to trial in
the absence of a settlement.
Accept the Dunkelberger settlement offer set out above and dismiss Dunkelberger
out of the lawsuit.
For the reasons set out above, declare an emergency, waive the bid requirements
and approve the Settlement Agreement with Ranger authorizing Ranger to
immediately repair the failed areas at a fixed cost of $1,575,000.00 plus the cost of
anchors (up to $119,037.00).
2. Resolution - Capital Improvement Revenue Bonds, Series 2016A Amended
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Regular Meeting Tuesday, January 26, 2016 9:00 AM
Staff recommends that the Board approve the Bond Resolution and Loan Agreement
and authorize the Chairman to sign the Resolution and Loan Agreement as reviewed and
approved by the County Attorney and the County's Bond Counsel.
B. PUBLIC WORKS
1. Resolution - McCarty Road North Bridge Highway Maintenance Memorandum of
Agreement Pulled Prior to Meeting
11. ANNOUNCEMENTS
A. The Board of County Commissioners Regular Board meeting on February 2, 2016 at 6 p.m. has
been cancelled and reschduled to February 9, 2016 at 6 p.m.
B. The Board of County Commissioners will hold an Informal Board meeting on February 9, 2016 at
3 p.m. 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 Board meeting on February 9, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
D. County offices will be closed on Monday, February 15, 2016 to observe President's Day.
E. The Board of County Commissioners will hold a Regular Board meeting on February 16, 2016 at
9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
F. The Board of County Commissioners will hold a Special Informal Board meeting to address the
Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 of the Roger
Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
12. MOTION TO ADJOURN
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COUNTY
F L o R r D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
January 5, 2016 Convened: 6:00 PM
Adjourned: 7:26 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson
Attendee Name
Kim Johnson
District No. 5, Chairman
District No. 1, Vice -Chairman
Arrived
Present 6:00 PM
Chris Dzadovsky
Absent
Present
6:00 PM
6:00 PM
Tod Mowery
District No. 2
Paula A. Lewis
District No. 3
Present
6:00 PM
Frannie Hutchinson
District No. 4
Present
6:00 PM
Howard Tipton
Administrator
Present
6:00 PM
Bob Adolphe
Deputy County Administrator
Present
6:00 PM
Mark Satterlee
Deputy Administrator
Present
6:00 PM
Daniel S. McIntyre
County Attorney
Present
6:00 PM
Don West
Public Works Director
Present
6:00 PM
Laurie Waldie
Utility Director
Present
6:00 PM
Asheley Hepburn
Director, Office of Management & Budget
Present
6:00 PM
Leslie Olson
Planning Manager
Present
6:00 PM
Melissa Upton
Clerk to the Board Present
6:00 PM
2.
3.
9
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF THE MINUTES
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
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7.
A. Board of County Commissioners minutes for the meeting of Tuesday, December 08, 2015
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
B. Board of County Commissioners minutes for the meeting of Tuesday, December 15, 2015
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Paula A. Lewis, District No. 3
SECONDER:
Frannie Hutchinson, District No. 4
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
PROCLAMATIONS APPROVAL
A. Resolution proclaiming January 2016 as "HUMAN TRAFFICKING PREVENTION MONTH" in St.
Lucie County, Florida.
Chairman Johnson introduced Ruth Davis, the President of Soroptimist International of St Lucie
County. She accepted the proclamation on behalf of her organization and spoke about the goals
of helping women and girls internationally. A meeting called "Stop Sexual Trafficking" will be
held at the St. Lucie County Health Department on Milner Dr. At 9:30 A.M on Saturday, January
9th.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
PUBLIC COMMENT (excluding Public Hearing items)
John Arena, Fort Pierce Resident - He spoke about the St. Lucie Inlet and the national
recognition of the Indian River Lagoon. He also spoke about the possible mega yacht port and
associated technology.
Annette Brown, 3115 West Dixie Blvd & Tiffany Kelly, St. Lucie County resident - Ms. Kelly is
the executive director of the Morning After Center for Hope and Healing at 907 N 13th Street
in Fort Pierce. She spoke about the purpose of their organization and a workshop being held on
January 30th. The workshop will help clients with the process of having their records sealed or
expunged to allow them to find employment.
PRESENTATIONS
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Regular Meeting Tuesday, January 5, 2016 6:00 PM
There are no items scheduled.
8. CONSENT AGENDA
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Frannie Hutchinson, District No. 4
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
A. WARRANTS
1. Warrant List Numbers 10 & 11
B. ADMINISTRATION
1. USDA Farm2Fly Grant Acceptance
2. USDA Farm2Fly Budget Resolution
C. COUNTY ATTORNEY
1. Budget Resolution - Accepting funds in the form of Insurance Recovery from Hanover
Insurance Company in the amount of $100,000 in the Indian River Estates Stormwater
Improvements Phase II Project.
2. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of
Ordinances and Compiled Laws, to demolish the Unsafe Structure at 117 Hilton Drive,
Fort Pierce, Florida.
3. Permission to advertise an ordinance Amending Section 7.09.05 of the St. Lucie County
Land Development Code affecting the removal of exotic vegetation in St. Lucie County,
Florida.
4. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of
Ordinances and Compiled Laws, to demolish the Unsafe Structure at 594 Beach Avenue,
Port St. Lucie, Florida.
5. Pretrial Release Reimbursement
D. COMMUNITY SERVICES
1. SIRSIDYNIX Agreement
2. Resolution - Chase Settlement Grant Agreement
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Regular Meeting Tuesday, January 5, 2016 6:00 PM
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
There are no items scheduled.
H. INFORMATION TECHNOLOGY
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K. PARKS, RECREATION & FACILITIES
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1. 2016 Spring Training and St. Lucie Mets Baseball Season at Tradition Field - Proposed
Price List
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. Budget Resolution - Artificial Reef Construction (FWC No. 15135)
2. Resolution - Amendment 1 - Artificial Reef Construction FWC#15135
Per Lori Rocky's email dated 1/7/16- After discussion with the County Attorney's
office the granting agency was contacted, a commission resolution is not required for
this amended agreement. The resolution number has been removed from this item.
This change has been notated in the Official Records.
3. Budget Resolution - Amendment 1 Artificial Reef Construction (FWC No. 15135)
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4. Award of Bid No. 16-007 - Subdivision #1 Lakewood Park Mowing
5. WBC Collections LP — Fee -in -Lieu -of Construction
O. SHERIFF'S OFFICE
1. Draw Request - January 2016
P. SOLID WASTE
There are no items scheduled.
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R. TRANSPORTATION PLANNING ORGANIZATION
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S. UTILITIES
1. Approval to Piggyback City of Punta Gorda's contract with Insituform Technologies LLC
for the rehab of the sewer gravity line in a development called Aqua Ra .
9. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT SERVICES
1. Ordinance - Islamorada Brewing Co. - Text Amendment to the Land Development Code
Pertaining to Distance Requirements for Alcoholic Beverages - 2nd Adoption Hearing
The Comprehensive Planner presented a petition on behalf of Islamorada Brewing
Company to request a text amendment to the Land Development Code, regarding
distance requirements of on premise alcohol consumption from an existing church,
school, public park or playground.
Notice of this hearing was published in the St. Lucie News Tribune on December 17th
and no comments from the public were submitted.
Section 7.10.11 of the Land Development Code applies to all licensed businesses
proposing to sell alcohol for on premise consumption and restricts the use to be located
at least 1600 feet from a church, school, park or playground.
The proposed amendment retains the current distance requirement while providing a
waiver request process for a tasting room, only if it is accessory to an authorized
primary use. These uses are identified as beverage manufacturing, wholesale trade and
retail trade of alcohol.
The waiver process is to follow the conditional use process with 2 public hearings. Staff
indicated that after the first public hearing, clarification was added to the draft language
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stating that the intent of the waiver is to apply to accessory tasting rooms only. Also
added to the text are examples of conditions that can be placed on the permit order to
achieve compatibility, such as hours of operation and seating capacity.
Staff indicated that the conditional use permit process will be analyzed based on the
standards of review. A waiver may have site specific conditions applied as deemed
necessary to ensure the use is compatible with the surrounding neighborhood. The
waiver may be revoked by the Board through public hearing process if it is deemed to
no longer be a compatible use.
Staff presented a review of the issues discussed at the previous meeting. The Board was
given the option to amend the approval process to only 1 public hearing. The Board is
also able to limit the primary authorized uses to include only manufacturing. The Board
may further define and customize each site specific tasting room through the
conditional use process.
Staff concluded that the proposed text amendment is in compliance with the
Comprehensive Plan and is internally consistent with the Land Development Code. The
amendment provides for a new waiver process that allows for expansion of businesses
and diversifies the industrial base in accordance with the Comprehensive Plan. The
conditional use permit process allows for safeguards that require each waiver be
reviewed for site specific appropriateness and multiple public participation
opportunities.
Staff compared regulations found within city limits, noting the distance requirements
are similar and both provide for a waiver process for all drinking establishments. The
proposal is consistent with local jurisdictions. Staff recommends Board adoption of the
proposed text amendment.
Commissioner Mowery asked Staff to clarify options regarding staff recommendations
and to clarify what was included in the amendment. He agreed that 1 public hearing was
sufficient, based on staff's efforts to address previous issues. Commissioner Mowery
suggested including a percentage of total use for the proposed "tasting room" or
accessory use versus the authorized primary use. He asked for clarification of the
distance requirements. Staff answered that it would be 1600 feet.
Commissioner Lewis agreed with 1 public hearing, based on keeping consistency with
other jurisdictions. She did not agree with limiting the size of the accessory use. Based
on the conditional use process, customization of each site is possible. Staff would be
able to consider each proposed site and determine if it should be deemed an accessory
use.
Chairman Johnson expressed concern over 1 public reading. He wanted to ensure that
staff and the Board are able to address any questions or issues sufficiently. He also
commented on efforts by the applicant to reach out to the community.
Commissioner Mowery made the motion to approve staff recommendation to reduce
the approval process to 1 public hearing.
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The County Attorney recommended that the public hearing change be inserted in
section D-2 of the ordinance, regarding the conditional use and waiver process. He
indicated that the words "except that only 1 public hearing before the Board of County
Commissioners shall be required", and continue "and including all applicable fees".
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Frannie Hutchinson, District No. 4
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
2. Resolution - Islamorada Brewing Company - Waiver Pursuant to Section 7.10.11(D)
Distance Requirements for Alcoholic Beverages to Allow the On -Premise Consumption
of Alcoholic Beverages
Staff from the Planning Division presented the request for a waiver from the
requirements of Section 7.10.11D of the Land Development Code. This waiver would
authorize the on premise consumption of alcoholic beverages located within 1600 feet
of a religious facility. The industrialized zoning district permits the manufacturing and
wholesale of malt beverages, and retail sales as accessory to the primary use.
The Land Development Code does not permit a licensed establishment, such as the
proposed tasting room, to be within 1600 feet of a religious facility without a wavier
approval process. The subject property, Runway N, currently houses a boat
manufacturer and Northside Christian Fellowship Church. There is a property between
the church and the commerce center that will provide a buffer from the proposed
brewery.
The standards of review for this waiver require a review of: compatibility with the
zoning district, the effects on the nearby properties and the appropriateness of use on
the subject property. The brewery will not create additional demands on public
facilities. The fire department and environmental resource department have no
objections to the waiver.
Staff recommended the following conditions of approval: hours of operation,
compliance with St. Lucie County noise and sight lighting requirements, Board approval
regarding changes to the waiver and separate permit approval for outdoor special
events.
Public notice was provided in accordance with the Land Development Code. The
applicant also held a neighborhood meeting on October 19th.
Staff finds that the request meets the standards of review for conditional uses within
the Land Development Code and is not in conflict with the policies of the
Comprehensive Plan.
Chairman Johnson indicated that because this item is a Quasi -Judicial item, the Board
must make their disclosures.
Chairman Johnson met with staff and the applicant.
Commissioner Lewis met with staff.
Commissioner Mowery met with staff and the applicant.
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Regular Meeting
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Commissioner Hutchinson met with staff and the applicant.
Commissioner Hutchinson asked the applicant if the consumption of beer on premise
would be only the beer produced in the brewery, or if other beer would be brought in
from outside vendors.
Daniel Sorrow from Cotleur and Hearing spoke as an agent for the applicant, he believed
the amendment was for beer and wine and the beer would be manufactured on site.
Commissioner Hutchinson commented that she had only seen documents indicating
sale of beer, not beer and wine. The applicant answered that he would like to offer
other beers and wine, based on the beer and wine license from the state.
Staff explained that the original request was only for beer but after review the applicant
also wanted to sell wine.
Commissioner Mowery clarified that the use is a tasting room and not to be set up as a
bar. He reiterated the possibility that without a percentage of use limitation, 50% of the
space could go towards the tasting room and become more like a bar.
The applicant said that he would happy to put a 20% use limit for the tasting room. He
said that he wanted to offer wine for guests who may not want beer.
Commissioner Hutchinson asked if it would be possible to add a condition that only
locally manufactured wine be offered. The applicant expressed concern that there is
only 1 winery in the area.
Commissioner Hutchinson asked staff to describe the "norm" in regards to what is
allowed at breweries. She was concerned that the accessory use may become the main
business, instead of manufacturing.
The applicant explained that he will be investing $3 million into equipment specifically
for manufacturing.
The Planning and Development Services Director detailed her research into other similar
breweries. She clarified that the usual practice allows customers to drink beer and wine
in a tasting room.
The applicant described his proposed business as a brewery and a manufacturing
facility. There would not be a kitchen on site for food service.
Commissioner Lewis expressed her feelings that the brewery would not be bringing in
large amounts of other alcoholic beverages. She felt that this would take away from the
applicant's own sales and therefore felt comfortable offering alternatives.
The applicant considered the brewery a tourist attraction. The main appeal is the
experience of walking through the brewery, even if guests do not consume beer.
Commissioner Hutchinson agreed with Commissioner Mowery's idea to specify a
percentage of usage for the tasting room. She explained that because this is the first
proposed use of the waiver, there will be others to follow. She wants to make sure there
are safeguards in place for future applications.
Commissioner Lewis suggested the percentage be determined on a case -by -case basis.
She did not want a specific figure as part of the text.
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
Commissioner Mowery added that other communities will use a set percentage and
allow provisions for higher amounts. He reiterated that the principal use must remain as
manufacturing.
Commissioner Hutchinson asked staff for feedback on the possible percentage of
accessory use.
Staff indicated that there were 2 buildings on the property, both being 20,000 square
feet.
The applicant clarified that the brewery would only occupy the single, front building and
leave the boat manufacturer in the other building on the property. The applicant had
previously reached out to an architect for plans and determined the proposed tasting
room to be approximately 2,500 square feet.
He said that with the 20% recommendation, the proposed tasting room could allow for
up to 4,000 square feet. He felt that with the preliminary plans, this percentage would
allow for unforeseen changes to construction plans.
Chairman Johnson commended the applicant's efforts in the community. He expressed
concerns about safety issues and possible drunk driving related to the facility. He
recommended some type of safety notice be placed in the building to remind patrons to
be conscious of the amount of alcohol consumed.
The applicant agreed that safety is a priority and expressed he is comfortable with
implementing safety measures.
Commissioner Hutchinson said that there needed to be consensus over the issue of
serving wine, because the current text only mentioned beer. The County Attorney
suggested that the language to allow for wine be added to paragraph 2 after the word
"beer". As well as adding "and wine" to paragraph 4 after the word "beer" in the first
sentence. He indicated that to restrict the use of the property, add to paragraph 4 "the
area used for on premises consumption shall not exceed 4,000 square feet."
Commissioner Hutchinson asked for clarification regarding possible retail use within the
proposed 4,000 square feet area. The applicant confirmed that the gift shop would be
included in that area.
Commissioner Mowery reviewed the conditions to be put into place based on the
waiver of distance requirements. He indicated that it would be at the County Attorney's
discretion where in the text to add the conditions. The agreed upon conditions were to
include, a safety mechanism regarding safe drinking, limiting the space for accessory use
to 4,000 square feet, and addition of wine for on premise consumption. Chairman
Johnson confirmed these 3 conditions.
Commissioner Hutchinson made the motion to approve the conditional use with the
additions. Commissioner Lewis seconded the motion.
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
10. REGULAR AGENDA
1
2.
ADMINISTRATION
1. Appointments to the Treasure Coast Education & Research Development Authority
(TCERDA) Board
The County Administrator presented the appointment to the Treasure Coast Education
and Research Development Authority. Dr. Peter Stofella's reappointment to the Board
was unanimously approved by ballot.
RESULT: APPROVED [UNANIMOUS]
AYES: Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT: Chris Dzadovsky
COUNTY ATTORNEY
1. Hendler Property - Environmental Lands - Parcel ID 2325-331-0003-000-2 and 2336-212-
0021-000-2 - Outfront Media adjustment to lease rate
The Property Acquisition Manager presented the request from Outfront Media to adjust
their lease rate on an electrical meter on county property. The property contained an
outdoor lease to provide electrical service to 7 billboards lying northeast of the turnpike.
The electric meter provides power to the billboards, underground electric under the
turnpike and anything overhead. It allows for CBS Outdoor access across the track to
serve the lease improvements. On November 18, 2014 the Board approved an
addendum to the lease, making the payment $15,000 per year or 33% of the net annual
sales, whichever is greater for a 7 year period beginning in January of 2015.
County staff had an independent appraiser review the addendum. He indicated that the
proposed base rate provided a significant rate of return. On November 20, 2014 CBS
Outdoor became Outfront Media. In July of 2015 Chris Ashley of Outfront Media
contacted county staff, stating that the company did not feel they gained enough value
from the meter powering the billboards and that the lease "is one of their poorest deals
in their entire portfolio". Outfront Media proposed an annual rental of $5,000 per year
for a 5 year period.
County staff had the independent appraiser review the adjustment. He observed that
the new proposal indicated a significant decline in the income to the county and the
offer lacks an annual increase, which at a minimum should be reflected as a CPI. The
proposed lease also appears to be a reasonable rate of return for the estimated area
in
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
encumbered. The appraiser suggested the county make a counter offer, recommending
$10,000 for a 5 year period.
On November 6, 2015 staff sent a letter to Mr. Ashley requesting he provide the county
with his net sales history to confirm current figures.
County Staff heard from Mr. Ashley on November 10th, stating that he would like to
make a more "reasonable and logical offer" to the county for the electric meter. He
offered the county $5,000 a year for a 10 year period for the rights to retain the current
electrical agreement.
Mr. Ashley has not provided county staff with the net sales data as required. Based on
this fact, staff recommended the Board reject the lease rate adjustment as requested by
Outfront Media.
Commissioner Mowery moved to reject the adjustment, Commissioner Lewis seconded
the motion.
After the motion, Commissioner Hutchinson suggested it would be appropriate for the
Chairman to submit a letter on behalf of the Board, asking the applicant to supply the
requested information. She noted that it has been mentioned that the applicant had
contacted the Board, however none of the commissioners had spoken with him.
Staff confirmed that a letter would be sent to the applicant and if the applicant follows
through there would be another vote.
Commissioner Lewis added that denying this application does not close the door to
future communications. Chairman Johnson agreed to send a letter to reach out to the
applicant again.
RESULT:
DENY [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
3. PUBLIC WORKS
1. Award Bid No. 16-001 - Slope Repair at 8001 Indian River Drive
The County Engineer presented the bid award for slope repair on Indian River Drive. This
property is the last repair related to the storm event on January 9, 2014. A large eroded
area was created in the travel way at this location. The speed limit in the vicinity has
been reduced and barrier walls currently safeguard the area. Staff has monitored the
roadway since the damage occurred. Movement within the embankment was
observable. This address lies within the half mile address range that was excluded from
the 2004 repairs related to Hurricane Frances and Jean.
Staff explained that the height of the roadway above the Indian River Lagoon is too high
to construct a stable slope.
This item is the award of the phase 1 slope repair. In September 2014, the Board
authorized staff to move forward with bidding of the phase 1 repair, which will
construct improvements that will lock together the roadway embankment.
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
The lowest bidder is Johnson -Davis, in the amount of $574,761 which includes the 10%
construction contingency. The amount is within 5% of the engineer's estimate. This
project will provide the protection and improvement that is needed to remove the
barrier walls, but will not provide protection from an incoming storm surge. The phase 2
work would address this problem but will take at least a year to design a permit for the
work.
Staff proposed bringing on a transportation planning consultant to identify all options
for this project going forward. Staff also intends to ask the Florida Department of
Transportation to assist in federalizing the effort. An FDOT representative is needed
demonstrate National and Environmental Protection Act (NEPA) compliance to receive
funds.
Staff requested approval of the award to the lowest bidder. Staff also requested
retention of a consultant and a meeting with FDOT. Staff would then return to the board
to present their findings and discuss the next phase.
Commissioner Mowery asked about local preference, in regards to the bidding process
and asked if staff felt comfortable with the firm that was chosen. Staff indicated that
this project was bid with a local preference, however that was not a factor in selecting
the lowest bidder. Staff commented that Johnson -Davis has an excellent relationship
with the county and is considered a top choice.
RESULT:
APPROVE [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
4. Motion to: Motion to Ratify Commissioner Dzadovsky's Appointment to the Investment
Committee
Chairman Johnson spoke on behalf of Commissioner Dzadovsky, to announce ratification of
Shaun Williams to the Investment Committee.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Tod Mowery, District No. 2
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
5. Motion to: Motion to Ratify Commissioner Dzadovsky's Appointment to the Citizen's Budget
Committee
Chairman Johnson spoke on behalf of Commissioner Dvadovsky, to announce ratification of
Jarred Buechler to the Citizens Budget Committee.
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Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Tod Mowery, District No. 2
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
6. Motion to: Motion to Ratify Chairman Johnson to Friends of the St. Lucie County Library Board
Chairman Johnson also ratified his own position on the Friends of the Library Board.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Frannie Hutchinson, District No. 4
SECONDER:
Tod Mowery, District No. 2
AYES:
Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson
ABSENT:
Chris Dzadovsky
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold an Informal Board meeting on January 12, 2016 at
9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
B. County offices will be closed on Monday, January 18, 2016 to observe Martin Luther King Jr
Day.
C. The Board of County Commissioners Regular Board meeting on January 19, 2016 at 9 a.m. has
been cancelled and reschduled to January 26, 2016 at 9 a.m. in the Commission Chambers of
the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
D. The Board of County Commissioners Regular Board meeting on February 2, 2016 at 6 p.m. has
been cancelled and reschduled to February 9, 2016 at 6 p.m.
E. The Board of County Commissioners will hold an Informal Board meeting on February 9, 2016 at
3 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
F. The Board of County Commissioners will hold a Regular Board meeting on February 9, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
G. County offices will be closed on Monday, February 15, 2016 to observe President's Day.
H. The Board of County Commissioners will hold a Regular Board meeting on February 16, 2016 at
9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
13 1 Page Packet Pg. 21
Regular Meeting
Tuesday, January 5, 2016
6:00 PM
4.A
The Board of County Commissioners will hold a Special Informal Board meeting to address the
Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 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.
14 1 Packet Pg. 22
8.A.1
12/23/15
FZABWARR
FUND TITLE
001
001459
002560
001563
001567
001572
001574
101
101002
101004
102
102001
107
107001
107003
107006
113
114
116
117
119
123
127
128
130
130114
130115
136
138
140
140001
140375
140383
160
163
183004
185014
185015
190
310001
401
418
451
471
505
611
625
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST 412-- 19--DEC-2015 TO 23-DEC-2015
FUND SUMMARY
General Fund
EMPA FY16
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
DHS - CSBG FY 2015
HUD Shelter Plus Chronic
CSBG 2016
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Queens Cove bighting Dist#13 Fund
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
SLC Public Transit MSTU
FTA 5307 FY 2013
FTA 5309 VTCLI-II FY14
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Airport Fund
Port Fund
FDOT- Construction Customs Facility
FDOT Security Camera's and Lighting
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
FHFC SHIP 2013-2014
FHFC SHIP 2014-2015
Sports Complex Fund
Impact Fees -Library
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
Water & Sewer District Operations
Health Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
Bank Fund
GRAND TOTAL:
EXPENSES
2, 969, 277.87
773.21
24,080.04
37,691.20
350.00
47.24
1,365.00
4,700.00
8,218.83
3,257.03
3,141.00
2,011.14
1,502,574.19
215.75
4,130.48
24,542.90
230.06
562.42
616.06
141.07
830.56
385.66
499.57
619.02
3,381.48
5,360.98
870.48
2,288.64
313.22
2,233.52
670.38
19,350.00
13,420.00
1,040.94
1,104.80
1,627.00
26,026.06
10,000.00
12,366.22
7,158.99
422,276.97
2,001.82
5,870.38
4,216.87
23,717.99
2,598.21
11,982.69
28,937.22
5,199,075.16
PAGE
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
796.80
0,00
0.00
0.00
796.80
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8.A.1
12/31/15
FZAHWARR
FUND TITLE
001
001459
001460
001512
001538
001550
001560
001563
001571
001572
001573
001574
001575
001577
001825
001B26
101
101001
101002
101003
101004
102
102001
102114
107
107001
107002
107006
129
130
130114
140
140001
150
160
183
183001
183004
183006
184001
184217
185015
187
188
189110
189203
190
310002
ST. LUCIE COUNTY - BOARD
WARRANT ,LIST 413- 24-DEC-2015 TO 31-DEC-2015
FUND SUMMARY
General Fund
EMPA FY16
FCTD Planning Grant
Neighborhood Stabilization Program
HUD Neighborhood Stag 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDSG FY 2013
Safe Routes to School
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
CSBG 2016
Metropolitan Planning / Sec 5305d
Lagoon Life Education Program
Allegany Franciscan Ministries
SAFER St Lucie Disaster Education
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
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
FTA 5307 FY 2023
Airport Fund
Port Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
Artificial Reef Program
S SLC Beach Rest 13SL1
FHFC SHIP 2014-2015
Boating Improvement Projects
Bluefield Ranch Improvements
Home Consortium 2014
Hardest Hit fund Advisor Services
Sports Complex Fund
Impact Fees -Library
im
EXPENSES
77,843.45
6,440.75
0.00
0.00
0.00
655.00
0.00
32,325.02
0.00
0.00
0.00
0.00
11,453.32
0.00
510.73
0.00
2,911.89
0.00
9,080.17
17,347.42
259.98
7,958.21
11,110.64
0.00
6,277.20
0.00
0.00
31,902.15
46,086.18
2,787.84
1,160.64
5,190.91
148.80
112.50
2,449.02
409.92
320.00
924.94
243.48
0.00
2,752.40
4,108.00
2,450.00
4.75
20,000.00
0.00
14,450,56
10,356.60
PAGE
PAYROLL
555, 916, 19
0.00
655.89
232.84
26.05
143.99
9,279.20
3,527.78
1,194.55
489.45
374:46
3, 839.72
1, 602.05
1,333.61
0.00
1,600.00
35,736.91
1,381.60
49,,113, 13
14,004.01
18,175.12
59,893.93
13,307.85
5,343.39
212,700.53
1,060.03
1,060.03
81891.08
0.00
2,089.60
1,360.80
12,958.50
0.00
0.00
3,451.18
4,897.48
0.00
3,275.73
0.00
1,645.60
0.00
378.17
0.00
0.00
446.40
116.76
21,518.63
0.00
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12/31/15 ST. LUCIE COUNTY -
BOARD
PAGE 2
FZABWARR WARRANT LIST #13- 24-DEC-2015 TO 31-DEC--2015
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
310006
Impact Fees --Transportation
246,219.54
0.00
316
County Capital
40,786.00
0.00
316001
5th Cent Fuel -Capital
2,052.50
0.00
318
County Capital -Transportation Bond
18,933.36
0.00
362
Environmental Land Capital Fund
7.58
0.00
401
Sanitary Landfill Fund
57,710.56
104,407.51
418
Golf Course Fund
18,851.35
19,449.29
451
S. Hutchinson Utilities Fund
25,193.57
7,300.12
458
SH Util-Renewal & Replacement Fund
9,785.65
1,071.38
471
Water & Sewer District Operations
13,591.15
12,234.57
478
Water & Sewer District R&R
0.00
1,638.20
479
dater & Sewer Dist. -Cap Facilities
0.00
1,509.66
491
Building Code Fund
182.20
31,966.06
505
Health Insurance Fund
21,717.46
0.00
505001
Risk Management Fund
13,302.70
2,727.61
505002
Health Insurance Administration
0.00
2,821.85
611
Tourist Development Trust--Adv Fund
7,312.25
3,219.79
625
Law Library
13,762.50
0.00
801
Bank Fund
9,856.06
0.00
GRAND TOTAL;
829,296.90
1,241,368.28
109
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8.A.1
01/06/16
FZABWARR
FUND TITLE
001
001460
001538
001560
001563
001571
001573
001574
001575
101
101002
101003
101004
102
102001
102114
102813
103
107
107001
107003
107005
107006
ill
112
115
218
120
121
122
126
129
130
130114
139
140
140001
160
183
183004
184215
185014
185015
185016
190
242
318
401
ST. LUCIE COUNTY - BOARD
WARRANT LIST 414- 01-JAN-2016 TO 08-JAN-2016
FUND SUMMARY
General Fund
FCTD Planning Grant
HUD Neighborhood Stab 3
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
Safe Routes to School
HUD Shelter Plus Care Grant
CSBG 2016
Metropolitan Planning / Sec 5305d
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
White City Drainage Citrus & Saeger
Law Enforcement MSTU
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Legal Aid
F&F Fund -Court Related Technology
River Park I Fund
River Park II Fund
Sheraton Plaza Fund
Paradise Park Fund
The Grove Fund
Blakely Subdivision Fund
Indian River Estates Fund
Southern Oak Estates Lighting
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307 FY 2013
Palm Grove Fund
Airport Fund
Part Fund
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
DEP Ft Pierce Shore Protection 2012
FHFC SHIP 2013-2014
FHFC SHIP 2014-2015
FHFC SHIP 2015-2016
Sports Complex Fund
Port I&S Fund
County Capital -Transportation Bond
Sanitary Landfill Fund
F�►�i�IP(t4aF.^f
1,397,148.43
310.50
22.82
540.00
839.10
838.00
898.84
69.50
63.87
45.50
8,657.15
961.75
9,832.04
13,412.75
16,629.99
4,714.50
65.70
14,431.99
353,139.41
11,045.08
30,240.16
9,434.25
54,010.73
3,228.77
746.78
605.06
842.77
223.43
84.77
1,042.01
155.56
14,633.49
8,536.42
970.92
963.26
3,79B.24
256.03
389.12
1,219.33
1,632.56
25,563.84
257.55
4,656.00
443.35
18,454.26
985.49
150,061.32
89,848.90
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8.A.1
01/08/16 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #14- 01-JAN--2016 TO 08-JAN-2016
FUND SUMMARY
FUND
TITLE
EXPENSES
418
Golf Course Fund
8,598.16
451
S. Hutchinson Utilities Fund
202.36
471
Water & Sewer District Operations
101,894,91
491
Building Code Fund
322.23
505
Health Insurance Fund
53,014.06
505001
Risk Management Fund
4,466.50
611
Tourist Development Trust-Adv Fund
24,157.25
650
Agency Fund
29,650.16
666
SLC Economic Development Trust Fund
13,841.50
801
Bank Fund
25,726.91
GRAND TOTAL: 2,518,825.33
PAGE 2
PAYROLL
0.00
0.00
0.00
0.00
796.80
0.00
0.00
0.00
0.00
0.00
796.00
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8.C.2
ITEM NO. (ID # 3300)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE
01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Treasure Coast Workforce Consortium - Interlocal Agreement
The Treasure Coast Workforce Consortium was established in 1999 through an Interlocal Agreement
between Indian River County, Martin County, Okeechobee County, and St. Lucie County in accordance
with the Workforce Investment Act of 1998. Effective July 22, 2014, the Workforce Investment Act was
replaced by the Workforce Innovation and Opportunity Act ("WIOA"). The new legislation is intended to
make state and local workforce development boards better positioned to meet local and regional
employers' workforce needs. The WIOA requires local Workforce Development Boards to coordinate and
align work programs in order to provide coordinated, complimentary and consistent services to job
seekers and employers. In turn, each county in a region is required to enter into new Interlocal
Agreement to establish a Workforce Consortium and a Workforce Development Board to comply with the
new federal legislation. The Treasure Coast Region has been revised to include only Indian River County,
Martin County and St. Lucie County. The attached Interlocal Agreement will terminate the existing
Interlocal Agreement and incorporate the new provisions required under the WIOA.
PREVIOUS ACTION:
On December 16, 1999, the Board of County Commissioners approved an Interlocal Agreement with
Indian River County, Martin County, and Okeechobee County which established the Treasure Coast
Workforce Consortium.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners approve the proposed Interlocal Agreement for
the Treasure Coast Workforce Consortium, and authorize the Chairman to sign the agreement.
COMMISSION ACTION:
Packet Pg. 28
8.C.2
Coordination/Signatures
ianiiey'S. McIntyre, CAtorney 1/12/2016
updated: 1/12/2016 3:01 PM by Heather Young Page 2
Packet Pg. 29
8.C.2.a
INTERLOCAL AGREEMENT AMONG INDIAN RIVER,
MARTIN, AND ST. LUCIE COUNTIES ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST
THIS INTERLOCAL AGREEMENT, is made and entered into pursuant to the authority of Section
163.01, Florida Statutes, by and between Indian River County, Martin County and St. Lucie County, each a
political subdivision of the State of Florida.
WITNESSETH:
WHEREAS, Public Law 113-128, enacted by the Congress of the United States effective July 22,
2014, which act is known as the "Workforce Innovation and Opportunity Act" (hereinafter called the
"W IOX), the purpose of which is to help job seekers access employment, education, training, and support
services to succeed in the labor market and to match employers with the skilled workers they need to
compete in the global economy; and
WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends
the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973;
and
WHEREAS, the WIOA makes state and local boards more agile and well -positioned to meet local
and regional employers' workforce needs; and
WHEREAS, the WIOA maintains a Governor's ability to identify regions within his or her state by
aligning local areas into regions for coordinated planning and service delivery strategies and further
provides that a consortium of units of general local government may constitute such a workforce planning
area; and
WHEREAS, WIOA promotes alignment of workforce development programs with regional
economic development strategies to meet the needs of local and regional employers; and
WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires
that its county be included in a regional workforce development system for its citizens to benefit from the
WIOA; and
WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to coordinate and I—
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align workforce programs to provide coordinated, complementary, and consistent services to job seekers Ci
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and employers; and ono
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WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the
region to appoint members to the WDB in accordance with the WIOA and an agreement entered into by
the Board of County Commissioners of each county; and
WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of
County Commissioners of each county in the region, to determine procedures and select an entity to
develop a workforce development strategic plan, and select a grant recipient and entity to administer the
plan; and
WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of
County Commissioners of each county in the region.
NOW, THEREFORE, the parties hereto agree as follows:
Repeal of Existing Interlocal Agreements
Any and all prior existing interlocal agreements establishing the Treasure Coast Workforce
Consortium and the Workforce Development Board of the Treasure Coast between the parties and
Okeechobee County are hereby repealed upon the effective date of this Agreement.
2. Establishment of Treasure Coast Workforce Consortium
There is hereby established a multijurisdictional arrangement (hereinafter called the "Treasure
Coast Workforce Consortium") among all the parties hereto for the express purpose of collectively
carrying out the individual responsibilities of each party to this Agreement under the WIOA. The Treasure
Coast Workforce Consortium shall consist of three (3) members. The Chairman of the Board of County
Commissioners of each county shall serve as his/her County's representative on the Treasure Coast
Workforce Consortium; however, provided that any such Chairman of a Board of County Commissioners
may designate another member of his/her County Commission to attend meetings of the Treasure Coast
Workforce Consortium on his/her behalf, and any such designated member of a County Commission shall
have full voting rights and privileges.
3. Identification of Parties to this Aareement
Each of the parties to this Agreement is a county of the State of Florida, and as such is a general
purpose political subdivision which has the power to levy taxes and spend funds, as well as general
corporate and police powers. The governing body of each of the parties to this Agreement is its Board of
County Commissioners and each party to this Agreement is identified as follows:
Name Address
Board of County Commissioners 1801 27th Street
Indian River County, Florida Vero Beach, FL 32960
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8.C.2.a
Board of County Commissioners
Martin County, Florida
Board of County Commissioners
St. Lucie County, Florida
2401 S.E. Monterey Road
Stuart, FL 34996
2300 Virginia Avenue
Fort Pierce, FL 34982
4. Geographical Area to be Served by this Agreement
The geographical areas which will be served by this Agreement are the entire geographical areas
of each of the three (3) member counties, which geographical areas are legally described in Chapter 7,
Florida Statutes, and for purposes of this Agreement, shall be known as the Treasure Coast.
5. Size of Population to be Served
The population of the three county area to be served by this Agreement is 571,821 based upon
the population projections for 2014 prepared by the Florida Department of Economic Opportunity, Bureau
of Labor Market Statistics.
6. Agreement Not Prohibited by Law
This Agreement is not prevented by State or local law from taking effect in the entire geographical
area which it intends to serve.
7. Responsibilities of Treasure Coast Workforce Consortium
The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium:
(1) to appoint the members of the Workforce Development Board of the Treasure Coast, in
accordance with Section 107 of Title I of the WIOA and Section 9 of this Agreement, which shall serve the
functions described in Section 107 of Title I of the WIOA; and
(2) to enter into an agreement or agreements with the Workforce Development Board of the
Treasure Coast, herein named WIOA grant recipient and administrative entity for the development of the
WIOA plan as described in Section 108 of Title I of the WIOA; and
(3) to review and approve all WIOA plans prepared under Section 108 of Title I of the WIOA
and jointly submit, along with the Workforce Development Board of the Treasure Coast, said plans to the
Governor; and
(4) to perform any other appropriate duties necessary for the accomplishment of and
consistent with the purposes of this Agreement and the WIOA.
8. Quorum and Voting
At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a majority
of the whole Treasure Coast Workforce Consortium shall be necessary and sufficient to constitute a
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8.C.2.a
quorum for the transaction of business. At all meetings of the Treasure Coast Workforce Consortium at
which a quorum is present, all matters shall be decided by the vote of a majority of the members of the
Treasure Coast Workforce Consortium.
9. Establishment, Composition, and Appointment of the Workforce Development Board
There is hereby established a Workforce Development Board, which shall be constituted in
accordance with the requirements of Section 107 of Title I of the WIOA and this Section 9 of this
Agreement (hereinafter called the "Workforce Development Board of the Treasure Coast"). The initial
number of members of the Workforce Development Board of the Treasure Coast shall be twenty-one (21).
Thereafter, the number of members of the Workforce Development Board shall be determined by the
Workforce Development Board.
Members shall be appointed for fixed and staggered terms and may serve until their successors
are appointed. After the initial staggered terms, terms of Workforce Development Board members shall
be three (3) years. Any vacancy in the membership of the Workforce Development Board shall be filled in
the same manner as the original appointment. Members may be reappointed for successive terms if the
sponsoring organization agrees. Any member of the Workforce Development Board may be removed for
cause in accordance with procedures established by the Workforce Development Board.
A majority of the Workforce Development Board shall be representatives of the private sector,
who shall be owners of businesses, chief executives or chief operating officers of businesses, and other
business executives or employers with optimum policy -making or hiring authority or who represent
businesses with employment opportunities that reflect the employment opportunities of the local area.
Private sector nomination, and the individuals selected by the Treasure Coast Workforce
Consortium from such nominations, shall reasonably represent the industrial and demographic
composition of the business community. The Chairman of the Workforce Development Board shall be
selected from among members of the Board who are representatives of the private sector.
The private sector representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals nominated by general-purpose business
organizations, such as chambers of commerce, economic development agencies, business councils, and
business trade organizations, as follows:
(1) All nominations to the Workforce Development Board must be the CEO, or manager or
equivalent of their organization whether private or public.
(2) The education representatives on the Workforce Development Board shall be selected by ii
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the Treasure Coast Workforce Consortium from individuals nominated by regional or local educational
agencies, institutions or organizations representing such local educational entities.
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8.C.2.a
(3) The labor representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals nominated by local labor organizations.
(4) The rehabilitation agency representatives on the Workforce Development Board shall be
selected by the Treasure Coast Workforce Consortium from the individuals nominated by local
rehabilitation agencies.
(5) The community -based organization representatives on the Workforce Development
Board shall be selected by the Treasure Coast Workforce Consortium from the individuals nominated by
local community -based organizations.
(6) The economic development agency representatives on the Workforce Development
Board shall be selected by the Treasure Coast Workforce Consortium from the individuals nominated by
local economic development agencies.
(7) The one -stop representatives on the Workforce Development Board shall be selected by
the Treasure Coast Workforce Consortium from individuals representing one -stop partners.
(8) Other individuals or representatives of other entities may be included as the Workforce
Development Board may determine to be appropriate and are so appointed by the Treasure Coast
Workforce Consortium.
10. Workforce Development Area Designation.
Pursuant to the designation by the Governor, the three (3) counties constituting the Treasure
Coast Workforce Consortium shall be the Treasure Coast Workforce Development Region, previously a
substate service delivery area under the Workforce Innovation Act, as provided for in Section 107 of Title I
of the WIOA for the geographical area covered by this Agreement.
11. No Local Funds Required of Counties
No funds will be mandated from the treasuries of any of the parties to this Agreement for
implementation of the WIOA, it being the intent hereof that all funding of the WIOA shall be accomplished
entirely by grants pursuant to the WIOA and any other available State or Federal grants.
12. Duration of Agreement
This Agreement shall have the duration equal to the period that the Treasure Coast Workforce .64
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Development region designation remains in effect for the geographical area covered by this Agreement.
Any party to this Agreement may withdraw from this Agreement by passing a resolution to such effect and
providing thirty (30) days notice to the other parties to this Agreement. However, the validity, force, and is
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effect of this Agreement shall not be affected by the withdrawal of one (1) or more parties to this
Agreement.
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8.C.2.a
13. Effective Date '
E
This Agreement shall be effective when executed by the parties hereto and when a copy of this -
Agreement has been filed with the Clerks of the Circuit Courts of the respective counties. c
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement.
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DULY EXECUTED by INDIAN RIVER COUNTY this day of 0
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BOARD OF COUNTY COMMISSIONERS - INDIAN RIVER COUNTY, FLORIDA 0
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Jeffrey R. Smith, Clerk of the Circuit Court Wesley S. Davis, Chairman
And Comptroller
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Approved as to form and legal sufficiency: M
Dylan Reingold, County Attorney r
DULY EXECUTED by MARTIN COUNTY this day of
BOARD OF COUNTY COMMISSIONERS - MARTIN COUNTY, FLORIDA
Carolyn Timmann, Clerk of the Circuit Court Anne Scott, Chair
and Comptroller
Approved as to form and legal sufficiency:
Michael D. Durham, County Attorney
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8.C.2.a
DULY EXECUTED by ST. LUCIE COUNTY this day of 120
BOARD OF COUNTY COMMISSIONERS - ST. LUCIE COUNTY, FLORIDA
Deputy Clerk of the Circuit Court Kim Johnson, Chairman
Approved as to form and legal sufficiency:
County Attorney
T:\LEG\legal\wpfiles\evIWDM\Treasure Coast Workforce Consortium Interlocal Agreement (11-10-15).doc
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8.C.3
ITEM NO. (ID # 3311)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Heather Young, Asst. County Attorney
County Attorney
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
St. Lucie County Jail - MOU with State of Florida Department of Health and
Sheriff for HIV/STD Counseling
Attached to this agenda item is a copy of a proposed Memorandum of Agreement with the Florida
Department of Health in St. Lucie County and the St. Lucie County Sheriff which provides for the
Department of Health to offer HIV/STD risk reduction counseling, education and testing to high risk
inmates at the St. Lucie County Jail. The goal of the program is to reduce the number of people at risk for
these diseases in the County. The proposed MOU identifies the duties of the Health Department as well
as the Sheriff as the operator of the jail. The County is included as a party to the MOU as the owner of the
facility. The term of the MOU will run retroactively from January 1, 2016 through and including December
31, 2016.
PREVIOUS ACTION:
On March 3, 2015, the Board of County Commissioners approved the 2015 Memorandum of
Understanding with the Florida Department of Health in St. Lucie County and the St. Lucie County Sheriff
for calendar year 2015.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board approve the proposed Memorandum of Agreement with the Florida
Department of Health in St. Lucie County and the St. Lucie County Sheriff, and authorize the Chairman to
sign the Memorandum of Agreement.
COMMISSION ACTION:
Packet Pg. 37
8.C.3
Coordination/Signatures
-T-4 6 -��
Heather Young, Asst. County Attorney 2/29/2015
Updated: 1/12/2016 11:43 AM by Katrina Slay Page 2
Packet Pg. 38
8.C.3.a
Mission: - Rick Scott
To protect, promote & improve the health Governor -
bt all people in Florida lhniWh Integrated
state, county.& community efforts, John H. Armstrong, MD, FACS
EALTH State Surgeon General & Secretary
Vision; To be the Healthiest State In the Nation
MEMORANDUM OF AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF HEALTH.
IN ST. LUCIE COUNTY'
AND THE
ST. LUC.IE COUNTY JAIL
January 1, 2016 — December 31, 2016
The Florida iepartment of Health In St. Lucie County, hereinafter referred to .as the "Department" and
the St'. Lucie County Sheriff, hereinafter referred to, as the "Sheriff",, enter into this agreement in order
to identify disease,, educate high -risk populations and reduce behaviors or practices that 'place. persons
at risk for HIV, or, other -Sexually Transmitted Diseases.
„ The goal of this agreement is to reduce the number of people at risk for HiV, or other Sexually
Transmitted Diseases in the. St. Lucie County Community: This agreement's provision of risk
reduction counseling, education, and testing to the incarcerated targeted high -risk population', including
pregnant women is designed ao achieve the goal as stated. .
Additionally, this agreement will ensure collaboration and linkages within the community and. health:
related organizations to ensure that appropriate intervention and care is available and consistently
maintained.
The Department; agrees to furnish and/or provide the Sheriff with the following:_
1. Confidential HiV & STD counseling & testing,. education, referral and linkage services.
2 Urine and blood collection for Gonorrhea, Chlamydia.and Syphilis and HtV as,oppropriate',
to be performed by the :Department's Jail Linkage Coordinator and/or other Jail
Linkage/TOPWA (Targeted. Outreach for Pregnarit'Women ACT) Staff assigned and
approved to perform these services within the Jail.
3. Transporting of HIV and STD Specimens to the Department's Laboratory,
4. Educational br.'ochufes and pamphlets. -
--Z.,-Copies of monthly progress reports..
6: Immediate written notification of any staff changes -made by the department:"
The Sheriff agrees to furnish and/or provide the Department with the following:
m
1. Provide space and time for confidential HIV and STD counseling, testing and educational is
sessions for male and female inmates. M
2. Training for Jail Linkage and TOWPA (Targeted Outreach for Pregnant Women Act) staff 6
representing the department on Rules of Conduct while performing duties within the Jail.
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8.C.3.a
3. Allow HIV/STD and other Department Program 'Brochures and information to, be placed into
Inmate.Property Bags making this information available to inmate on their release from
incarceration,
4.` "Continue to provide STD screenings and treatment to symptomatic clients. .
5. Continue to. report all reportable diseases to the appropriate programs within the department.
6. Allow the airing of HIV and other Department. Program information on the St. Lucie: County Jail
PSA Informational Screen, looping and consistently airing this information to inmates.
7. .Automatic referrals to Specialty Programs such as TOPWA (Targeted Outreach for Pregnant
Women ACT) in accordance with an accepted referral mechanism (Flow Chart),.
8. Utilize the Universal Referral Form provided by the department -for all referrals made by the St.
Lucie County Jail.
The Department and Sheriff have further agreed that the attached Flow Chart represents the
mechanism by which referrals within this agreement shall be carried out including, the proper forms
to be utilized:
SECURITY: Both parties will follow applicable professional standards of practice and relevant state
and federal law with respect to client confidentiality in 9 manner consistent with the requirements of
Department of Health Information Security Policies, Protocols and Procedures, 1999=2000, as
amended, Where applicable, both parties will comply with the Health Insurance Portability
Accountability Act. The Department and the Sheriff shall maintain confidentiality of all data, files,
and records including client records related to services provided pursuant to this agreement and
shall comply with state and federal laws, including' but not limited to; Sections 384.29, 381.004,
392.65 and 455.667, Florida Statutes.
In the event that funds and/or materials to finance this agreement .become unavailable, the
department may terminate this, agreement by providing a minimum of twenty-four (24) hours'notice
in writing to the Sheriff.
This agreement may be terminated by either party no less than 30 days notice without cause,
unless a lesser time is mutually agreed upon by both parties. Termination with cause (breach of
agreement) may result ri a lesser time, determine&by both parties: Said notice shall be delivered
by Federal Express, or in person with proof of delivery.
The County Health Department may, by written. notice to Provider, terminate this. Agreement,
immediately for Provider breach of any agreement with the County Health. Department.:
This agreement is subject to annual renewal based upon the availability of funding and satisfactory
performance by all parties.
All changes to this agreement shall be made by written amendment signed and authorized by both
parties:. -
The Department's contact is Dawn P. Jones, HIV/AIDS Program Director (772) 462-3925.
Florida Department of Health
St. Lucie county
6150;NW Miner Me
..Port 5t.' Cade, EL 34983.3392.
PHONE: T72M62 380U
FAX- 77ZB73-4941
www.FloddasHealthxom
7WITTERNealthyFLA
FACEBOOK-RDepadmentoMealth
YOUTUBE ildoh
Packet Pg. 40
In witness thereof, the parties have caused thisagreement to be executed by the undersigned
officials as duly authorized.
-ST.LUCIE COUNTY SHERIFF
Signature
Name
Title -
Date
ST LUCIE COUNTY
BOARD, OF COUNTY COMMISSIONERS
CHAIRMAN
Signature
Name
FLORIDA- DEPARTMENT
OF HEALTH IN
ST. LUCIE. COUNTY
Signature
Name
Ad W."St(ctv k
Title
Date
Florida Department of Health
St. Lucia County
5150 NW Milner Me
www:Ft.o.ridusHoulth.com
Pod SL Lude, FL 349M3392
TWITTERNeallyFLA
PHONF-7 - 121462-UOO
FACE80OULDepadmentofflealth
FAX 772J873-041
YOUTUBE: fidoh
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8.C.3.b
ST. LUCIE COUNTY JAIL INMATE REFERRAL & LINKAGE FLOW CHART
For JAIL LINKAGE AND TOPWA PROGRAMS
Inmate Enters the St.
Lucie County Jail
through Booking
1
• Inmate proceeds through medical intake during booking and completes required
medical and consent forms
• Inmate is given information brochures on Department of Health Programs and
other community resources.
• Inmate is asked to sign Health Department in St. Lucie County consent to fax
confidential information form and authorization to disclose confidential
information form as part of medical intake packet.
FEMALES
MALES
Proceed through medical exam by jail Proceed through medical exam by jail
medical staff (Mandatory Pregnancy Test) medical staff
Pregnant Not Pregnant
Jail medical staff will give
inmate TOPWA program
Information, complete a
Universal Referral Form and
signed release forms. The
information will be secured in a
TOPWA referral folder and
Picked up by TOPWA or Jail
Linkage Coordinator.
TOPWA staff will
offer HIV/STD testing,
education and enroll
pregnant inmates into
program. TOPWA will
provide follow up
linkage services post
release.
Receive HIV/STD education by jail linkage staff and
can be voluntarily tested for HIV and other STDs.
(HIV test may be requested by jail physician should
inmate show signs of HIV infection.) Medical staff
Must Complete Universal Referral Form accompanied
by the authorization to release confidential
information form signed by inmate in order to release
test results to jail medical)
Recipro r errals for
HIV T esting and Education
Referrals, linkages and
information on external
programs and services will
be provided
Packet Pg. 42 1
8.C.4
ITEM NO. (ID # 3313)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Heather Young, Asst. County Attorney
County Attorney
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Amending Subsection 7.10.03.A. - Increasing Number of Dogs and Cats in
Residential Dirstricts
Subsection 7.10.03.A of the Land Development Code currently limits the number of dogs and cats over
the age of four (4) months in residentially zoned districts to a total of three (3) animals. The Animal
Shelter Standards Committee is recommending that this number be increased to five (5). Based upon the
professional experience of its members, the Committee determined this is a more realistic number for
responsible pet owners. This amendment would be consistent with the ordinances of the City of Fort
Pierce and the City of Port St. Lucie. A copy of the proposed ordinance providing for this increase is
attached to this agenda item.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board grant permission to advertise the proposed ordinance for public hearing
before the Planning and Zoning Commission on February 18, 2016 at 6:00 p.m., or as soon thereafter as
may be heard, and two public hearings before the Board on dates to be determined.
COMMISSION ACTION:
Packet Pg. 43
8.C.4
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 1/12/2016
Updated: 1/14/20164:07 PM by Katrina Slay Page 2
Packet Pg. 44
8.C.4.a
ORDINANCE NO. 2016-XX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST.
LUCIE COUNTY, FLORIDA, AMENDING SUBSECTION 7.10.03.A (ANIMALS
IN RESIDENTIAL DISTRICTS) OF THE ST. LUCIE COUNTY LAND
DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF DOGS
AND/OR CATS FOUR (4) MONTHS OF AGE OR OLDER FOR ANY
DWELLING UNIT FROM THREE (3) TO FIVE (5); PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF
STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
PROVIDING FOR CODIFICATION
WHEREAS, the Animal Shelter Standards Advisory Committee has recommended to the Board of
County Commissioners of St. Lucie County, Florida, that Subsection 7.10.03.A of the Land Development
Code be amended to increase the number of dogs and/or cats over the age of four (4) months permitted
per dwelling unit in residential districts from three (3) to five (5); and,
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony
and evidence, including but not limited to the staff report, has made the following determinations:
1. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and,
2. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and
resolution necessary for the exercise of its powers and to prescribe fines and penalties for the violations
of ordinances in accordance with law.
3. On XX XX, 2016, the Planning and Zoning Commission held a public hearing on the proposed
ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing
and recommended that the proposed ordinance be adopted.
4. On XX, XX, 2016, this Board held its first public hearing on the proposed ordinance, after
publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance.
5. On XX XX, 2016, this Board held its second public hearing on the proposed ordinance, after
publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance.
Underlined words are added.
Struck thrA-L+g4 words are deleted.
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8.C.4.a
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
PART A. The specific amendments to the St. Lucie County Land Development Code are as follows:
CHAPTER VII. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.10.03. Animals in Residential Districts.
A. Except as provided in this Section, no animals shall be kept in any residential district
except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any
residential district, no more than a total of tree (3) five 5 dogs and/or cats four (4) months or older shall
be allowed for each dwelling unit.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect on the date of adoption.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Underlined words are added.
Struck three .,h words are deleted.
2
Packet Pg. 46
8.C.4.a
Commissioner Kim Johnson, Chairman XX
Commissioner Chris Dzadovsky, Vice Chairman XX
Commissioner Tod Mowery XX
Commissioner Paula A. Lewis XX
Commissioner Frannie Hutchinson XX
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this XX day of XX, 2016.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
Underlined words are added.
54-urs, +hregug words are deleted.
3
County Attorney
Packet Pg. 47
8.C.5
ITEM NO. (ID # 3319)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
SUBJECT: Permission to Advertise - Amending Section 38-27 "Registration of
Abandoned Real Properties" of the Code of Ordinances and Compiled Laws
of St. Lucie County.
BACKGROUND:
Attached is a copy of a draft ordinance, which would amend Section 38-27 "Registration of Abandoned
Properties" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida.
The ordinance was enacted in 2010 to require mortgagees to register abandoned properties upon the
filing of a lis pendens or the initiation of a foreclosure action. Registration includes information about the
property, the property owner, the mortgagee and the local agent. Properties subject to this ordinance
are required to be inspected on a monthly basis and maintained in compliance with St. Lucie County
Codes. The original ordinance had a sunset clause of 2013 with the expectation that times would
improve. Ordinance No. 13-035 was adopted by the Board on July 2, 2013 extending the effective date of
this ordinance to January 1, 2016. Due to the current number of foreclosures, staff would like to extend
the ordinance to January 1, 2019.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing
on Tuesday, February 9, 2016 at 6:00 pm or as soon thereafter as the item may be heard.
COMMISSION ACTION:
Packet Pg. 48
8.C.5
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 1/13/2016
Updated: 1/12/2016 11:36 AM by Katrina Slay Page 2
Packet Pg. 49
8.C.5.a
ORDINANCE
AN ORDINANCE AMENDING SECTION 38-27 OF THE ST. LUCIE
COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY
AMENDING SECTION 38-27(E) "SUBSEQUENT REVIEW AND
SUNSET PROVISION"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise
of its powers and prescribe fines and penalties for the violation of ordinances in accordance
with law; and
WHEREAS, recent events in the housing market have led to a drastic rise in the number
of foreclosed properties in unincorporated St. Lucie County, Florida; and
WHEREAS, many of these properties are vacated prior to the conclusion of the
foreclosure process, leaving the properties unoccupied for extended periods of time awaiting
foreclosure sale, often creating an unattractive public nuisance; and
WHEREAS, many of these vacant and abandoned properties are in violation of multiple
aspects of state law and local ordinances, including, among other violations, open structures,
yards full of junk, trash and debris, unlocked houses, overgrown grass and bushes, and
unsecured swimming pools that are not only a threat to children but become breeding grounds
for infectious insects such as mosquitos; and
WHEREAS, the Board of County Commissioners of St. Lucie County finds that mortgagees
have an interest in maintaining vacant and abandoned real property subject to the terms of
each mortgage; and
WHEREAS, these mortgagees are often located out of state, making it difficult to notify
the mortgagees of violations of the codes and ordinances of unincorporated St. Lucie County;
and
WHEREAS, the Board of County Commissioners of St. Lucie County desires to protect the
public health, safety and welfare of the citizens of St. Lucie County and maintain a high quality
of life for the citizens of St. Lucie County; and
WHEREAS, the Board of County Commissioners of St. Lucie County finds that the
registration of vacant and abandoned real properties that have been foreclosed upon or are the
subject of foreclosure actions will protect against the devaluation caused by vacant and
abandoned properties, and is in the best interest of the public health, safety and welfare; and
WHEREAS, the Board of County Commissioners of St. Lucie County finds that abandoned
Packet Pg. 50
8.C.5.a
real property is unsightly, unsafe and has a negative impact on the community. The Board of
County Commissioners of St. Lucie County hereby declares that all abandoned real property in
unincorporated St. Lucie County that has been foreclosed upon or is the subject of foreclosure
actions or proceedings is a public nuisance, the abatement of which, pursuant to the County's
police power, is hereby declared to be necessary for the health, safety and welfare of the
citizens of St. Lucie County; and
WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public
safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (1)
identifying the vacant properties, (ii) requiring all mortgagees, including lenders, trustees, and
service companies, to register abandoned properties that have been foreclosed upon or are the
subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of
abandoned properties that have been foreclosed upon or are the subject of foreclosure actions
or proceedings, to prevent blighted and unsecured residences; and
WHEREAS, the Board of County Commissioners would like to extend the effective date
of the ordinance to January 1, 2016.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
Part A. Section II. Abandoned Property, Garbage, Trash, Junk and Debris, of Chapter 1-
9, "Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County,
Florida, is amended as follows:
Section 38-27 Registration of Abandoned Real Properties
(a) through (d) remain the same
(e) Subsequent Review and Sunset Provision
Pursuant to this ordinance, this abandoned real property registration system is
being added for the health, safety and welfare of the citizens of St. Lucie County during difficult
economic times in St. Lucie County., This ordinance shall be repealed on da,uary 1, 2January
1, 2019 unless the Board takes action to extend. Nothing in this section shall prevent the Board
from taking action sooner.
(f) Remains the same
-2-
Underlined passages are added.
Stpuek thp-eug: passages are deleted.
Packet Pg. 51
8.C.5.a
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
Ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If
this Ordinance or any provision thereof shall be held to be inapplicable to any person, property
or circumstance, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
Part E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby forthwith to send a certified copy of this Ordinance to the
Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida
32304.
PART F. EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PART G. ADOPTION.
After motion and second, the vote on this Ordinance was as follows:
Chairman Kim Johnson XXX
Vice Chairman Chris Dzadovsky XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
-3-
Underlined passages are added.
#kreagh passages are deleted.
Packet Pg. 52
8.C.5.a
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code of
Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that parts B
through F shall not be codified.
PASSED AND DULY ADOPTED this
/_,%a1*116
day of 12016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
-4-
Underlined passages are added. Stpuek thp-eug: passages are deleted.
Packet Pg. 53
8.C.6
ITEM NO. (ID # 3329)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
County Owned Tax Deeds - Transfer to City of Port St. Lucie
On March 20, 2012, the Board of County Commissioners authorized staff to initiate Tax Deed Applications
for properties that had an assessed value of $5,000 or more.
On November 19, 2012, the Clerk of the Circuit Court offered the six parcels for sale via Internet Auction
and there were no bidders. Pursuant to Section 197.502(7) the six parcels were placed on the "lands
available for taxes." Pursuant to Section 197.502(8) three years after the day the land was offered for
public sale, the land shall escheat to the County in which it is located.
On December 22, 2015, the six parcels escheated to St. Lucie County and the Escheatment Tax Deeds
were recorded on January 7, 2016, please see attached. Pursuant to Florida Statute 197.592(3) which in
part states "Lands acquired by any County of the State for delinquent taxes in accordance with law which
have not been previously sold, acquired for infill housing, or dedicated by the Board of County
Commissioners, which the Board of County Commissioners has determined are not to be conveyed to the
record fee simple owner in accordance with the provisions of subsections (1) and (2), and which are
located within the boundaries of an incorporated municipality of the County shall be conveyed to the
governing board of the municipality in which the land is located".
PREVIOUS ACTION:
March 20, 2012 - Board of County Commissioners authorized staff to initiate Tax Deed Applications for all
properties subject to a County owned Tax Certificate two years or older which had an assessed value of
$5,000 or more.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board authorize the Chairman to sign the County Deed transferring six parcels
to the City of Port St. Lucie and record the County Deed in the Public Records of St. Lucie County.
Packet Pg. 54
8.C.6
COMMISSION ACTION:
Coordination/Signatures
!anie S. torney 1/14/2016
Updated: 1/13/2016 3:12 PM by JoAnn Riley Page 2
Packet Pg. 55
8.C.6.a
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
SUBJECT: County Owned Tax Certificates
Permission to Initiate Tax Deed Application Process
BACKGROUND: See an attached Memorandum
FUNDS AVAILABLE: Funds will be made available in:
001-1900-531000-390016 (Professional Services)
001-1900-549000-390016 (Advertising)
001-1900-542000-390016 (Postage)
PREVIOUS ACTION: N/A
ITEM NO. VI-B-1
DATE: March 20, 2012
REGULAR[]
PUBLIC HEARING
Leg. [ ] Quasi -JD [ ]
CONSENT [x]
PRESENTED BY:
1oAnn Riley
Property Acquisition Manager
RECOMMENDATION: Staff recommends that the Board authorize staff to initiate Tax Deed Applications for all
properties subject to a County owned Tax Certificate two years or older which has an
assessed value of $5,000 or more.
COMMISSION ACTION:
`j APPROVED [ ] DENIED
[ ] OTHER
Approved 4-0
Comm. Hutchinson Absent
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[xJ County Attorney: [ J Public Works:
Daniel S. McIntyre Don West
[x] Originating Dept: JAL [ ] Road & Bridge:
1oAnn Riley Don Pauiey
S:\ACQ\WP\Tax Deeds\2012\Agenda Request.wpd
(] County Surveyor:
f�, RorAH/arris
Ix] OMB: f d 1� vl f `1
Marie Gouin
Packet Pg. 56
Parcels Escheated to St. Lucie County o 25 50 �5 ,00
ON= Aerial flown 2014
Feet Map prepared Jan12, 2016
8.C.6.c
DR-506E
Tax deed file no. 12 - 9 9 R. 12106
Property identification no
4401-803-0001-000-5
ESCHEATMENT TAX DEED
State of Florida
County of SAINT LUCIE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
SAINT LUCIE COUNTY
FILE # 4147933 01 072016 at 11:57 AM
OR BOOK 3824 PAGE 2,502 - 2502 Doc Type: TXDEED
RECORDING: $10.00
For official use only
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
including governmental liens, which liens are deemed canceled pursuant to said statute.
Now, on this 22ND DAY OF DECEMBER , 20is, the undersigned clerk conveys to
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any hind and description,
the following legally described land situated in SAINT LUCIE County, Florida.
EAST LAKE VILLAGE NO.4 (PE 56--33) TRACT C2--A (0.22 AC)(OR 2008-2746;
2368-1130)
Witneo S-7
. r M--
G T
RISTEN TRABULSY
State of Florida
County of SAINT LUCIE
On this 22ND DAY OF DECEMBER 2015 , before me personally appeared
LUCERO CARRILLO , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
RIgGAS, Notary Public
MY COMMISSION i FF93553
EXPIRES: October 12, 2019
Bonded Ttnu NotWPubWUM@ryr6ters
Packet Pg. 58
8.C.6.c
Tax deed file no.
Property identification no
12-100
DR-506E
R. 12/06
4401-803-0002-000-2
ESCHEATMENT TAX DEED
County of
State of Florida
SAINT LUCIE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
SAINT LUCIE COUNTY
FILE 4 4147934 01;07 2016 at 11:57 AM
OR BOOK 3824 PAGE 2803 -'_803 Doc Type: TKDEED
RECORDING: $10.00
For official use only
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
including governmental liens, which liens are deemed canceled pursuant to said statute.
Now, on this 22ND DAY OF DECEMBER , 20is, the undersigned clerk conveys to
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any kind and description,
the following legally described land situated in SAINT LUCIE County, Florida.
EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C2-B (0.55 AC) (OR 2008-2746;.
2368-1130)
Witness:
State of Florida
County of
SAINT LUCIE
On this 22ND DAY OF DEC'.EMBER , 2015 , before me personally appeared
LUCERO CARRILLO , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
RIGG1,N8, Notary Public
ANGELA RIGGIN5
EXPIRES: October 12, 2019
Bonded Thru Notary Pubrre VnderwOrs
Packet Pg. 59
8.C.6.c
Tax deed file no. 12 -101 DR-506E
R. 12/06
Property identification no. 4 4 01- 8 0 3- 0 0 0 3- 0 0 0- 9
ESGHEATMENT TAX DEED
County of
State of Florida
SAINT LUCIE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
SAINT LUCIE COUNTY
FILE 9 4147935 01 07 2016 at 11 57 AM
OR BOOK 3824 PAGE 2804 - 2804 Doc Type: TXDEED
RECORDING: $10.00
For official use only
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
including governmental liens, which liens are deemed canceled pursuant to said statute.
Now, on this 22ND DAY OF DECEMBER , 20is, the undersigned clerk conveys to
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any kind and description,
the following legally described land situated in SAINT LUCIE County, Florida.
EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C2-C (0.68 AC) (OR 2008-2746;
2368-1130)
Witness. _
KRISTEN TRABULSY
State of Florida
County of
SAINT LUCIE
CI rk of Court or Couhty Compfrotlel�
AINT LUCIE County
On this 22ND DAY OF DECEMBER 2015 , before me personally appeared
LUCERO CARRILLo , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
INS, Notary Public
MY COMMISSION x FF 926553
EXPIRES: October 12, 2019
8011dad lhru Notary Pubhu Underwriters
Packet Pg. 60
8.C.6.c
Tax deed file no,
12-102
DR-506E
R. 12106
Property identification no. 4401-803-0005-000-3
ESCHEATMENT TAX DEED
State of Florida
County of SAINT LUCIE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
SAINT LUCIE COUNTY
FILE 4 4147936 0i 072016 at 11:57 AEA#
OR BOOK 3824 PAGE 2805 - 2805 Dac Type: TXDEED
RECORDING: $10.00
For official use only
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
including governmental liens, which liens are deemed canceled pursuant to said statute,
Now, on this 22ND DAY OF DECEMBER , 20 15 , the undersigned clerk conveys to
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any kind and description,
the following legally described land situated in SAINT LUCIE County, Florida.
EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-A (0.19 AC) (OR 2008-2746;
2368-1130)
Witness
AP
K ISTEN TRABULSYY
State of Florida
County of
SAINT LUCIE
On this 22ND DAY OF DECEMBER 2015 , before me personally appeared
LUCERO CARRILLO , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
ANGELA I- INS, Rotary Public
ANULLAMWIN
,..:
MY COMMISSION 0 FF R26553
• EXPIRES: October 12, 2019
os Bonded Thru hbtary Pudc VnderfAens
Packet Pg. 61
N
8.C.6.c
DR-506E
Tax deed file no. 12 -10 3 R. 12/06
Property identification no. 44 01- 803 - 0 0 06 - 0 0 0 - 0
ESCHEATMENT TAX DEED
State of Florida
County of SAINT LUCIE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
SAINT LUCIE COUNTY
FILE # 4147937 01; 07,2016 at 1, 1 57 AM
OR BOCK 3824 PAGE 2806 - 2806 Dec Type: TXDFED
RECORDING: $10.00
For official use only
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
including governmental liens, which liens are deemed canceled pursuant to said statute.
Now, on this 22ND DAY OF DECEMBER , 20_15_, the undersigned clerk conveys to
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any kind and description,
the following legally described land situated in SAINT LUCIE County, Florida.
EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-B (0.49 AC) (OR 2008-2746;
2368-1130)
Witness
s
R A
KRIS AEULSY
State of Florida
County of
SAINT LUCIE
erk of Court or County Comptroller
SAINT LUCIE Coul
On this 22ND DAY OF DECEMBER , 2015 , before me personally appeared
LUCERO CARRILLO , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
RIB S, Notary Public
ANGELARIGGIN5
N
3
J
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EXPIRES: October 12, 2019
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Packet Pg. 62 1
8.C.6.c
DR-506E
Tax deed file no. 12 -104 R. 12106
Property identification no
4401-803-0007-000-7
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUF
COUNTY
ESCHEATMENT TAX DEED FILE #T414793E8OVOT2C36at1157Atvi
OR BOOK 3824 PAGE 2307 - 2807 Doc Type: TXDEED
RECORDING: $10.Q0
State of Florida
County of SAINT LUCIE
0
a-
4-
0
For official use only
r
This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have
c
passed from the day the subject land was offered for public sale and placed on the list of "lands
available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been
purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to
the County free and clear of any and all tax certificates, tax liens or any other liens of record,
,
including governmental liens, which liens are deemed canceled pursuant to said statute.
Now, on this 22ND DAY of DECEMBER , 20is, the undersigned clerk conveys to
0
X
SAINT LUCIE County through its Board of County Commissioners, whose
address is 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA, 34982
together with all hereditaments, buildings, fixtures and improvements of any kind and description,
o
the following legally described land situated in SAINT LUCIE County, Florida.
0
U
EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-C (0.65 AC) (OR 2008-2746;
rn
2368-1130)
N
M
Witnes�j.
GAR 2R,kHL
KRISTEN TRABULSY
State of Florida
County of
SAINT LUCIE
V xv�
erk of Court drCounty Comptroller
SAINT LUCIE Coul
On this 22ND DAY OF DECEMBER 2015 , before me personally appeared
LUCERO CARRILLO , Clerk of the Circuit Court or County Comptroller
in and for the State and this County who is known to me to be the person described in, and who
executed the foregoing instrument, and acknowledged the execution of this instrument to be his
own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid
RIGCI�IS, Notary Public
MY COMMISSION 0 FF QM53
EXPIRES: October 12, 20t9
Bonded 1Snu Notary Public.Underwritere
Packet Pg. 63
8.C.6.d
Select Year: 2015 Go
The 2015 Florida Statutes
Title XIV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.—
(1) The holder of a tax certificate at any time after 2 years have elapsed since April 1 of the year of issuance of the
tax certificate and before the cancellation of the certificate, may file the certificate and an application for a tax deed
with the tax collector of the county where the property described in the certificate is located. The tax collector may
charge a tax deed application fee of $75 and for reimbursement of the costs for providing online tax deed application
services. If the tax collector charges a combined fee in excess of $75, applicants shall have the option of using the
electronic tax deed application process or may file applications without using such service.
(2) A certificateholder, other than the county, who makes application for a tax deed shall pay the tax collector at
the time of application all amounts required for redemption or purchase of all other outstanding tax certificates, plus
interest, any omitted taxes, plus interest, any delinquent taxes, plus interest, and current taxes, if due, covering the
property. In addition, the certificateholder shall pay the costs of resale, if applicable, and failure to pay such costs
within 30 days after notice from the clerk shall result in the clerk's entering the land on a list entitled "lands available
for taxes."
(3) The county in which the property described in the certificate is located shall apply for a tax deed on all county -
held certificates on property valued at $5,000 or more on the property appraiser's most recent assessment roll, except
deferred payment tax certificates, and may apply for tax deeds on certificates on property valued at less than $5,000 on
the property appraiser's most recent assessment roll. The application shall be made 2 years after April 1 of the year of
issuance of the certificates or as soon thereafter as is reasonable. Upon application, the county shall deposit with the
tax collector all applicable costs and fees as provided in subsection (1), but may not deposit any money to cover the
redemption of other outstanding certificates covering the property,
(4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all
outstanding certificates or, if the certificate is held by the county, that all appropriate fees have been deposited, and
stating that the following persons are to be notified prior to the sale of the property:
(a) Any legal titleholder of record if the address of the owner appears on the record of conveyance of the property
to the owner. However, if the legal titleholder of record is the same as the person to whom the property was assessed
on the tax roll for the year in which the property was last assessed, the notice may be mailed to the address of the legal
titleholder as it appears on the latest assessment roll.
(b) Any lienholder of record who has recorded a lien against the property described in the tax certificate if an
address appears on the recorded lien,
(c) Any mortgagee of record if an address appears on the recorded mortgage.
(d) Any vendee of a recorded contract for deed if an address appears on the recorded contract or, if the contract is
not recorded, any vendee who has applied to receive notice pursuant to s. 197.344(1)(c).
(e) Any other lienholder who has applied to the tax collector to receive notice if an address is supplied to the
collector.
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8.C.6.d
(f) Any person to whom the property was assessed on the tax roll for the year in which the property was last
assessed.
(g) Any lienholder of record who has recorded a lien against a mobile home located on the property described in the
tax certificate if an address appears on the recorded lien and if the lien is recorded with the clerk of the circuit court in
the county where the mobile home is Located.
(h) Any legal titleholder of record of property that is contiguous to the property described in the tax certificate, if
the property described is submerged land or common elements of a subdivision and if the address of the titleholder of
contiguous property appears on the record of conveyance of the property to the legal titleholder. However, if the legal
titleholder of property contiguous to the property is the same as the person to whom the property described in the tax
certificate was assessed on the tax roll for the year in which the property was last assessed, the notice may be mailed
to the address of the legal titleholder as it appears on the latest assessment roll. As used in this chapter, the term
"contiguous" means touching, meeting, or joining at the surface or border, other than at a corner or a single point, and
not separated by submerged lands. Submerged lands lying below the ordinary high-water mark which are sovereignty
Lands are not part of the upland contiguous property for purposes of notification.
The statement must be signed by the tax collector or the tax collector's designee. The tax collector may purchase a
reasonable bond for errors and omissions of his or her office in making such statement. The search of the official records
must be made by a direct and inverse search. "Direct" means the index in straight and continuous alphabetic order by
grantor, and "inverse" means the index in straight and continuous alphabetic order by grantee.
(5)(a) The tax collector may contract with a title company or an abstract company to provide the minimum
information required in subsection (4), consistent with rules adopted by the department. If additional information is
required, the tax collector must make a written request to the title or abstract company stating the additional
requirements. The tax collector may select any title or abstract company, regardless of its location, as long as the fee is
reasonable, the minimum information is submitted, and the title or abstract company is authorized to do business in this
state. The tax collector may advertise and accept bids for the title or abstract company if he or she considers it
appropriate to do so.
1. The ownership and encumbrance report must include the letterhead of the person, firm, or company that makes
the search, and the signature of the individual who makes the search or of an officer of the firm. The tax collector is not
liable for payment to the firm unless these requirements are met. The report may be submitted to the tax collector in
an electronic format.
2. The tax collector may not accept or pay for any title search or abstract if financial responsibility is not assumed
for the search. however, reasonable restrictions as to the liability or responsibility of the title or abstract company are
acceptable. Notwithstanding s. 627.7843(3), the tax collector may contract for higher maximum liability limits.
3. In order to establish uniform prices for ownership and encumbrance reports within the county, the tax collector
must ensure that the contract for ownership and encumbrance reports include all requests for title searches or abstracts
for a given period of time.
(b) Any fee paid for a title search or abstract must be collected at the time of application under subsection (1), and
the amount of the fee must be added to the opening bid.
(c) The clerk shall advertise and administer the sale and receive such fees for the issuance of the deed and sale of
the property as provided in s. 28.24.
(6) The opening bid:
(a) On county -held certificates on nonhornestead property shall be the sum of the value of all outstanding
certificates against the property, plus omitted years' taxes, delinquent taxes, interest, and all costs and fees paid by
the county.
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(b) On an individual certificate must include, in addition to the amount of money paid to the tax collector by the
certificateholder at the time of application, the amount required to redeem the applicant's tax certificate and all other
costs and fees paid by the applicant, plus all tax certificates that were sold subsequent to the filing of the tax deed
application and omitted taxes, if any.
(c) On property assessed on the latest tax rot[ as homestead property shall include, in addition to the amount of
money required for an opening bid on nonhomestead property, an amount equal to one-half of the latest assessed value
of the homestead.
(7) On county -held or individually held certificates for which there are no bidders at the public sale and for which
the certificateholder fails to timely pay costs of resale or fails to pay the amounts due for issuance of a tax deed within
30 days after the sale, the clerk shall enter the land on a list entitled "lands available for taxes" and shall immediately
notify the county commission that the property is available. During the first 90 days after the property is placed on the
list, the county may purchase the land for the opening bid or may waive its rights to purchase the property. Thereafter,
any person, the county, or any other governmental unit may purchase the property from the clerk, without further
notice or advertising, for the opening bid, except that if the county or other governmental unit is the purchaser for its
own use, the board of county commissioners may cancel omitted years' taxes, as provided under s. 197.447, Interest on
the opening bid continues to accrue through the month of sale as prescribed by s. 197.542.
(8) Taxes may not be extended against parcels listed as lands available for taxes, but in each year the taxes that
would have been due shall be treated as omitted years and added to the required minimum bid. Three years after the
day the land was offered for public sale, the land shall escheat to the county in which it is located, free and clear. All
tax certificates, accrued taxes, and liens of any nature against the property shall be deemed canceled as a matter of
taw and of no further legal force and effect, and the clerk shall execute an escheatment tax deed vesting title in the
board of county commissioners of the county in which the land is located.
(a) When a property escheats to the county under this subsection, the county is not subject to any liability imposed
by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. However,
this subsection does not affect the rights or liabilities of any past or future owners of the escheated property and does
not affect the liability of any governmental entity for the results of its actions that create or exacerbate a pollution
source.
(b) The county and the Department of Environmental Protection may enter into a written agreement for the
performance, funding, and reimbursement of the investigative and remedial acts necessary for a property that escheats
to the county.
(9) Consolidated applications on more than one tax certificate are allowed, but a separate statement shalt be issued
pursuant to subsection (4), and a separate tax deed shalt be issued pursuant to s. 197.552, for each parcel of property
shown on the tax certificate.
(10) Any fees collected pursuant to this section shalt be refunded to the certificateholder in the event that the tax
deed sate is canceled for any reason.
(11) For any property acquired under this section by the county for the express purpose of providing infill housing,
the board of county commissioners may, in accordance with s. 197.447, cancel county -held tax certificates and omitted
years' taxes on such properties. Furthermore, the county may not transfer a property acquired under this section
specifically for infill housing back to a taxpayer who failed to pay the delinquent taxes or charges that led to the
issuance of the tax certificate or lien. For purposes of this subsection only, the term "taxpayer" includes the taxpayer's
family or any entity in which the taxpayer or taxpayer's family has any interest.
History.--s. 187, ch. 85-342; s. 6, ch. 86-141; s. 27, ch. 86-152; s. 1, ch. 89-286; s. 7, ch. 92-312; s. 14, ch. 93-132; s. 1024, ch. 95-147; s. 1,
ch, 96-181; s. 1, ch. 96-219; ss. 3, 4, 5, ch. 99-190; s. 3, cho 2001-137; s. 9, ch, 2001-252; s. 1, Ch. 2003-284; s. 8, ch. 2004-349; s. 1, ch. 2004-
372; s. 49, ch. 2011-151; s. 1, Ch. 2013-148; s. 6, Ch. 2014-211,
FCopyright (D 1995-2016 The Florida Legislature • Privacy Statement • Contact Us
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8.C.6.e
Select Year: 2D15 v Go
The 2015 Florida Statutes
Title XIV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.592 County delinquent tax lands; method and procedure for sale by county; certain lands conveyed to
municipalities; extinction of liens.—
(1) Lands acquired by any county of the state for delinquent taxes in accordance with law which have not been
previously sold or dedicated by the board of county commissioners may, at its discretion, be conveyed to the record fee
simple owner of such lands as of the date the county obtained title to the lands. However, before any conveyance shall
be made, the former owner of the lands may file with the board of county commissioners a verified written application
which shall show:
(a) The description of the lands for which a conveyance is sought;
(b) The name and address of the former owner;
(c) The date title was acquired by the county;
(d) The price of the lands as previously fixed by resolution of the board of county commissioners, if this has been
done;
(e) The use to which the lands were enjoyed by the record fee simple owner at the time of acquisition by the
county;
(f) A brief statement of the facts and circumstances upon which the former owner bases the request for restitution
of the described property;
(g) An offer to pay an amount equal to all taxes, including municipal taxes and liens, if any, which had become
delinquent, together with interest and costs provided by law.
(2) In the event the described lands have not been assessed for taxes for the current year in which the petition is
filed, the applicant shall pay, in addition, the taxes for current and omitted years, the latter amount to be determined
by applicable millage for the omitted years and based on the last assessment of the described lands.
(3) Lands acquired by any county of the state for delinquent taxes in accordance with law which have not been
previously sold, acquired for infill housing, or dedicated by the board of county commissioners, which the board of
county commissioners has determined are not to be conveyed to the record fee simple owner in accordance with the
provisions of subsections (1) and (2), and which are located within the boundaries of an incorporated municipality of the
county shall be conveyed to the governing board of the municipality in which the land is located. Such lands conveyed to
the municipality shalt be freely alienable to the municipality without regard to third parties. Liens of record held by the
county on such parcels conveyed to a municipality shall not survive the conveyance of the property to the municipality.
(4) Liens of record held by the county upon lands not conveyed in accordance with subsections (1) and (2) or
subsection (3) shall not survive the conveyance of the property to the county.
History.—s. 1, ch. 22870, 1945; ss. 1, 2, ch. 69-55; s. 1, ch. 72-268; s. 23, ch. 73-332; s. 197, ch. 85-342; s. 7, ch. 86-141; s. 6, ch. 99-190.
Note. --Former ss. 194,471, 197.655, 197,302,
Copyright O 1995-2016 The Florida Legislature • Privacy Statement . Contact Us
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8.C.6.f
This instrument prepared without
the !benefit of title by JoAnn Riley
under the direction of:
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
PARCEL I.D. NUMBERS: 4401-803-0001-000-5, 4401-803-0002-000-2, 4401-803-0003-000-9, 4401-803-0005-000-3,
4401-803-0006-000-0,4401-803-0007-000-7
COUNTY DEED
Pursuant to Florida Statute 125.411
THIS DEED, made this 26`h day of, JANUARY, 2016, by ST. LUCIE COUNTY, a political subdivision of the
State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called party of
the first part, and CITY OF PORT ST. LUCIE, a Florida municipal corporation, whose address is 121 SW Port St.
Lucie Boulevard, Port St. Lucie, Florida 34984, hereinafter called party of the second part,
WITNESSETH, that the said party ofthe first part, for and in consideration of the sum of TEN and 00/100
($10.00) DOLLARS to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,
has granted, bargained and sold tothe party ofthe second part, his or her heirs and assignsforever, the following
described land lying and being in St. Lucie County, Florida:
PARCEL ID 4401-803-0001-000-5 - EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C2-A (0.22 AC) (OR
3824-2802)
PARCEL ID 4401-803-0002-000-2 - EAST LAKE VILLAGE NO. 4 (P13 56-33) TRACT C2-13 (0.55 AC) (OR
3824-2803)
PARCEL ID 4401-803-0003-000-9 - EAST LAKE VILLAGE NO. 4 (P8 56-33) TRACT C2-C (0.68 AC) (OR
3824-2804)
PARCEL ID 4401-803-0005-000-3 - EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-A (0.19 AC) (OR
3824-2805)
PARCEL ID 4401-803-0006-000-0 - EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-B (0.49 AC) (OR
3824-2806)
PARCEL ID 4401-803-0007-000-7 - EAST LAKE VILLAGE NO. 4 (PB 56-33) TRACT C3-C (0.65 AC) (OR
3824-2807)
IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its
name by its Board of County Commissioners acting as the Chairman of said board, the day and year aforesaid.
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ATTEST:
Deputy Clerk
STATE OF FLORIDA
COUNTY OF ST. LUCIE
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND CORRECTNESS
County Attorney
Theforegoing instrument was acknowledged before methis 26`h day ofJANUARY, 2016, by KimJohnson,
the Chairman of the Board of County Commissioners of St. Lucie County. He is personally known to me.
Notary Public Signature
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8.C.7
ITEM NO. (ID # 3328)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Revocable License Agreement - Wide Waters Subdivision - trim and
maintain foliage in right-of-way in front of 3259 NW Turnabout Lane
Mr. Swygert has requested to maintain and trim foliage on the County right-of-way of Turnabout Lane
and preserve the water view to the north. Staff has reviewed the request and have no objection as long
as the Reserved Wooded Strip "A" on the plat is not disturbed and Mr. Swygert removes the clippings.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, authorize Chairman to sign
the Revocable License Agreement and direct Mr. Swygert to record the Revocable License Agreement in
the Public Records of St. Lucie County, Florida.
Eifel►& If•1F-SIWLI_T41IIs] E
Coordination/Signatures
anie S. McIntyre, C my ttorney 1/14/2016
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LOCATION
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DISCLAIMEP
5t. LWcie 0—ty makes no warranty, representation or Waranty as m the content, �gaense. acwracy, hmeliness or completeness d any he1.
the reader should not rely oit the data provided herein fat any reawn. 51. Lune County eK pficilly dlaclelm s eny repre se ntehonc antl wane oils s. tnclud- -lhoul li milenon, the Impl-
soils of merchantability antl (mess W s particular purpose 51 Lucie C.-myMA assume no iiabLty fay 1. Any errors, emissone, - inacwr--m the
nlarmagon prarided rege rdtess at haw crtrs0. o1 y any de—ipn made er acFan taken pr net la hen by any person in reliance u9pn anY inbrma;ion or tlab to rnished heteu ntle,
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8.C.7.c
September 1, 2015
Janet LiCausi
Property Acquisition
St Lucie County
2300 Virginia Ave
Ft Pierce, FL 34981
RE: Request for revocable license agreement
Dear Janet.
i L, IM IEll V IR D
SEP 0 2 201
PROPERTY ACQUBITIONS
This letter is to request a revocable license agreement to maintain and trim foliage in an area on a
county right of way adjacent to and on the north side of NW Turnabout Lane directly across the street
from my property at 3259 NW Turnabout Lane, Palm City, FL. The area in this request is on the south
side of RESERVED WOODED STRIP "A" and runs 70 feet from the eastern most point of
RESERVED WOODED STRIP A a distance of 70 ft to the west and from that line southerly a distance
of approximately 22 ft to the edge of the pavement. The purpose of this request is to be able to
maintain the natural beauty of the foliage and preserve the water view to the north.
Attached is a rendering showing the location covered in the request.
Thank you for your consideration.
Frank Swygert
3259 N W Turnabout Lane
Palm City, FL 34990
Ph 772 283 0899
attachment
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8.C.7.d
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
230C Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of , 2016, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JOHN F.
SWYGERT, Jr (TR) whose address 3259 NW Turnabout Lane, Palm City, FL 34990 (the "Owner")
WHEREAS, the Owner owns the property described as follows:
3259 NW Turnabout Lane, Palm City, FL
Wide Waters S/D Lot 2, Parcel ID 4436-510-0006-000-9
WHEREAS, the Owner has requested a Revocable License Agreement to trim and maintain the
County right-of-way on Turnabout Lane in Wide Waters Subdivision. The area to be trimmed and
maintain is shown on Exhibit A and not is not to be in the "Reserved Wooded Strip" identified on the Wide
Water's plat.
WHEREAS, the County is willing to permit the Owner to trim and maintain the vegetation to no
lower than 10-feet. No removal of native vegetation is permitted and all trimmed vegetation shall be
removed from the right-of-way and properly disposed of. The County's permission is subject to the
terms and conditions set forth in this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. The County agrees to grant the Owner a Revocable License Agreement for trimming and
maintaining the vegetation on Turnabout Lane as shown on Exhibit A. This Revocable License
Agreement shall not extend to the construction and/or installation of any additional structures or utilities.
No removal of native vegetation, vegetation shall not be trimmed lower than 10ft and all cut vegetation
shall be removed from the right-of-way and properly disposed of.
2. The sole purpose of this Revocable License Agreement is to grant the Owner permission
to trim and maintain the vegetation in the County's right-of-way of Turnabout Lane. The Owner agrees
that if the County Engineer or Road and Bridge Manager determines the trimming and maintenance are
not to County standards, the Owners will no longer be able to continue to trim the vegetation.
Packet Pg. 74
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
8.C.7.d
the Owner to trim and maintain the vegetation in the County's right-of-way.
4. The Owner shall maintain the right-of-way as shown in Exhibit A in accordance with
Standard Specifications for Public Works Construction in St. Lucie County, Florida. The trimming shall
not interfere with the use of the right-of-way and any damage to the right-of-way shall be repaired by
Owner.
5. This Revocable License Agreement shall be binding on future successors and assignees of
the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12)
of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer to terminate
this Agreement with or without cause and require any repair to the area be at the Owner's sole expense
upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination,
request that the Owner perform certain alterations to the vegetation at the Owner's sole expense.
However, if such alteration is not performed to the satisfaction of the County Engineer the County shall
be entitled to exercise its right to terminate this Agreement.
7. Upon the abandonment of trimming and maintenance, the expiration of this Revocable
License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the
Owner shall be responsible for the repair of the right-of-way, if necessary.
8. The term of this Revocable License Agreement shall begin on the date first above written
and shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. Owner agrees to halt trimming, at any time and at no cost to the County, if necessary for
the maintenance or improvements of the right-of-way by the County Engineer, if necessary.
10. The vegetation shall be trimmed in accordance with all applicable codes and permitted
regulations of the County and shall be maintained solely at the expense of the Owner. Any relocation or
new planting activity will be subject to the written approval of the County Engineer.
11, The Owner agrees to allow County employees access to the location of the vegetation for
County purposes as determined by the County Engineer.
12. All notices, request and other communications dealing directly or indirectly with this license
shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger
or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return
receipt requested, address to:
As to County: As to Owner:
County Engineer John F. Swygert
Engineering Division 3259 NW Turnabout Lane
2300 Virginia Avenue, 2nd Floor Palm City, FL 34990
Fort Pierce, FL 34982
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8.C.7.d
With Copies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this section.
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date
upon which the return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed.
13. As consideration for the County granting this Revocable License Agreement, the Owner
agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages,
expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable
attorney's fees of any kind or nature arising or in any way connected with the use, occupation,
management, or control of the above property by County or its' agents, servants, employees, patrons, or
invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature
whatsoever, sustained during Licensee's use of the property.
14. The Owner shall promptly pay to record this Revocable License Agreement in the Official
Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of
recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first
written.
ATTEST: ST. LUCIE COUNTY
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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8.C.7.d
Witness
STATE OF FLORIDA
1
COUNTY OF
The foregoing instrument was acknowledged before me this day of )1004201f, by JOHN F.
SWYGERT who produced i c— j1\,"Vtyp of identification) and who did take an oath.
a -
WITNESS my hand and official seal, this day of 2011�,
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My commission expires: Signature o Notary Public
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8.C.8
ITEM NO. (ID # 3333)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE
01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Fort Pierce Yacht Club - Assignment of Lease to City of Fort Pierce
On December 14, 1976, the Board of County Commissioners approved a Lease Agreement with the City of
Fort Pierce for the area known as Indian River Memorial Park.
On September 8, 1984, the Board of County Commissioners approved a Lease Agreement with the Fort
Pierce Yacht Club. The Lease set out an ending date of December 13, 2015.
On September 30, 2008, St. Lucie County vacated the lands and premises affected by the Lease entered
into on December 14, 1976 and relocated all scheduled programming and other activities to the Havert L.
Fenn Center that included the Fort Pierce Yacht Club.
On November 14, 2008, the City of Fort Pierce terminated the December 14, 1976 Lease.
Nick Mimms, City Manager, contacted County staff requesting an Assignment of Lease for the Fort Pierce
Yacht Club. We have attached the Assignment for your review and approval.
23:W1911JiTIT41L91i•F
December 14, 1976 - Board of County Commissioners approved a Lease Agreement with the City of Fort
Pierce for the area known as Indian River Memorial Park.
September 8, 1984 - Board of County Commissioners approved a Lease Agreement with the Fort Pierce
Yacht Club.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board authorize the Chairman to execute the Assignment of Lease and record
the Assignment in the Public Records of St. Lucie County.
Packet Pg. 79
8.C.8
COMMISSION ACTION:
Coordination/Signatures
!anie S. torney 1/15/2016
Updated: 1/14/2016 2:52 PM by JoAnn Riley Page 2
Packet Pg. 80
8.C.8.a
Memorial F 'k ,O�v
L E A S E-.t�
THIS AGREEMENT made and entered into this day of
December, 1976, by and between the CITY OF FORT PIERCE, a
Florida municipal corporation, hereinafter referred to as the
as
Lessor and ST. LUCIE COUNTY, State of Florida, a political N
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subdivision, hereinafter referred to as Lessee. J
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W I T N E 5 S E T H C
FOR AND IN CONSIDERATION of the mutual promises, covenants t
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and conditions herein contained to be kept and performed by each y
of the parties hereto, the parties hereto agree as follows, to -wit
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(1) The Lessor hereby leases to the Lessee for the V
purpose of developing, maintaining and controlling for public t
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purposes only, those certain lands lying within the City of
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Fort Pierce, Florida, described as follows: G�
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-That property specifically described as r-
"Proposed City Park" and dedicated in O
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accordance with a plat recorded in Plat
Book 10 at page 36 of the Public Records M
of St. Lucie County, Florida; excepting- M
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from this description that portion of the
"Proposed City Park which constitutes the
right-of-way for State Road A-1-A, and C
excluding the property used for Pump E
Station Number One, located at the south- d
east corner of said "Proposed City Park".
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(2) This lease shall be for a period of fifty (50) years, y
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commencing on December 13, 1976 and ending at midnight on the J
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13th day of December, 2026.
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(3) The Lessee covenants and agrees to pay, in legal
tender and lawful money of the United States at the time of 4)
payment, without demand, the rent of $1.00, in advance, on
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the first day of 424eyear during the term hereby granted, said p
annual rent to commence on January 1, 1977. The Lessee further
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agrees to maintain the property and'structures presently located
thereon and to carry fire and extended coverage on the improve- 0)
s
ments, with the City of Fort Pierce listed as the named insured v
on the existing structures. The Lessee shall also carry liabil- Q
ity coverage on the described premises in the same amount with
the,same limits that the Lessor ordinarily carries for similar
protection. In the event of any structures which are presently
,existing on the premises being destroyed, the proceeds of any
insurance shall be payable jointly to the Lessee and the Lessor, Packet Pg. 81
Il I 8.C.8.a
and shall be used to replace said structures.
(4) The property described above shall be used only for
public purposes. This property is to be enjoyed by the public
generally, and__s__leased subject_to all agreements and leases
already. in. existence between the_CITY OF FORT PIERCE and other
parties.
(5) This lease is subject to any easements which already
existfor public_,u. it ties._or for. rights of__ingr_e_ss and_ egres
which,_,.presently_.exist.
(6) The Lessee, ST. LCUIE COUNTY, hereby agrees that the
property described above shall be developed in accordance with
the terms of this Lease and in accordance with the plan for
development of this property which presently exists. The Lessee
further agrees that this Lease nor any portion of this property
described in this lease will be sublet or assigned without
first securing the written approval of the Lessor.
(7) It is understood and agreed:
(a) That Lessor shall not in any manner whatsoever
be responsible or liable for any cost or expense incurred by
Lessee in any of the development and maintenance of the desired
tract, and any and all such costs and expenses shall be the sole
responsibility and obligation of Lessee; and
(b) Lessee will not suffer or permit any mechanic's
liens or other liens for work, labor, services or materials to
be attached to said premises or any part thereof, or to any
building or imrpovement construction thereon; and
(c) Lessee shall indemnify and save harmless the
Lessor from any and all liability, damage, expense, cost of
action, suits, claims, demands or judgments for injury to person
or property of any and nd ever nature arising out of the construc-
tion or alteration of any improvements on said land, or out of
the use, management or control of the same.
(8) It is expressly understood and agreed that in case.
the demised premises shall be deserted, abandoned or vacated, or
if default be made in the payment of the rent or any part thereof,
or any of the terms of this lease, as herein specified, or if,.
BoU261 PAcE 615
Packet Pg. 82
i8.C.8.a
without the consent of the Lessor, the Lessee shall sell or
mortgage this lease or any portion of the property described
herein or if the Lessee shall attempt to assign this Lease
without the written approval of the Lessor, or if default be
made in the performance of any of the covenants and agreements
in this Lease contained on the part of the Lessee to be kept
and performed, the Lessor may, if it so elects at any time
thereafter terminate this Lease and the term thereof, upon
giving to the Lessee forty-five (45) days notice in writing
of its intention so to do, and upon the giving of such notice
this Lease and the term thereof shall terminate, expire and come
to an end on the date fixed in such notice, as if said date were
the date originally fixed in this Lease for the termination or
expiration thereof.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in the manner and by their duly author-
ized officers and their official seal, to be affixed hereto,
the day and year first above written.
Signed, sealed and delivered CITY OF FORT PIERCE, FLORIDA
in the presence of A municipal corporation
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By
M yor-Commission
ATTEST:
APPROVED AS TO FORM AND CORRECTNESS: U City=:Clem
LESSOR
By,
City Attorn6
y
1 Signed, sealed and delivered ST. LUCIE COUNTY, State A 716'rAda
A political , subdvisic21 ,g
in the presence of:
By
hairman,
Q:F:jA +sty ,
,Board
ATTEST:
i
Clerk"
LESSEE
APPROVED AS TO FORM AND CORRECTNESS:
By
-a �Count�yAttorney
Packet Pg. 83
6DOX 261 FACE 6A
FILEC 4 ,RUED a
ST. LUCIE ,;UhTYFLA.
FOGE.. Jil^AS
CLEnS i.:; OWI COURT
R ',r,�rl -.}F°'. IE.) _
DEC 15 12 31 76
STATE OF FLORIDA )
COUNTY OF ST. LUCIE )
Personally appeared before me this day,
yo ) and���/ respectively
Chairman and Clerk, Board of County Commissioners, St. Lucie
County, Florida, and they did then and there acknowledge to
and before me that they executed the above and foregoing Lease
for and in behalf of the County of St. Lucie, State of Florida,
pursuant to action by the County Commission of said St. Lucie
Count Florida, taken at its regular meeting the /
day of
/l < 1976.
WITNESS my hand and official seal at Fort Pierce,
Floriday this //-//I day of December, 1976.
My commission expires: No ary Public
State of Florida
NOTARYFl18LIC STATE of fLORIDAZATt978GE "' r
n- � ct..
My CO�.•.,MiSoiur+ fl IN NCE UNDERWRITERS },
BONDED THRU GENERAL INSURA - — ti 1
STATE OF FLORIDA
COUNTY OF ST. LUCIE ) '
Personally appeared before me this day, BEN L. BRYAN, JR.
and INEZ LOWRY, respectively May -Commissioner and City Clerk of
the City of Fort Pierce, Florida, a municipal corporation, and
cknowledge to and before me that they
they did then and there a
executed the above and foregoing Lease for and in behalf of the
City of Fort Pierce, Florida, pursuant to action by the City
Commission of said City of Fort Pierce, Florida, taken at its
1976
December .
regular meeting the 13th day of
official seal at Fort Pierce, Flo
WITNESS my hand and
rida
this 1�th day of December, 19.76.
v� lGloCJY
i
Nota y Public ('vj p C
My commission expires: State of Florida at Lang
Notary Puolic, Stale of Flor.da
1,1y Commis;ic� Expire SS,a:.y 161G79
Bonded by Amer:°an Flre G Cosuelty C.• -
14
Packet Pg. 84
Page Four. 0 r ON (11
_4tatloIUD= Ce . 1� 1 8.C.8.b
C S6 — a9—lc?
L E A S E
THIS AGREEMENT, entered into this 8th day of September,
1984 by and between ST. LUCIE COUNTY, STATE OF FLORIDA, a politi-
cal subdivision, hereinafter called Lessor, and FORT PIERCE YACHT
CLUB, INC., a nonprofit Florida corporation, hereinafter called
Lessee:
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W I T N E S S E T H:
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That the said Lessor does this day lease unto the Lessee
that certain real property hereinafter described situate in the
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City of Fort Pierce, County of St. Lucie, State of Florida, to be
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used and occupied by the Lessee as a yacht club for the term com-
mencing on the date first above mentioned and conditioned on the
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pkovisions hereinafter set out and ending on the 13th day of
December 2015, at and for the agreed total rental of $10.00 per
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year to be paid in advance upon the annual anniversary of this
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Lease and other valuable considerations, plus reimbursement to
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St. Lucie County for the costs of installation of security
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fencing around the perminter of the premises in the amount of
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$1,350.00.
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As additional consideration, Lessee covenants and agrees
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'that Lessor may have the use of the leased premises for not less
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than 100 days during each calendar year under such terms and
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conditions mutually agreed upon by the parties for such use.
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Lessee shall not unreasonably deny any request of Lessor to use
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the lesed premises. Each party shall provide the other with its
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calendar of scheduled events.
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The property which is subject to this lease is described as
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follows:
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Commence at the intersection of the existing bulk-
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head line of the,City of Fort Pierce, Indian River
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Memorial Park property and the Southerly right -of-
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way line of the new State Road A -I -A: thence run
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South 18' 85' 30" East along said line of Indian
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River Memorial Park a distance of 61.00 feet to
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the point of beginning; thence run South 71' 34'
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30" West along the Northern limits of lease area a
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distance of 150 feet; thence South 18' 25' 30"
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East a distance of 88 feet to a point on the
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Southern limits of the lease area; thence North
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71' 34' 30" East along said Southern limits of
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lease area a distance of 224.64 feet to the safe
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mean high water line; thence Northeasterly along
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said sa€e mean high water line to its intersection
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with a line that is North 71' 34' 30' East a dis-
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tance of 89.18 feet from said point of beginning;
Packet Pg. 85
-2-
8.C.8.b
thence South 710 34' 30" West along said Northern z
limits of lease area back to said point of begin- cc
ning. Containing 20,408.08 square feet more or o
less, all lying in Section 3, Township 35 South, x
Range 40 East, St. Lucie County, Florida.
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Together with riparian rights appurtenant thereto. In addi-
tion, a non-exclusive easement for ingress and egress is also
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conveyed for the term of this lease to the following described
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property:
Commence at the intersection of the existing
bAkhead line of thei City of Fort Pierce, N
Indian River Memorial Park property and the
Southerly right-of-way line of the new State
Road A -I -A; thence run South 180 25' 30" East
along said existing bulkhead line of Indian i11
River Memorial Park a distance of 61.00 feet
to the point on the [northern limits of the
lease area; thence run South 710 34' 30" West
along the Northern limits of lease area a
distance of 150 feet to the point of begin-
ning; thence
1. Running South 710 34' 30" West a
distance of 231.00 feet to a point
on the East right-of-way line of
Indian River Drive; thence
2. Running South 180 25' 30" East along
said right-of-way line of Indian
River Drive a distance of 88.00 feet
to a point; thence
3. Running North 710 34' 30" East a
distance of 231.00 feet to a point;
thence
4. Running North 180 25' 30" West a
distance of 88.00 feet to the point
of beginning, containing 20,328.00
square feet all lying in Section 3,
Township 35 South, Range 40 East,
St. Lucie County, Florida.
The Lessor expressly reserves the right to the use of the ease-
ment area for spillover parking from public recreation activities
and neither party may landscape that area in any manner that would
interfere with that use. Lessor further grants Lessee a non-
exclusive use of the public parking facilities at the community
center and amphitheater within the Indian River Memorial Park.
The following express stipulations and conditions are made
a part of this Lease and are hereby assented to by the Lessee:
FIRST: This lease is entered into between the parties with
an understanding that the Lessee will be performing many services
for the general public. The Lessee shall not assign this Lease,
Packet Pg. 86
-3-
8.C.8.b
nor sublet the premises, or any part thereof nor use the same, or
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any part thereof, nor permit the same, or any pant thereof, to be
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used for any other purpose than as set forth herein, except for x
occasional rental of the portions of the premises for period not H
exceeding 72 hours. All additions, fixtures or improvements which 0
may be made by Lessee, except movable furniture and appliances,
shall become the property of the Lessor and remain upon the T
premises as a part thereof, and be surrendered with the premises
at the termination of this Lease. AI
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Lessor can agree to the assignment of the rights of the
Lessee, but said agreement shall be in Writing and shall be sub-
ject to approval by the 'City Commission of the City of Fort
Pierce.
SECOND: The parties acknowledge that there presently exists
upon the premises a partially completed structure consisting of a
foundation and slab constructed by the St. Lucie Community
Theatre, Inc. The Lessee agrees to take appropriate action within
six (6) months of the date of this Lease to cover over or other-
wise secure the structural cavity created in the slab by the
design of the contemplated structure. It is Lessee's intention to
construct upon the premises a yacht club building together with
dock facilities. Consistent with that intention, Lessee agrees
that it shall, within 12 months of the date of this Lease, submit
to the appropriate governmental authorities all necessary applica-
tions for construction permits for the development of the premises
and shall commence construction pursuant thereto within 24 months
the date of this Lease, and shall obtain a certificate of occu-
pancy for the improvement within 3 years of the date of this
Lease. Upon completion of the structure, Lessee, at its own
expense, shall maintain the structure and surrounding premises in
a clean, sightly and healthful condition.
THIRD: In the event any taxes shall be assessed against this
property said taxes shall be the responsibility and shall bg paid
by the Lessee.
FOURTH:. The Lessee will carry liability insurance and shall
hold the Lessor harmless from any claim for damages or injury
which may result from an accident occuring on the above described
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property. The amount of the liability coverage shall be
$100,000.00 per person and $300,000.00 per accident.
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FIFTH: All personal property placed or moved in the prem-
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ises above described shall be at the risk of the Lessee or owner
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thereof and Lessor shall not be liable for any damage to said
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personal property or the Lessee arising from the bursting or
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leaking of water pipes or from any act of negligence of any co-
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tenant or occupants of the building or of any other person whom-
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soever.
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SIXTH: That the Lessee shall promptly execute and comply
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with all statutes, ordinances, rules, orders, regulations and
requirements of the Federal, State and City Government and of any
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and all their departments and bureaus applicable to said
premisest for the correction, prevention and abatement of nui-
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sances or other grievances, in, upon or connected with said
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premises during said term; and shall also promptly comply with
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and execute all rules, orders and regulations of the Southeastern
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Underwriters Association for the prevention of fires at its own
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cost and expense. Further, Lessee shall not discriminate in its
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membership on the basis of race, sex, religion, national originor
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any suspect category.
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SEVENTH: The prompt payment of the rent for said premises
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upon the dates named and the faithful observance of the rules and
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regulations printed upon this Lease and which are hereby made a
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part of this covenant are the conditions upon which the Lease is
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made and accepted and any failure on the part of the Lessee to
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comply with the terms of said Lease, including the construction
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time periods of Paragraph Second, shall, at the option of the
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Lessor, work a forfeiture of this Lease and all of the rights of
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the Lessee hereunder. Thereupon, the Lessor, his agents or
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attorneys shall have the right to enter said premises and remove
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all persons in the employ or under the control of the Lessee.
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EIGHTH: If the Lessee shall abandon or vacate said premises
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before the end of the term of this Lease'or shall suffer the rent
to be in arrears, the Lessor may, at its option, forthwith cancel
this Lease. Further, should Lessee cease to function as an
Packet Pg. 88
_5_
active organization or fail to maintain an active membership of
O
at least fifty (50) persons for a period exceeding one (1) year,
Lessor may, at its option, cancel this Lease.
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NINTH: In the event either party resorts to legal action
for the enforcement of the provisions of this Lease, the pre-
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vailing party in such action shall, in addition to any other
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available remedy, be entitled to recover from the nonprevailing
party, all reasonable costs incurred including, but not limited
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to, any reasonable attorneys fee incurred by the prevailing
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party.
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TENTH: It is expressly agreed and understood by and between
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the parties to this Lease that the Lessor shall not be liable for
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any damage or injury by water which may be sustained by the said
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Lessee or other person 'or for any other damage or injury
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resulting from the carelessness, negligence or improper conduct
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on the part of any other Lessee or agent or employees or by
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reason of the breakage, leakage or obstruction of the water,
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sewer or soil pipes or other leakage in or about the said
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building.
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ELEVENTH: Whenever Lessee shall not be in arrears of rent
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nor in default in the performance or observance of any of the
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covenants, conditions or other provisions of this Lease, Lessee
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may mortgage, or convey by deed of trust in the nature of a mort-
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gage, its estate or its interest in the demised premises to
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secure a bona fide loan or loans of money then actually made or
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then actually about to be made to Lessee, or to extend or renew
the same. No mortgagee, or trustee and beneficiary, nor anyone
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who claims by, through or under such mortgage or deed of trust in
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the nature of a mortgage, shall, however, by virtue of such mort-
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gage or deed of trust acquire any greater or more extended rights
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than Lessee has under this Lease, and any such mortgage or deed
of trust and the rights and interest of the mortgagee, trustee,
beneficiary or any other person who claims by, through or under
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such mortgage or deed of trust, shall be in every respect sub-
ject, subservient and subordinate to all the conditions, provi-
sions, stipulations, requirements, covenants and obligations of
Packet Pg. 89
-6-
8.C.8.b
this Lease, and the rights, powers and privileges of Lessor there-
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under as well as in respect of any building or improvements from
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time to time on such premises or otherwise. Furthermore, Lessor
reserves the right of approval of any mortgagee, provided, how-
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ever, such approval shall not be unreasonably withheld.
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TWELFTH: This Lease shall bind the Lessor and its assigns or
successors and the assigns, legal representatives, or successors
�.
as the case may be of the Lessee.
THIRTEENTH; The Lessee agrees that it will not allow any
0
liens for construction including mechanics' liens to be placed
against said property and that it will be responsible for the pay-
ment of all costs and charges it might incur in the construction
on the premises.
FOURTEENTH: Lessee is hereby given an option to renew its
leasehold interest in the demised premises for an additional term
of eleven .(I I) years at the expiration of this Lease at a rental
of $10.00 per year provided that Lessee shall give Lessor, prior
to the expiration of the term of this Lease, 90 days' notice, in
writing, of its desire to procure such new lease. A new lease
agreement for the term of such renewal shall be unnecessary, this
Agreement constituting a present demise for both the original and
any renewal term.
IN WITLESS WHEREOF, the parties hereto have hereunto executed
this instrument for the purposes herein expressed the day and year
above written.
Signed, sealed and delivered
in the presence of;.
ST. LUCIE COUNTY, State of Florida
- f A political subdivision
By: lt�
2 Y rmsn, Boa d f C unty
omisoeminLs
FORT PIERCE YACHT CLUB, INC.
M �By:
U-tiv mmo ore
ATTEST: q 3 �
APPROVED BY THE CITY OF FORT
Sec ary 4;..
yor Commissso e
, FLORIDA
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Packet Pg. 90 1
8.C.8.c
IT Y ONE
OFFICE OF THE CITY MANAGER
CITY HALL,100 NORTH U.S.1
P.O. BOX 1480
FORT PIERCE, FLORIDA 34954-1480
October 24, 2008
Mr. Douglas M. Anderson, County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
yUNR
I
RE: Lease Agreement Termination Notice - Indian River Memorial Park
Dear Doug -
TEL (772) 460-2200
FAX (772) 489-8042
www.cityoffortpierce.corn
The City of Fort Pierce and St. Lucie County entered into a Lease Agreement on December
14, 1976, for purpose of developing, maintaining and controlling certain lands within the
City of Fort Pierce described in the Lease Agreement as "Proposed City Park," with said
lands also commonly referred to as Indian River Memorial Park.
On or about September 30, 2008, St. Lucie County vacated the lands and premises affected
by the above referenced Lease Agreement and relocated all scheduled programming and
other activities to the recently constructed Havert L. Fenn Center on Virginia Avenue.
This correspondence is intended to serve as required Notice that the above referenced Lease
Agreement is hereby terminated 45 days from September 30, 2008, the date said lands
were vacated. Pursuant to this required Notice, said Lease Agreement shall be effectively
terminated on Friday, November 14, 2008.
A copy of the Lease Agreement is enclosed for your review. Let me know if you have any
questions or need additional information.
Sincerely,
David L. Recor, ICMA-CM
City Manager
cc: The Honorable Mayor and members of the City Commission
Robert V. Schwerer, City Attorney
Bob Hood, Director of Public Works
Greg Martzolf, Golf Course Director
Le Thomas, Risk Manager
...........
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Co. ADIMIN. Packet Pg. 91
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8.C.8.d
ASSIGNMENT OF LEASE BETWEEN
ST. LUCIE COUNTY AND
FORT PIERCE YACHT CLUB
Contract No. C86-09-117
THIS ASSIGNMENT OF LEASE is made and entered into this day of January 2016,
by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County")
and the CITY OF FORT PIERCE, a Florida municipal corporation (the "City")
WITNESSETH
WHEREAS, the County and the City entered into a Lease Agreement on December 14,
1976 for certain property known as Indian River Memorial Park located along Indian River Drive,
Fort Pierce, Florida; and,
WHEREAS, the County and Fort Pierce Yacht Club entered into a Lease Agreement on
September 8, 1984 for certain property located at 700 North Indian River Drive, Fort Pierce,
Florida; and,
WHEREAS, on September 30, 2008, the County vacated the lands and premises affected
by the Lease entered into on December 14, 1976 and relocated all scheduled programming and
other activities to the Havert L. Fenn Center which included the Fort Pierce Yacht Club; and,
WHEREAS, on November 14, 2008 the City terminated the Lease Agreement dated
December 14, 1976; and,
WHEREAS, the County desires to assign the Lease Agreement with the Fort Pierce Yacht
Club to the City.
S:\ACQ\WP\JoAnn\Indian River Memorial Park\Assignment of Lease.docx
1
Packet Pg. 92
8.C.8.d
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
County and the City hereby agree as follows:
I. Assignment of lease. The County hereby assigns to the City all of its rights, duties,
liability and obligations as set forth in the Agreement dated September 8, 1984, incorporated
herein.
2. Assumption of Lease. The City hereby agrees to receive all rights and assume,
perform and discharge all duties, liabilities and obligations as set forth in the Agreement dated
September 8, 1984.
3. Effective Date. This Assignment shall be effective as of November 14, 2008
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Date:
S:\ACQ\WPVoAnn\lndian River Memorial Park\Assignment of lease.docx
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Packet Pg. 93
8.C.8.d
ATTEST:
CITY OF FORT PIERCE, FLORIDA
BY:
Clerk Mayor
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
Date:
S:\ACQ\WP\JoAnn\Indian River Memorial Park\Assignment of Lease.docx
Packet Pg. 94
8.C.9
ITEM NO. (ID # 3331)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Mark Godwin, Criminal Justice Coordinator
Criminal Justice Division
DATE: 01/26/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Department of Juvenile Justice Reconciliation for FY14/15
The Department of Juvenile Justice forwarded a spreadsheet (see attached) indicating that St. Lucie
County was under billed for FY 14-15, and we owe an additional $231,701.91. St. Lucie County has been
paying $79,981.09 per month for FY 14 -15 and continues to pay $98,174.83 per month for FY 15-16. St.
Lucie County and other Counties are challenging the reconciliation and the attorneys representing the
Counties who are challenging the reconciliation (Nabors, Giblin and Nickerson, P.A.) recommend that the
counties not determine the final amount owed to the Department of Juvenile Justice until the
administrative proceedings have concluded, and therefore, this amount could be adjusted as a result of
those proceedings.
PREVIOUS ACTION:
Since 2004, The Department of Juvenile Justice has been assessing predisposition costs to St. Lucie County
of juveniles housed at the local Detention Center.
FINANCIAL IMPACT:
Total impact would be $231,701.91 if not adjusted by administrative proceedings from 107-2350-549920-
200.
:TX�L�I► I►�1�►I�7e��[�I►ta
Staff recommends that the Board not determine the final reconciliation for FY 14-15 at this time. Staff will
up -date the Board once the reconciliation amount is determined with further recommendations at that
time.
rar@ ►] �il►�ill;MUGHI_TsiL6]TF
Packet Pg. 95
8.C.9
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 1/15/2016
Updated: 1/15/2016 10:56 AM by Mark Godwin Page 2
Packet Pg. 96
8.C.9.a
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
Rick Scott, Governor
December 9, 2015
Dear County Representative:
Christina K. Daly, Secretary
Pursuant to Administrative Rule 63G-1.017, the Department has completed a reconciliation of detention
utilization and costs for fiscal year 2014-15 using the information recorded in the Juvenile Justice
Information System (JJIS), and the state's accounting system (FLAIR).
At the beginning of fiscal year 2014-15, an estimated amount of detention cost per county for that fiscal year
was calculated. A copy of that breakdown is provided on the spreadsheet attached titled "2014-15 Secure
Detention Cost Sharing Estimate." The amount used to calculate the estimated costs ($96,443,538) was based
on 2013-14 expenditures through May 2014, plus the estimated expenditures for June 2014. The estimated
pre-dispositional days were based on applying 57% to the total actual 2013-2014 detention days for each
county.
M
M
M
The enclosed spreadsheet titled "Reconciliation 2014-15 Secure Detention Cost Sharing" summarizes the
secure detention actual pre -disposition utilization for all counties. The "Debit/(Credit) Based on Amount
Billed" column represents the amount each county was under billed or overbilled based on actual 2014-15
pre -disposition days as a share of the actual detention costs. The "Unpaid by County for 2014-15" column
represents the portion of the 2014-15 billing that was never paid by that particular county and is still owed.
The sum of the reconciled and unpaid amounts are reflected in the "Total Due" column. The total due will
be added or subtracted from the current year's billing. (Note: Section 38 of the 2015-16 General
Appropriations Implementing Bill does not apply to these Total Due amounts from 2014-15.)
If you have any questions, you can contact me at (850) 717-2704 and hretl.Sehukneclit(a)_(Iii.state.fl.us or
Libby Grimes at (850) 717-2351 and I,ibhy.GrintesL�i jI state.fl.us .
Sincerely ---�
Fred Schuknecht
Chief of Staff
Enclosures:
Cc: Vickie Harris, Director of Administration
Libby Grimes, Chief of Finance & Accounting
2737 Centerview Drive • Tallahassee, Florida 32399-3100 • (850) 488-1850
http:Hwivw.d j j.state.fl.us
The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective
prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth.
Packet Pg. 97
8.C.9.a
2014-15 Secure Detention Cost Sharing Estimate
4-
0
County
Pre-
Dispositional
Post-
Dispositional
TOTAL
Cost Per Day
Estimated FY 14-15
Predispositional
Monthly 2014-15
County
Pre-
Dispositional
Post.
Dispositional
TOTAL
Cost Per Day
Estimated FY 14-15
Monthly 2014-1
=
�
Days
Days
DAYS
Cost
Billable Amount
Days
Days
DAYS
Predispositional Cost
Billable Amour
Alachua
2,377
1,794
4,171
328.94
$782,048.01
$65,170.67
Lake
1,213
915
2,128
328.94
$398,997.10
$33,249.76
R
Baker
136
103
239
328.94
$44,819.00
$3,734.92
Lee
7,055
5,322
12,377
328.94
$2,320,553.95
$193,379.50
Q'
d
Bay
3,326
2,509
5,836
328.94
$1,094,171.56
$91,180.96
Leon
3,025
2,282
5,308
328.94
$995,201.81
$82,933.48
Bradford
313
236
549
328.94
$103,026.35
$8,585.53
Levy
246
186
431
328.94
$80,894.47
$6,741.21
Brevard
4,478
3,378
7,856
328.94
$1,472,891.70
$122,740.97
Liberty
52
39
92
328.94
$17,181.43
$1,431.79
Mr
Broward
15,570
11,746
27,316
328.94
$5,121,661.44
$426,805.12
Madison
54
41
95
328.94
$17,788.86
$1,482.40
Cl)
Calhoun
84
64
148
328.94
$27,749.38
$2,312.45
Manatee
3,308
2,495
5,803
328.94
$1,088,031.73
$90,669.31
Charlotte
1,783
1,345
3,128
328.94
$586,472.71
$48,872.73
Marion'
0
1,264
1,264
328.94
$0.00
$0.00
+W
Citrus
443
334
777
328.94
$145,776.55
$12,148.05
Martin
744
561
1,305
328.94
$244,666.62
$20,388.88
0
Clay
1,917
1,446
3,363
328.94
$630,467.16
$52,538.93
Monroe
514
388
902
328.94
$169,038.17
$14,086.51
=
Collier
4,010
3,025
7,034
328.94
$1,318,885.33
$109,907.11
Nassau
574
433
1,008
328.94
$188,931.17
$15,744.26
N
Columbia
794
599
1,394
328.94
$261,307.19
$21,775.60
Okaloosa
2,065
1,558
3,623
328.94
$679,313.34
$56,609.44
d
Dade
13,394
10,104
23,499
328.94
$4,405,897.52
$367,158.13
Okeechobee
330
249
580
328.94
$108,691.42
$9,057.62
L
Q
Desoto
494
373
867
328.94
$162,467.29
$13,538.94
Orange
10,733
8,096
18,829
328.94
$3,530,353.17
$294,196.10
U)
Dixie
217
163
380
328.94
$71,291.79
$5,940.98
Osceola
1,133
855
1,988
328.94
$372,798.67
$31,066.56
06
Duval
15,935
12,022
27,957
328.94
$5,241,823.19
$436,818.60
Palm Beach
11,185
8,438
19,622
328.94
$3,679,074.76
$306,589.56
d
Escam bia
7,190
5,424
12,614
328.94
$2,365,119.58
$197,093.30
Pasco
3,679
2,776
6,455
328.94
$1,210,276.67
$100,856.39
r
Flagler
885
667
1,552
328.94
$290,951.52
$24,245.96
Pinellas
9,661
7,288
16,949
328.94
$3,177,947.98
$264,829.00
�
J
Franklin
154
116
270
328.94
$50,663.20
$4,221.93
Polk'
0
3,754
3,754
328.94
$0.00
$0.00
r_
Gadsden
765
577
1,343
328.94
$251,789.81
$20,982.48
Putnam
896
676
1,572
328.94
$294,769.79
$24,564.15
O
V
Gilchrist
171
129
299
328.94
$56,102.64
$4,675.22
St Johns
684
516
1,200
328.94
$224,979.91
$18,748.33
d
Glades
9
7
16
328.94
$2,995.06
$249.59
St Lucie
2,918
2,201
5,119
328.94
$959,773.05
$79,981.09
Gulf
112
85
197
328.94
$36,984.71
$3,082.06
Santa Rosa
2,691
2,030
4,720
328.94
$885,071.67
$73,755.97
Hamilton
221
167
388
328.94
$72,754.30
$6,062.86
Sarasota
1,749
1,320
3,069
328.94
$575,392.96
$47,949.41
Hardee"
0
2
2
328.94
$0.00
$0.00
Seminole'
0
1,833
1,833
328.94
$0.00
$0.00
�I
r
Hendry
825
622
1,448
328.94
$271,428.33
$22,619.03
Sumter
80
60
140
328.94
$26,200.71
$2,183.39
N
Hernando
509
384
893
328.94
$167,379.79
$13,948.32
Suwannee
474
358
832
328.94
$155,931.50
$12,994.29
Highlands-0
464
464
328.94
$0.00
$0.00
Taylor
8
6
13
328.94
$2,519.08
$209.92
N
Hillsborough
10,205
7,698
17,903
328.94
$3,356,680.32
$279,723.36
Union
213
160
373
328.94
$69,952.98
$5,829.41
Holmes
105
79
184
328.94
$34,499.23
$2,874.94
Volusia
9,115
6,876
15,991
328.94
$2,998,338.48
$249,861.54
7
Indian River
737
556
1,293
328.94
$242,411.48
$20,200.96
Wakulla
146
110
256
328.94
$47,994.05
$3,999.50
4-
Jackson
188
142
329
328.94
$61,745.37
$5,145.45
Walton
374
282
655
328.94
$122,872.38
$10,239.37
0
Jefferson
68
51
118
328.94
$22,207.29
$1,850.61
Washington
167
126
293
328.94
$54,913.21
$4,576.10
Q
Lafayette
37
28
65
328.94
$12,272.45
$1,022.70
Out of State
410
309
719
328.94
$134,900.20
$11.241.68
Q
'These counties operate their own
facility or have
their youth housed at a county -operated facility for
pre-dispositional days.
The Shared Trust Fund appropriation
was reduced for these counties.
TOTAL
162,948
130,243
293,191
328.94
$53,600,092.52
J
LL
Total Estimated Cost of Secure Detention
$96,443,538.00
"These counties are fiscally constrained and their predispositional youth are housed at a county -operated facility. General
tQ
Revenue funding to DJJ was reduced for these counties.
6
Total Pre-Dispositional Estimated Cost County Responsibility)
(
�1 .�
f53465,92.33
U
Total Pre-Dispositional Estimated Cost Out of State (State Responsibility)
$134,900.20
CIS
Total Post-Dispositional Estimated
Cost (State
Responsibility)
$42,843,445.47
C
Fiscally Constrained Co. Est. Cost (included in co. pre-dispositional figure above)
$2,394,740.18
c
t
V
to
r
Q
Packet Pg. 98
Reconciliation 2014-15 Secure Detention Cost Sharing
8.C.9.a
County
Pre-
Dispositional
Days
Post-
Disposition
al Days
TOTAL
DAYS
Cost Per
Day
FY 14.15 Actual
County
Predispositional
Cost
Total Billed
FY 14-15
Net Debit/(Credit)
Due Based on
Amount Billed Not
Amount Paid ****
Total Unpaid
by County for
FY 14-15
Net
Debit/(Credit)it)
Due'*"
County
Pre-
Dispositional
Days
Post-
Disposition
al Days
TOTAL
DAYS
Cost Per Day
FY 14-15 Actual
County
Predispositional
Cost
Total Billed
14-15
Debit/(Credit)
Based on
Amount Billed
Unpaid by County
for FY 14-15
Total DUE
Alachua
3,301
2,126
5,427
$276.06
$911,274.06
$782,048.01
$129,226.05
$343,005.24
$472,231.29
Lake
1,297
1,125
2,422
$276.06
$358,049.82
$398,997.10
($40.947.28)
Baker**
356
109
465
$276.06
$98,277.36
$44,819.00
Lee
8,244
4,614
12,858
$276.06
$2,275,838.64
$2,320,554.00
($44,715.36)
Bay
3,652
2,579
6,231
1 $276.06
$1,008,171.12
$1,094,171.56
($bb.00u.4-
$404,715.52
$318,715.08
Leon
3,875
3,662 1
7,537
$276.06
$1,069,732.50
$995,201.81
$74,530.69
$74,530.6!
Bradford**
291
146
437
$276.06
$80,333.46
$103,026.35
Levy**
331
93
424
$276.06
$91,375.86
$80,894.47
Brevard
6,351
3,154
9,505
$276.06
$1,753,257.06
$1,472,891.70
$280,365.36
$439,230.60
$719,595.96
Liberty-
129
12
141
$276.06
$35,611.74
$17,181.43
Broward
15,683
9,938
25,621
$276.06
$4,329,448.98
$5,121,661.44
(:,
$1,820,573.52
$1,028,361.06
Madison**
311
153
464
$276.06
$85,854.66
$17,788.86
Calhoun**
236
64
300
$276.06
$65,150.16
$27,749.38
Manatee
2,944
2,744
5,688
$276.06
$812,720.64
$1,088,031.73
S,275'1'
$477,190.08
$201,878.9
Charlotte
1,462
561
2,023
$276.06
$403,599.72
$586,472.71
($182,872.9
($182,872.99,
Marion*
0
1,185
1,185
$276.06
$0.00
$0.00
Citrus
1,076
956
2,032
$276.06
$297,040.56
$145,776.55
$151,264.01
$151,264.01
Martin
1,302
578
1,880
$276.06
$359,430.12
$244,666.62
$114,763.50
$107,310.00
$222,073.5
Clay
1,029
1,351
2,380
$276.06
$284,065.74
$630,467.16
146,401.42!
($346,40'.<'
Monroe
753
218
971
$276.06
$207,873.18
$169,038.17
$38,835.01
$38,835.0
Collier
2,364
3,170
5,534
$276.06
$652,605.84
$1,318,885.33
966,279,,E
($666.2
Nassau
567
648
1,215
$276.06
$156,526.02
$188,931.17
($32.405
$72,264.12
$39,858.9'
Columbia-
1,048
1,063
2,111
$276.06
$289,310.88
$261,307.19
Okaloosa
2,804
1,966
4,770
$276.06
$774,072.24
$679,313.34
$94,758.90
$463,876.08
$558,634.9
Dade
24,501
9,997
34,498
$276.06
$6,763,746.06
$4,405,897.52
$2,357,848.54
$2,357,848.54
Okeechobee**
481
197
678
$276.06
$132,784.86
$108,691.42
Desoto**
753
393
1,146
$276.06
$207,873.18
$162,467.29
Orange
22,030
8,482
30,512
$276.06
$6,081,601.80
$3,530,353.17
$2,551,248.63
$1,323,882.45
$3,875,131.
Dixie**
178
95
273
$276.06
$49,138.68
$71,291.79
Osceola
2,025
878
2,903
$276.06
$559,021.50
$372,798.67
$186,222.83
$186,222.8
Duval
14,106
11,498
25,604
$276.06
$3,894,102.36
$5,241,823.19
Palm Beach
10,004
5,706
15,710
$276.06
$2,761,704.24
$3,679,074.76
a917,370.52)
$1,722,947.04
$805,576.5
Escambia
5,186
5,092
10,278
$276.06
$1,431,647.16
$2,365,119.58
Pasco
5,722
3,581
9,303
$276.06
$1,579,615.32
$1,210,276.67
$369,338.65
$369,338.E
Flagler
816
421
1,237
$276.06
$225,264.96
$290,951.52
Pinellas
15,030
3,630
18,660
$276.06
$4,149,181.80
$3,177,947.98
$971,233.82
$2,318,430.56
$3,289,664.
Franklin`*
170
165
335
$276.06
$46,930.20
$50,663.20
Polk*
5,480
5,480
$276.06
$0.00
$0.00
Gadsden**
587
655
1,242
$276.06
$162,047.22
$251,789.81
Putnam**
967
693
1,660
$276.06
$266,950.02
$294,769.79
Gilchrist**
129
75
204
$276.06
$35,611.74
$56,102.64
St Johns
972
605
1,577
$276.06
$268,330.32
$224,979.91
$43,350.41
$43,350.4
Glades**
100
18
118
$276.06
$27,606.00
$2,995.06
St Lucie
4,316
1,706
6,022
$276.06
$1,191,474.96
$959,773.05
$231,701.91
$231,701.9
Gulf"
118
0
118
$276.06
$32,575.08
$36,984.71
Santa Rosa
1,507
3,012
4,519
$276.06
$416,022.42
$885,071.67
o :,,, .: d,.25)
Hamilton-
284
100
384
$276.06
$78,401.04
$72,754.30
Sarasota
2,562
3,074
5,636
$276.06
$707,265.72
$575,392.96
$131,872.76
$131,872.1
Hardee**
6
21
27
$276.06
$1,656.36
$0.00
Seminole*
0
1,189
1,189
$276.06
$0.00
$0.00
Hendry**
498
245
743
$276.06
$137,477.88
$271,428.33
Sumter
225
46
271
$276.06
$62,113.50
$26,200.68
$35,912.82
$35,912.8
Hernando
1,463
489
1,952
$276.06
$403,875.78
$167,379.79
$236,495.99
$236,495.99
Suwannee**
467
470
937
$276.06
$128,920.02
$155,931.50
Highlands**
88
243
331
$276.06
$24,293.28
$0.00
Taylor**
178
82
260
$276.06
$49,138.68
$2,519.08
Hillsborough
19,213
4,074
23,287
$276.06
$5,303,940.78
$3,356,680.32
$1,947,260.46
$1,058,116.08
$3,005,376.54
Union-
302
143
445
$276.06
$83,370.12
$69,952.98
Holmes**
392
412
804
$276.06
$108,215.52
$34,499.23
Volusia
9,407
6,855
16,262
$276.06
$2,596,896.42
$2,998,338.48
-�jl,"220..,
$2,188,455.48
$1,787,013.
Indian River
1,818
782
2,600
$276.06
$501,877.08
$242,411.48
$259,465.60
$259,465.60
Wakulla**
206
217
423
$276.06
$56,868.36
$47,994.05
Jackson**
344
189
533
$276.06
$94,964.64
$61,745.37
Walton
458
514
972
$276.06
$126,435.48
$122,872.38
$3,563.10
$3,563.1(
Jefferson"
61
33
94
$276.06
$16,839.66
$22,207.29
Washington-
195
130
325
$276.06
$53,831.70
$54,913.21
Lafayette**
0
42
42
$276.06
$0.00
$12,272.45
Out of State
2,137
774
2,911
$276.06
$589,940.22
$134,900.20
*These counties operate their own facility or have their youth housed at a county -operated facility for pre-dispositional days. The Shared Trust Fund appropriation was
reduced for these counties.
**These counties are fiscally constrained and their predispositional youth are housed at a county -operated facility. General Revenue funding to DJJ was reduced for
these counties.
Total Cost Excludes Repair and Maintenance Cost ($585,069.88)
TOTAL
209,408
124,718
334,126
$276.06
$57,219,232.26
$53,600,092.54
$3,607,371.74
$12,739,996.77
$16,347,362
Total Cost of Secure Detention***
Total Pre-Dispositional Cost (County Responsibility) (Does not include out-of-state)
Total Pre-Dispositional Cost Out of State (State Responsibility)
Total Post-Dispositional Cost (State Responsibility)
$92,238,643.37
$57,219,232.26
$589,940.22
$34,429,470.89
Fiscally Constrained Co. Cost (included in co. pre-dispositional figure above)
$2,541,408.36
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Updated 4:41 PM12/17/2015
Packet P9, 99
8.D.1
ITEM NO. RES-2016-10
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 01/26/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
Budget Resolution - Florida Department of Transportation (FDOT)
Supplemental Service Development Grant for Lakewood Park.
On August 12, 2014, the BOCC approved the County's Transit Development Plan (TDP) 2015-2024 Major
Update, "Bus Blueprint." In this document, transit priorities are established for transit operations and
infrastructure improvement to be implemented when funding is available. FDOT identified funding for a
Service Development grant for Lakewood Park.
This grant provides supplemental funding for years two and three of the grant in the amount of $278,000,
which will be matched with $278,000 from the Transit Municipal Services Taxing Unit (MSTU) and other
local funding sources.
The total FDOT funds allocated for the FY16 and FY17 are $556,000 requiring a local match of $556,000
that is provided by various Federal, State and local funding sources, including the MSTU. The addition of
these funds brings the total project amount to $747,000. Community Transit will be the subrecipient as
the local transit provider.
Year
FDOT
MSTU
Total
FY15
$95,500
$95,500
$191,000
FY16
$139,000
$139,000
$278,000
FY17
$139,000
$139,000
$278,000
TOTAL
$373,500
$373,500
$747,000
PREVIOUS ACTION:
December 2, 2014 - Board approved year one of Lakewood Park Service Development funding (C14-12-
667).
FINANCIAL IMPACT:
Packet Pg. 100
8.D.1
Since these supplemental funds were not anticipated in Fiscal Year 2016, a budget must be established to
expend these funds. Matching funds will be provided from the Transit Municipal Services Taxing Unit.
Funds will be deposited into the FDOT Lakewood Park Regional Bus Route Grant (130219-4910-334493-
400).
RECOMMENDATION:
Staff recommends Board acceptance of the FDOT Supplemental Service Development grant FM#436878-
1-84-01, approval of Budget Resolution and subgrant amendment and authorization for the Chairman to
sign documents, as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
yder, Community services Direi,or 1/13/2016
anie S. McIntyre, Co;anty "Attorney 1/14/2016
Updated: 1/13/2016 4:30 PM by Sophia Holt Page 2
Packet Pg. 101
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
8.D.1.a
PUBLIC T
6111
Paqe 1 of 3
Number 01
Financial Project No.:
Fund:
DPTO
FLAIR Approp.: 088774
436878-1-84-01
Function:
215
FLAIR Obj.: 75000
(item -segment -phase -sequence)
Federal No.:
Org. Code: 55042010429
Contract No.: ARR83
DUNS No.:
80-939-7102
Vendor No.: V596000835079
CFDA Number:
CSFA Number:
55012
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St. Lucie BOCC, 2300 Virginia Ave, Ft Pierce, FL 34982
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 5 th day of February , 2015
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $ 373,500.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
to add Year 2 and Year 3 funding for the Lakewood Park Public Transit Route operating between Fort Pierce and
Vero Beach.
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6111
Paqe 2 of 3
2.00 Project Cost:
Paragraph 3.00 of said Agreement is • increased 0 decreased by $ 556,000.00
bringing the revised total cost of the project to $ 747,000.00
Paragraph 4.00 of said Agreement is • increased 0 decreased by $ 278,000.00
bringing the Department's revised total cost of the project to $ 373,500.00
3.00 Amended Exhibits:
Exhibit(s) B of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 16.00 of said Agreement 12/30/2018 .
5.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
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PUBLIC T
6111
Paqe 3 of 3
Financial Project No. 436878-1-84-01
Contract No. ARR83
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated 02/05/2015
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
St Lucie BCC
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
111111112
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Stacy L. Miller, P.E.
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
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8.D.1.a
Financial Project No. 436878-1-84-01
Contract No. ARR83
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the
State of Florida, Department of Transportation and St Lucie BOCC
2300 Virginia Ave, Ft Pierce, FL 34982
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
Year 2 and Year 3 funding for the Lakewood Park Public Transit Route
As Approved As Amended Net Change
Project Cost $191,000 $ 747,000 $ 556,000
As Approved
As Amended
Net
II.
Fund
DPTO
DPTO
DPTO
Department:
$ 95,500
$ 373,500
$ 278,000
Agency:
$ 95,500
$ 373,500
$ 278,000
Federal:
$
$
$
Total Project Cost
Comments:
$191, 000 $ 747, 000 $ 556, 000
Packet Pg. 105
8.D.1.a
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
0
0
3
III. MULTI -YEAR OR PREQUALIFIED PROJECT FUNDING
J
If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds Q
are programmed in the Department's Work program in the following fiscal year(s): a
FY Amount
N/A y N/A
Packet Pg. 106
8.D.1.b
RESOLUTION NO. 14-215
A RESOLUTION ACCEPTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT
(FINANCIAL PROJECT. NO. 436878-1-84-01) FOR O N E
YEAR OF SERVICE DEVELOPMENT FUNDING TO
OPERATE AND PROMOTE THE NEW LAKEWOOD PARK
REGIONAL BUS ROUTE AND AUTHORIZING THE CHAIR
TO EXECUTE THE AGREEMENT AND FURTHER
AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE
THE AGREEMENT BY APPROVING IT AS TO FORM AND
CORRECTNESS.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County o n e
year of service development funding to operate and promote the new Lakewood
Park Regional Bus Route (Financial Project No. 436878-1-84-01).
2. The Board should authorize and approve execution of the Public
Transportation Joint Participation Agreement with the State of Florida Department of
Transportation for the above -referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of St. Lucie County, Florida:
1. The Board hereby accepts and approves the Public Transportation
Supplemental Joint Participation Agreement with the State of Florida (Financial Project
No. 436878-1-84-01) to provide funding for SERVICE DEVELOPMENT FUNDING
TO OPERATE AND PROMOTE THE NEW LAKEWOOD PARK REGIONAL BUS
ROUTE.
2. The Board hereby authorizes the Chair to execute the above -referenced
agreement and further authorizes the County Attorney to execute the agreement by
approving it as to form and correctness.
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After motion and second, the vote on the resolution was as follows:
Chair Paula Lewis AYE
Vice -Chair Kim Johnson AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 2nd day of December 2014.
ATTEST:
RUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM
AND CORRECTNESS:
A,s61COUNTY ATTORNEY
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8.D.1.b
Financial Project No.:
436878-1-84-01
(ftem-segment-phase-sequence)
Contract No.:
CFDA Number:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: DPTO
Function: 215
Federal No.:
DUNS No.: 80-939-7102
Agency DUNS No.: 072215403
FLAIR Approp.: 088774
FLAIR Obj.: 750012
Org. Code: 55042010429
Vendor No.: V596000835079
CSFA Number: 55012
725-030-06
PUBLIC TRANSPORTATION
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CFDA Title: CSFA Title: Service Development
THIS AGREEMENT, made and entered into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St Lucie County BOCC
2300 Viroinia Avenue. Fort Pierce. FL 34982
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 12/30/2018 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.051 , Florida Statutes, to enter into this Agreement.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree N
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is Z
to grant one year of service development funding to operate and promote the new Lakewood Park
Regional Bus Route. The total amount may be supplemented for two additional years, contingent
upon project performance.
and as further described in Exhibit(s) A.B.C.D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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PUSLIC TRANSPORTATION
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards
completion.
3.00 Project Cost: The total estimated cost of the project is $ 191,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 95,500.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective W
date of this agreement. It is understood that State participation in eligible project costs is subject to:
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(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received
the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may
initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as
shown in paragraph 4.00.
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5.00 Project Budget and Payment Provisions:
5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or
Amendment thereto, and is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the
project or project phase is scheduled in the worts program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms
of this Agreement shall be maintained in the project account and made available upon request to the Department at all
times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents
and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general
accounting records and the Project records, together with supporting documents and records, of the Agency and all
sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered
necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of
the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
LO
6.40 Documentation of Project Costs: All costs charged to the project, including any approved services N
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
6
6.60 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is Z
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on w
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
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6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or c
Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement 2
for a period of five years from the date the audit report is issued, and shall allow the Department access to such records f°
n
and working papers upon request. The following requirements do not limit the authority of the Department to conduct or U
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state L
agency inspector general, the Auditor General, or any other state official. Q
r
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
0
this reference made a part hereof this Agreement.
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6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and
Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site ~
O
visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other procedures. 0
The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the r
Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency a0i
agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. E
a
The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed c
necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. >
6.62 Audits:
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Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: m
E
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must n
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Q
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In N
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, M
including Federal resources received from the Department. The determination of amounts of Federal awards expended N
L
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient >_
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the N
requirements of this part. W
2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the c
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-1 33.
co
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
N
provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit u7
must be paid from resources obtained from other than Federal entities. LU
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, LID
award number and year, and name of the awarding federal agency. N
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Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and Z
a recipient of state funds, the following annual audit criteria will apply: y
w
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance c
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state R
financial assistance, including state financial assistance received from the Department, other state agencies, and other r_
nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources
CU
received by a nonstate entity for Federal program matching requirements. a
v
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial Q
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. p
3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
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4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
L
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part 1V Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and
required by Section 6.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133 as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133 as revised, submitted to the
following address:
Federal Audit Clearinghouse .17
Bureau of the Census LU
1201 East 10th Street W
Jeffersonville, IN 47132 LO
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C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133 as revised. T-
2. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for
reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal
awards directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133 as revised, as revised, the recipient shall submit a copy
of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any management letters
issued by the auditor, to the Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
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3. Copies of financial reporting packages required by Section 7.62 Part It of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following: p
A. The Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this .17
Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215.97, Florida uJ
Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of W
the Auditor General, as applicable. LO
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6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the O
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Agency in correspondence accompanying the reporting package.
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6.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
6.66 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will
maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
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7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard . Fort Lauderdale , FL,
33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to O
the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established
in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit "A" has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and
shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the
maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property u;
together with any attendant relocation of occupants was accomplished in compliance with all LU
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property. LO
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7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
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requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department Z
may elect by notice in writing not to make a payment on the project if: 07
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
or
7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
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7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs F-
incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs 0
which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or LL
services received under a contract or other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein N
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project W
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other c
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the c
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, N
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department Ch
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upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a W
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of LO
any claim which the Department may otherwise have arising out of this Agreement. r
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8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter p
119, F.S. and made or received in conjunction with this Agreement. Z
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
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10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties d
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of ~
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Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will 0
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall ILL.
certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants'
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Competitive Negotiation Act. E
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves the purchase of commodities
or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which
includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for
CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter
287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency
to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the
current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services
contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval,
and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy
as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient LO
shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and N
administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved v
by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry Z
out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate y
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 W
U.S.C. 3801 of seq.) ,
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
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11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d,
at. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title V111 of the Civil Rights Act of 1968, 42 USC 3601,et
seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed,
sex, and age.
11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project
or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an
officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's
spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the N
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit
arising therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
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12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
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held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
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continue to conform to the terms and requirements of applicable law.
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12.60 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
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also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
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financing hereunder.
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12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
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compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
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law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
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such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
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useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
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develop control systems as required by 49 CFR Part 18, when applicable.
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12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
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during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
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Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
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proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
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12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
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harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
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expense arising out of an act, error, omission, or negligent act b the Agency, its a agents, or employees, durin the
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performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
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paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
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by the Department or any of its officers, agents, or employees during the performance of the Agreement.
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When the Department receives a notice of claim for damages that may have been caused by the Agency in the
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performance of services required under this Agreement, the Department will immediately forward the claim to the
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Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
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(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
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determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Departments failure to promptly notify the Agency
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of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
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The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
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13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the d
constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an F-
Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, 0
specifications, construction contract documents, and any and all other engineering, construction, and contractual u_
documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the E
Department as applicable; a
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b. The plans were developed in accordance with sound engineering and design principles, and with generally m
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans
and specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
16.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, N
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves u7
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any uJ
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such W
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior LO
to entering Into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for Z
a period of more than 1 year." y
16.00 Expiration of Agreement: The Agency agrees to complete the project on or before
12/30/2018 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
Director of Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
19.00 Restrictions on Lobbying:
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19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of
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the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
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awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
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cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant,
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loan or cooperative agreement.
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If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
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to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
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employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete
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and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
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subrecipients shall certify and disclose accordingly.
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19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
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agency.
20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
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Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
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inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
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The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
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days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
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If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to
the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers,
as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
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Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment.
The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
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A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual LO
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the N
Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services
at 1-877-693-5236.
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21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
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for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
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submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in
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excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
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22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
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on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
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the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
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may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
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entity, and may not transact business with any public entity.
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23.00 E-Verify:
Vendors/Contractors:
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1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
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to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
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725-030-06
PUBLIC TRANSPORTATION
OGC - 114
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St Lucie County BOCC
AGENCYNAME
Pow I&- (�. uwtS
SIGNATO Y (PRINTED OR TYPED) _
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SIGNATURE
►..�1 7J-1 1
TITLE
APPROVED AS TO FORM
AND CORRECTNESS
COUNTY A ORNEY
Rss d -
TIES ED
Deputy Clerk
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Gerry O'Reilly
DEPARTMENT OF TRANSPORTATION
Director of Development
TITLE
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Financial Project No. 436878-1-84-01
Contract No.
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St Lucie BOCC
2300 Vlrainia Avenue. Fort Pierce, FL 34982
referenced by the above Financial Project Number.
PROJECT LOCATION:
St Lucie and Indian River Counties
PROJECT DESCRIPTION:
Operations and promotion of new bus route providing service between St Lucie and Indian River Counties through
the Lakewood Park Neighborhood.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will
reflect the Department's contract number, Financial Project Number and the Federal Identification number, where
applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local
funding action and the funding action from any other source with respect to the project.
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If the project scope changes, the FDOT project manager must be notified in writing, including but not limited to: route
change/length, number and/or size of vehicles, operating hours, fares, number of stops, headway, funding, etc. o
DELIVERABLES:
1.) Quarterly reports, including ridership data, are to be submitted every three months.
2.) A detailed five-year project budget or pro -forma that delineates all operating and capital expenses associated with the
project, clearly defines the expenses associated with the project as it relates to this grant and proposed/projected
revenue stream.
3.) A copy of the service area or route map and/or schedules.
4.) Copy of any third party agreement that is paid for in whole or part with Service Development or Transit Corridor grant
funds, please see section 12.0 of JPA. This includes but is not limited to, purchased transportation services. All third party
contracts must be reviewed by FDOT prior to issuance.
5.) Site visits and route field review may be required by the state project manager to monitor the progress of the project.
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Financial Project No. 436878-1-84-01
a
Contract No. a
Agreement Date
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EXHIBIT "B" um
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PROJECT BUDGET a
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St Lucie BOCC
2300 Virginia Avenue, Fort Pierce, FL 34982
referenced by the above Financial Project Number.
1. PROJECT COST:
TOTAL PROJECT COST:
II. PARTICIPATION:
Maximum Federal Participation
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
Primary
DPTO
Federal Reimbursable
Local Reimbursable
TOTAL PROJECT COST:
$191,000.00
$191,000.00
( %) or $
( %) or $
( 50 %) or $ 95,500.00
( %) or $
( 50 %) or $ 95,500.00
( %) or $
( %) or $
$191,000.00
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8.D.1.b
Financial Project No.
Contract No.
Agreement Date
EXHIBIT "C"
(GENERAL - with Safety Requirements)
436878-1-84-01
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and St Lucie BOCC
2300 Virainia Avenue, Fort Pierce FL 34982
referenced by the above Financial Project Number.
Reference statutes as applicable.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the
Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has
adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
_ Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its System
Safety Program Plan, pursuant to Rule Chapter 14-55.
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_ Fixed Guideway Transportation System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a N
certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55. Prior to
beginning passenger service operations, the Agency shall submit a certification to the Department that the o
system is safe for passenger service. Z_
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Financial Project No. 436878-1-84-01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc... )
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Aaencv Catalog of Federal Domestic Assistance (Number &Title) Amount
Compliance Reauirements
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STATE RESOURCES LO
State Aaencv Catalog of State Assistance (Number & Title) Amount N
FDOT 55012 $ 95,550.00 T-
Compliance Requirements Z
Service Development Projects are subject to specified times of duration,but no more than three years. W
Matching Resources for Federal Programs
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Federal Agency Catalog of Federal Domestic Assistance (Number &Title) Amount m
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Compliance Requirements
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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RESOLUTION
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WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. °o
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in Y
ca
the form of a Florida Department of Transportation (FDOT) Grant, in the amount of $278,000, as funding
for the CS FDOT Lakewood Park Bus Route. Q
a
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 26th day of January, 2016, pursuant to Section 129.06 (d), Florida
Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is
hereby amended as follows:
REVENUE
130219-4410-334493-400 FDOT-Other $278,000
APPROPRIATIONS
130219-4410-582015-400 Council on Aging $278,000
After motion and second the vote on this resolution was as follows:
Commissioner Kim Johnson, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED THIS 26TH DAY OF JANUARY, 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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8.D.1.d
FIRST AMENDMENT TO SUBGRANT AGREEMENT
C14-12-667 FM NO. 436878-84-01
THIS SUBGRANT AGREEMENT, made this day of ,
2016, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida,
hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida
nonprofit corporation, or its successors, executors, administrators, and assigns,
hereinafter called the "Recipient."
WHEREAS, on December 2, 2014, the parties entered into a subgrant agreement
wherein the County agreed to disburse grant funds in a total amount not to exceed one
hundred and eighty five thousand and 00/100 dollars ($185,000.00), including ninety two
thousand five hundred and 00/100 dollars ($92,500) from the Florida Department of
Transportation ("FDOT"), and ninety two thousand five hundred and 00/100 dollars
($92,500) from such other eligible transit funding sources as the local match required
pursuant to Public Transportation Joint Participation Agreement ("JPA") between the
County and FDOT (FM NO. 436878-84-01); hereafter referred to as the "Grant
Agreement"; and,
WHEREAS, FDOT has awarded the County supplemental funds under the JPA
for years two and three of two hundred and seventy-eight thousand and 00/100 dollars
($278,000.00) per year from FDOT and,
WHEREAS, the County is required to provide matching funds for years two and
three in the amount of two hundred and seventy-eight thousand and 00/100 dollars
($278,000.00) per year from local eligible transit funding sources, and
WHEREAS, the parties desire to amend the Grant Agreement to provide for the
supplemental funds under the JPA.
NOW, THEREFORE, in consideration of the mutual benefits received by each
party the parties hereby agree to amend the Grant Agreement as follows:
1. Paragraph 1 of the Grant Agreement shall be amended to read as follows
1. The County shall disperse to the Council a subgrant in a total amount not to exceed
seven hundred and forty-one thousand and 00/100 ($741,000.00), hereinafter referred to
as the "Grant Agreement." Of this amount, three hundred seventy thousand five hundred
dollars and 00/100 ($370,500.00) will be from the Florida Department of Transportation,
and, three hundred seventy thousand five hundred dollars and 00/100 ($370,500.00) will
be from such other eligible transit funding sources as may be available. The Council shall
use the funds dispersed pursuant to this Grant Agreement for operation of public transit
services called the "Project." The Council shall submit requests for payment to the County
in a form acceptable to the County and in accordance with the terms and conditions of
this Grant Agreement.
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2. All other terms and conditions of the Grant Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have caused the execution by their
duly authorized officials as of the day and year first written above.
ATTEST:
DEPUTY CLERK
ATTEST:
SECRETARY
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
COUNCIL ON AGING OF ST. LUCIE, INC.
BY:
PRESIDENT/CHIEF EXECUTIVE OFFICER
(SEAL)
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8.D.2
ITEM NO. RES-2016-11
TO:
PRESENTED BY:
SUBMITTED BY:
411 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Stefanie Myers, Human Services Manager
Human Services Division
Budget Resolution - SAFER St. Lucie
DATE: 01/26/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
SAFER St. Lucie (Support Alliance for Emergency Resiliency) is a 501(c)3 that assists residents to be
resilient in the face of disaster by providing outreach and education throughout the disaster cycle of
preparedness, response, recovery and mitigation.
The United Way has awarded $20,000 to SAFER as partial funding to hire staff to provide planning
support, education and outreach to improve community disaster resiliency. This position will also seek
funding to ensure sustainability of SAFER. The SAFER Executive Board has requested County assistance in
providing direction and oversight for the position. The initial agreement was approved by the Board in
FY15.
PREVIOUS ACTION:
August 18, 2015 - Board approved agreement with SAFER St. Lucie.
FINANCIAL IMPACT:
These grant funds were not carried forward from the FY15 budget and therfore must be established for
FY16 (001826-2510-337640-29503).
RECOMMENDATION:
Staff recommends Board approval of the Budget Resolution and authorization for the Chairman to sign
documents as approved by the County Attorney.
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Coordination/Signatures
JIF
Community Services Dh ULLUI 1/13/2016
4anief& McIntyre, C my ttorney 1/14/2016
Updated: 1/14/2016 8:32 AM by Sophia Holt Page 2
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RESOLUTION
8.D.2.a
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in
the form of a United Way of St. Lucie County Grant, in the amount of $20,000, as funding for the Public
Safety (former Community Services) SAFER St. Lucie Disaster Education.
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 26th day of January, 2016, pursuant to Section 129.06 (d), Florida
Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is
hereby amended as follows:
REVENUE
001826-2510-337640-29503 United Way of SLC $20,000
APPROPRIATIONS
001826-2510-512000-29503 Salaries $20,000
After motion and second the vote on this resolution was as follows:
Commissioner Kim Johnson, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED THIS 26TH DAY OF JANUARY, 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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8.D.2.b
ITEM NO. RES-2015-142
TO:
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Stefanie Myers, Human Services Manager
Human Services Division
DATE: 08/18/2015
*CONSENT
AGENDA\COMMUNITY
SERVICES
Resolution - SAFER St. Lucie Community Education and Outreach
Agreement
St. Lucie Inspired Network to Achieve Community Together, Inc. (INTACT) is a 501(c)3 formed after the
2004 hurricanes to coordinate services for residents with unmet disaster needs. INTACT is now doing
business as SAFER St. Lucie (Support Alliance for Emergency Resiliency) and assists residents throughout
the disaster cycle of preparedness, response, recovery and mitigation.
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SAFER St. Lucie completed an application to the United Way for $40,000.00 to hire staff to provide
planning support, education and outreach to improve community disaster resiliency. The United Way c
awarded a $20,000.00 Grant to support the program. The SAFER Board has requested County assistance
in providing direction and oversight for the position.
Community Services has identified other grant funds to allow this to be a full-time position with benefits
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
These grant funds were not included in the approved FY15 budget; a budget needs to be established prior
to expenditure. Funds will be deposited into the Community Services SAFER St. Lucie fund (001826-6420-
337640-600). Additional position funding will be provided through 001823-6420-512000-600.
RECOMMENDATION:
Staff recommends Board acceptance of the agreement with SAFER St. Lucie, approval of Budget
Resolution and Position Request and authorization for the Chair to sign documents as approved by the
County Attorney.
COMMISSION ACTION:
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8.D.2.b
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Tod Mowery
ABSENT: Frannie Hutchinson
Coordination/Signatures
Ryder, Community Servl s Dir or 8/6/2015
Dani I S. McIntyr , C my Attorney 8/10/2015
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Paula A. Lewis, District No. 3, f 1 it 8/18/2015
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COMMUNITY EDUCATION AND DISASTER SPECIALIST
JOB CODE: XX
PAY GRADE: 18
SALARY: $16.75-$26.89/hr.
MAJOR FUNCTION:
This is an advanced independent grant funded position responsible for all hazards disaster resiliency planning
and outreach and education for St. Lucie County. This position reports to the Human Services Manager and
strives to minimize the community's risk to all hazards, making it safer, stronger, sustainable and more
resilient from any man-made or natural disasters.
KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS:
Knowledge:
1. Strong knowledge of business English, public speaking, report and grant writing and record keeping.
2. Knowledge of and experience with basic principles and practices of public outreach and involvement,
including marketing principles and practices.
3. Knowledge of emergency management standards and preparedness planning.
4. Knowledge of local, state and federal disaster programs.
5. Knowledge and experience of basic principles and practices of program/project planning and
management.
Abilities:
1. Provide and present information in an organized and understandable manner.
2. Establish and maintain effective working relationships with external agencies, community leaders,
government representatives and customers.
3. Ability to present a positive image of the organization to members of the community.
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4. Self -directed, highly organized and efficient with sharp attention to detail.
5. Highly motivated and creative with the ability to take initiative and work independently to assist supervisor
in accomplishing program and service goals effectively and efficiently.
6. Engage, coach, evaluate, influence and motivate others to coordinate program activities with multiple
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stakeholders to ensure agreement and consensus.
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7. Understand and implement grant and/or program requirements.
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8. Work a flexible schedule that may include evenings and weekends.
9. Work with minimal supervision to accomplish program or service goals effectively and efficiently.
10. Work on multiple projects simultaneously.
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11. Remain calm and professional in all situations.
Skills:
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1. Skill in setting priorities, which accurately reflect the relative importance of job responsibilities.
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2. Intermediate to advanced proficiency in MS Windows and Office software (Outlook, Excel, Word,
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PowerPoint, Publisher)
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3. Excellent interpersonal, written and verbal communication skills. Must be able to use appropriate content,
grammar, punctuation and spelling.
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ESSENTIAL JOB FUNCTIONS:
1. Build relationships with faith based organizations, social service groups, businesses and other entities to
increase communication and build opportunities for collaboration among all groups.
2. Facilitate communication among disaster community partners and support increased awareness of
Community Services and SAFER St. Lucie through social and other media, as well as coordinating
membership and meetings for SAFER St. Lucie.
3. Develop, coordinate and deliver emergency preparedness/mitigation of education presentations and
outreach for residents, businesses, organizations, etc., including scheduling presenters, recruiting
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8.D.2.b
volunteers, developing and preparing promotional and educational materials, and maintaining contacts
with partner organizations.
4. Create, implement and maintain sustainability plans for local disaster resiliency, preparedness, mitigation,
response and recovery coordination, including researching and assisting with grant writing.
5. Lead development of appropriate systems and procedures for disaster management, reporting and
contingency planning, including donations and volunteer activities.
6. Ensure that local disaster partners are ready to support operations before, during and after an emergency
incident.
7. Provide orientation, training and diverse opportunities for affiliated and spontaneous volunteers.
8. Work with the community to incorporate mitigation and resilience -building measures into recovery plans
and implementation, as well as identify and prioritize recovery and resiliency projects.
9. Performs related work as requested or assigned.
10. Must be able to work a flexible schedule including evenings and weekends.
ESSENTIAL PHYSICAL SKILLS:
Good vision, hearing, speaking with or without correction. Use of both hands and fingers with dexterity.
Occasional walking and standing is required with extended periods sitting for computer use. Requires
dexterity in operating office machines and equipment and periodic need to carry items weighing up to 40 lbs.
WORK HAZARDS:
Possible vision or hand/arm dysfunction due to heavy computer work.
SAFETY EQUIPMENT USED OR NEEDED:
None
EDUCATION:
A Bachelor's Degree in emergency management, business/public administration, community development or
a closely related field from an accredited college or university. A comparable amount combination of related
education, training and experience that demonstrates the knowledge, skills and ability to effectively perform
the functions of this position may be considered. The ability to speak and read Spanish or Creole is desirable.
EXPERIENCE:
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A minimum of three years of progressively responsible related experience. W
LICENSE, CERTIFICATION OR REGISTRATION:
Valid Florida driver's license with a clean driving record and the ability to drive. The Department may require
applicant to have or obtain specific certification or training.
Union Non -Union ✓ Exempt Non -Exempt ✓
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8.D.2.b
SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
PROGRAM COVER PAGE
Organization Name: dba SAFER St. Lucie (Support Alliance for Emergency Resiliency), •
Executive Director: Carmen Capezzuto, Chair carmencAcityofpsl.com •
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Address: 450 SW Thornhill Drive Telephone: (772) 871-5148 g "
Port St. Lucie, FL 34984 Fax: SAFER
ST. LUCIE COUNTY
Program Director: Stefanie Myers myerss Cl,stlucieco.org SUPPORT ALLIANCE FOR EMERGENCY RESILIF
Address: 437 N 7 Street Telephone: (772)462-1176
Fort Pierce, FL 34950 Fax: (772) 462-2094
Program Title: N/A
Focus Area: Disaster Resiliency Coordination and Education
Brief Description of the Program: This program will provide strategic
community planning and education services through all stages of the
disaster cycle to support the resiliency of the County in disaster situations,
ensuring improved preparedness and a faster return to normalcy.
Disaster Cvcic
PROGRAM SUMMARY REPORT
Amount Requested from Funder for 2015/2016:
$
40,000.00
Total proposed Program Budget for 2015/2016:
$
70,000.00
Percent of Total Program Budget:
57.1 %
Any Current Program Funding from THIS Funder (2014/15):
$
-
Dollar increase/(decrease) in request:
$
40,000
Percent increase/(decrease) in request **:
#DIV/0!
Unduplicated Number of Children to be served in 2015/2016:
1,000
Unduplicated Number of Adults to be served in 2015/2016:
2,000
Total Program Projected Cost per Client:
23.33
**If request increased by 10% or more over previous year's allocation, briefly explain why:N/A
If these funds are being used to match another source, name the source and the $ amount: N/A
Fiscal Year: ❑ Jan/Dec ® July/June ❑ Oct/Sept EIN #: 29-2629999
The Organization's Board of Directors has approved this application on (date). October 14, 2014
Carmen Capezutto
Name of President/Chair of the Board Signature
Stefanie Myers
Name of Executive Director/CPO Signature
' St. Lucie Inspired Network to Achieve Community Together, Inc.
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
PROPOSAL NARRATIVE
A. ORGANIZATION CAPABILITY
1. Provide the mission statement and vision of your organization.
Vision: To create a community that is resilient to disasters.
Mission: To achieve a disaster resilient and safe community through education, training, planning and
collaboration. SAFER serves the community throughout the course of the disaster cycle through:
• Strategic planning and communication facilitation to coordinate the efforts of human service and faith -
based organizations; businesses; state, federal, local government; and more to ensure that St. Lucie is
resilient in times of disaster.
• Community education about disaster preparedness, mitigation, response and recovery strategies and
resources to improve resiliency.
• Identification of funding to support resiliency efforts.
2. Provide a brief summary of your organization including areas of expertise, accomplishments, and population served.
St. Lucie INTACT, doing business as SAFER St. Lucie, is a 501(c)(3) non-profit that was formed following
the 2004 hurricanes that devastated the County. A collaborative of 40+ organizations partnered to address
the long-term recovery needs of residents and to serve as a clearinghouse for information and services for
those needing assistance to recover from the storms. Since its inception, SAFER has provided needs
assessments, case management, advocacy, and resource identification services for more than 2,500
households; mitigated 467 homes through the installation of hurricane strapping, secondary water barriers,
storm shutters and/or storm resistant garage doors; repaired approximately 80 homes damaged by disaster;
coordinated hundreds of volunteers; and educated an uncounted number of residents on the importance of
preparedness and mitigation in increasing the ability to bounce back after a disaster. It has also created a
Multi -Agency Feeding Task Force Plan to coordinate response efforts in St. Lucie after disaster. Member
organizations have also educated businesses, homeowner/neighborhood associations, churches and other
groups, teachers, and more in their capacity with SAFER.
In 2012, members from the Long -Term Recovery and the Volunteer Organizations Active in Disaster
organizations approved the merger of their organizations to form SAFER St. Lucie. This merger allowed
for the expansion of the mission to include the entire disaster cycle and eliminated the potential for
duplication of effort. By assisting residents and groups throughout the disaster cycle to enhance resiliency,
the organization streamlines planning and coordination to effectively use resources to help the greatest
number of residents. The membership continues to include volunteer and service organizations, health and
human service providers, local businesses, government, and faith based entities.
SAFER serves all residents of the County. Those who have no resources to address recovery from a disaster
are assisted as funds are available and in accordance with grant guidelines.
2 American Red Cross, Council on Aging, Habitat for Humanity, County and City Emergency Management, Community Services, Indian River State College,
Mustard Seed Ministries, the United Way, Roundtable of St. Lucie, Treasure Coast Food Bank, Cros Ministries, County and City Community Services, FEMA,
Salvation Army, New Horizons of the Treasure Coast, Department of Health, Community Emergency Response Team, Indiantown Non-profit, Indian River
Presbyterian, 211, First United Methodist, Seventh Day Adventists, University of Florida Extension, Project Hope, Consumer Credit Management Services, Church
World Services, Christian World Relief Committee, United Methodist Conference on Relief, Humane Society of St Lucie County, Fort Pierce Housing Authority,
Goodwill Presbyterian, Florida Equal Justice, Volunteer Florida, National Animal Crisis Response, Veteran Services, Lutheran Disaster Services, Presbyterian
Disaster Assistance, Department of Financial Services, State Emergency Response Team, Weed and Seed, Public Defender's office Lakewood Park United
Methodist, St. Lucie County Sheriff, Treasure Coast Homeless Services Council, Project Response, Trinity Lutheran Church, United for Families, Zion Tabernacle
Church, Area Agency on Aging, Daniel M Foundation, St. Andrews Church, Boys and Girls Club, Department of Juvenile Justice, Coalition for hidependent Living
Options, Indiantown Non-profit, Children's Services Council of St. Lucie, and more.
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
t3. YKUUKA1V111Vr VK1V1A11UN (Entire Nection t3 not to exceea ttiree
1. Describe the program with emphasis on primary program activities.
The requested funding will be used to hire a staff person and obtain the tools necessary to implement board
directives:
Engage and educate community members to strengthen themselves and others through preparedness and
mitigation.
Connect and build support networks and coordinated strategic plans within the community for disaster
preparedness, mitigation, response and recovery.
resources and organization capabilities to
2. Substantiate the need and indicate how this program addresses the need.
After several seasons without a large disaster, there is a complacency towards preparedness. Residents do
not have a sense of urgency or priority to identify and/or implement resiliency strategies. This is true for
large disasters such as hurricanes and wild fires, but also for smaller events such as flooding or house fires.
There is resistance to disaster planning because it consumes resources (e.g., time, money) that could be
allocated to what is seen as more immediate needs and it forces people to look at potential vulnerabilities.
The topic needs to be in the public eye on a regular basis and include a broad focus on a variety of potential
situations, not just hurricanes.
Experience has illustrated that those impacted by disaster cannot rely solely on government to help with
recovery. By taking the lead with local level resiliency education, coordination and planning, SAFER can
emphasize what communities can do for themselves and can strengthen the capacity of residents,
organizations and businesses to be resilient by identifying interdependencies, needs, and resources in
advance. Prepared individuals are aware of potential risks, understand where they can turn for help, know
what their personal responsibilities are, and are willing to help their neighbors and community members.
Planning ahead helps residents have a greater sense of control and fewer feelings of helplessness that can
impede a return to normalcy. It also allows resources to be mobilized and leveraged more quickly,
efficiently and effectively to address needs. Community resiliency means that St. Lucie can anticipate
threats, limit their effects and rapidly restore functionality after a crisis.
Maintaining awareness of the need for resiliency and prioritizing preparedness with a focus on readiness,
continuity planning, risk reduction and shortened recovery time is a constant challenge. Research has shown
that the most resilient communities are those that provide the support, knowledge, insight, and
encouragement needed to help individuals and communities be able to withstand hazards, continue to
operate under stress, adapt to adversity and recover functionality after a crisis.
A dedicated staff person will provide extensive community education to all residents on how and why to be
better prepared for disasters. This program will also facilitate the development of strategic plans and
communication to coordinate the efforts of human service and faith -based organizations; businesses; state,
federal, local government; and more to ensure that St. Lucie is resilient in times of disaster. Staff will also
work with community partners to implement plans and facilitate coordinated response services when
needed for both large and small disaster situations.
3. Provide information which supports that the proposed strategies are Evidence -Based Best
Practices and are effective with the target population.
Experience has taught that that there are never enough government resources to provide for the
preparedness, mitigation, response and recovery needs in a community. Lessons learned from disaster
impacted communities (e.g., those affected by Hurricane Katrina and Super Storm Sandy) have shown that
communities with integrated and coordinated preparedness are more able to adapt to changing conditions
3
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
and recover rapidly from disasters. Organizations, businesses, families and individuals have differing
capabilities and to effectively build a resilient community they must work together.
The key strategies and best practices for developing resiliency are well documented
(www.disasterrecoveryplantemplate.org/disaster-resilience/strategies, www.edis.ifas.ufl.edu/wc172,
www.rand.org/content/dam/rand/pubs/tools/TL100/TL109/RAND_TL109 training/training.htm. To have
the largest impact, the full community needs to be engaged in an ongoing process of learning and practice.
To ensure success of that process, a leader needs to be identified to
• Facilitate connections and conversations.
• Keep stakeholders engaged and increasing community awareness.
• Maintain the perspective of disaster as manageable, yet ongoing.
• Establish a structure and develop a planned approach for communication and coordination of resources
to ensure forward momentum toward clearly established goals.
Achieving resilient performance at a community level takes dedicated effort, time and planning. SAFER St.
Lucie has a membership that is committed to the mission and vision, but due to life and work time
limitations, the ability to prioritize SAFER tasks has been limited. To continue making strides toward a
more resilient community, the SAFER board it seeking to hire dedicated staff to direct the participants and
resources required for improving disaster resiliency.
4. Define the target population and explain: a) how it is made aware of the program, and b) how it
accesses program services? (i.e., location, transportation, hours of operation, etc.)
This program will be accessible to the entire community and will strive to identify resources to assist the
most vulnerable with being more resilient. The coordinator hired will take the lead in:
• Coordination of SAFER workshops and meetings.
• Community outreach and education utilizing SAFER member networks, print media, radio programs,
public service announcements, public information fairs, as well as presentations to businesses,
organizations, faith based entities, youth, etc. The coordinator will use social media and technologies to
enhance community connectedness, to empower individuals to take action, and to increase awareness of
training opportunities and resources for improving resiliency.
• Coordination, dissemination of information, and planning support to the community throughout the
disaster cycle.
• Targeted outreach efforts will focus on those at higher risk of being devastated by a disaster, such as the
economically disadvantaged, seniors, those in older un-mitigated housing stock, etc.
Inquiries will be directed to a main number and email and services will be provided at a variety of locations
throughout the community to ensure easy access and full participation.
5. Identify similar programs that are currently serving the needs of the targeted population. How is
your program working with them collaboratively?
There is no agency that currently offers the services proposed by SAFER. While there are organizations
that have a role in disaster response, such as the Red Cross3, St. Lucie County Community Services4,
Salvation Army, Department of Healthy, Council on Aging6, there is no one entity that takes on the
3 Emergency Support Function 6 Mass Care - provide coordination of sheltering, feeding, and emergency first aid following a
disaster or other event & 11 — Food and Water
4 Housing & ESF 15 — Volunteers and Donations - coordination of information and activities of voluntary agencies responding in
times of disaster and the effective utilization of donated cash, goods and services.
5 ESF 8 — Health and Medical
6 ESF 1 - Transportation
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
comprehensive role of coordination and education. All of these organizations are members of SAFER and
contribute to the planning and implementation of SAFER efforts.
6. What is the maximum number of clients the program can serve? Is the program under/over
caaacity and how is this addressed?
• The quantities of materials disseminated and those participating in events are measurable and is the
clients to be served is conservatively estimated to be 3,000. The actual umber of clients to be served is
much greater, but difficult to estimate based on the number of households reached through radio, print
media, social media, and the website. Word of mouth is often the best way to spread the word and
resources. The ripple effect created by reaching one person can lead to an un-countable number of others
who are better informed and prepared.
• With improved coordination in the community and a growing membership, there is no limit to the number
of people who can be served by SAFER.
• There are many businesses and organizations that are not familiar with the work that performed by
SAFER. The coordinator will take the lead in identifying and educating key partners. Once involved in
the process, these entities will be a part of the resources utilized to address the needs of the community.
• Each year SAFER receives calls from organizations seeking preparedness education. Member
organizations are asked to take on this role as their time permits or completed by the coordinator. Having
a dedicated staff person for SAFER will allow these requests to be more easily coordinated, completed
and tracked.
• With volunteer recruitment and training, SAFER will be able to assist more residents with hurricane
preparedness — hanging hurricane shutters, assisting with creation of Disaster Prep Kits and Plan
y
development.
• With volunteer recruitment and training, SAFER will be able to quickly access volunteers to assist
resident needs post disaster with debris removal, applications for local and government assistance, and
more.
o
• Developing written donation and volunteer implementation plan will also allow SAFER to serve more
v
residents through more effective/efficient use of resources.
LU
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7. How will the agency operate if it doesn't receive the full amount requested from this funder?
SAFER has identified and is applying for additional grants for funding in support of its objective, including
the Residential Construction Mitigation Program (RCMP), State Farm, TD Bank, Wells Fargo, and has in -
kind services committed by members to support the new coordinator with meeting/office space,
technology/communication access, etc. Additional resources will assist with printing of materials, postage,
and other ancillary support costs
Revenue is generated from fundraising efforts (www.goodsearch.com, smile.amazon.com) and increased
promotion of these efforts by dedicated staff will increase the amounts received from these sources. If the
requested amount is not received, then the objectives to be accomplished will be downsized accordingly.
5
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8.D.2.b
SAFER St. Lucie - Disaster Resiliency Coordination and Education
United Way of St. Lucie County
This data is estimated based on the outreach provided. Members who provide direct services track individual contacts.
The coordinator will work with members to ensure accurate tracking of outreach and education efforts as an
organization. FYI projections are very conservative - difficult to estimate outreach potential for radio, social media,
website and other community education. Figures include Hurricane Expo (>2,000 attendees), outreach events,
library/afterschool programs provision of educational materials, group presentations, story -time events, etc.
C. PROGRAM SPECIFIC - Unduplicated Client Demographics
Last FY
2013/14
%of Total
Current FY
2014/15
%of Total
Projected FY
2015/16
% of Total
Black / African American
0.0%
0.0%
0.0%
White
0.0%
0.0%
0.0%
Hipanic /Latino
0.0%
0.0%
0.0%
Asian
0.0%
0.0%
0.0%
s
American Indian
0.0%
0.0%
0.0%
LU
Other
0.0%
0.0%
0.0%
Unknown
2000
100.0%
2500
100.0%
3000
100.0%
Program Total
2000
100.0%
2500
100.0%
3000
100.0%
Preschool 0-4
Unk
#VALUE!
0.0%
400
14.8%
Elementary 5-10
Unk
#VALUE!
0.0%
500
18.5%
Middle School 11-14
Unk
#VALUE!
0.0%
100
3.7%
High School 15-18
Unk
#VALUE!
0.0%
0.0%
a,
tw
Total # of Children
0
#DIV/01
0
0.0%
1000
37.0%
a
Young Adult 19-25
Unk
#VALUE!
800
32.0%
H
#VALUE!
Adult 26-54
Unk
#VALUE!
1000
40.0%
1000
37.0%
Senior 55 +
Unk
#VALUE!
700
28.0%
700
25.9%
Total # of Adults
0
#DIV/0!
2500
100.0%
1700
63.0%
Program Total
0
#VALUE!
2500
100.0%
2700
#VALUE!
100% of poverty of below
0.0%
0.0%
0.0%
101% to 150% of poverty
0.0%
0.0%
0.0%
151% to 200% of poverty
0.0%
0.0%
0.0%
0
201% of poverty and above
0.0%
0.0%
0.0%
c
-
Unknown
2000
100.0%
2500
100.0%
3000
100.0%
Program Total
2000
100.0%
2500
100.0%
3000
100.0%
Fel I s mere
#DIV/0!
#DIV/0 !
#DIV/0!
Sebastian
#DIV/0!
#DIV/0!
#DIV/0!
Gifford/Wabasso
#DIV/0!
#DIV/0!
#DIV/0!
0
Central Vero
#DIV/0!
#DIV/0!
#DIV/0!
(a
So.County- Highlands/Oslo
#DIV/01
#DIV/0!
#DIV/0!
0
Unknown
#DIV/01
#DIV/01
#DIV/0!
J
Program Total -Indian River Co.
0
#DIV/0!
0
#DIV/0!
0
#DIV/0!
s
0.
L
0
v
t7
Program Total - Martin Co. I 1 100.0% 1 1 100.0% 1 1 100.0%
Ft. Pierce
600
30.0%
500
20.0%
1000
33.3%
Port St. Lucie
1400
70.0%
1500
60.0%
1500
50.0%
Unknown
0.0%
500
20.0%
500
16.7%
Program Total - St. Lucie Co.
2000
100.0%
2500
100.0%
3000
100.0%
Program Total -Treasure Coast 1 2000 1 1 2500 1 1 3000
0
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8.D.2.b
SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
D. FUNDER SPECIFIC REQUIREMENTS —
1. Board of Directors
Carmen Capezzuto, Chairman Paula Trautman, Board Member
(City of Port St. Lucie) (AARP Foundation SCSEP)
121 SW Port St. Lucie Blvd 6709 Woods Island Cir
Port St Lucie, FL 34984 Port St Lucie, FL 34952
(772) 871-5148 (772) 336-3330
Laura Alexander, Vice Chair Tom Daly, Board Member
(Alexander and Associates, Inc.) (St Lucie County Emergency Management)
6711 Dickinson Terrace 901 SE Breakwater Ave
Port St. Lucie, FL 34952 Port St Lucie, FL 34983
772-361-4059 772-462-8100
Timothy May, Secretary Karen Knapp, Board Member
(First United Methodist Church) (United Way of ST. Lucie)
616 Orange Ave 145 SE Lakehurst Dr
Fort Pierce, FL 34950 Port Saint Lucie, FL 34983
772)464-0440 (772)464-5300
Stefanie Myers, Treasurer Bud Somers, Board Member
(Community Services) (Community Emergency Response Team)
437 N 7 Street 637 SW Long Key Court
Fort Pierce, FL 34950 Port Saint Lucie FL 34986
772-462-1777
2. Audit/990
• SAFER St. Lucie's most recent audit was completed in 2009. The Board of Directors
o
approved not filing an audit in recent years due to the limited financial activity and no
v
pending requirement for grant funding applications.
Uj
• Full 990 for 2009 is attached
.�
• United Way of St. Lucie is SAFER's fiscal agent and additional records can be obtained,
�
if needed.
a
3. Organizational Chart
SAFER St. Lucie currently has no employees. With receipt of funding, a coordinator will be
00
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hired that will report to the board of directors. Group members and recruited volunteers will
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assist with the implementation — See attachment
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8.D.2.b
SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
PROGRAM OUTCOMES
Period reflects: July 1, 2015 to June 30, 2016
Outcome # 1: Increase community awareness of SAFER and the importance of
preparedness and mitigation in remaining resilient during times of disaster.
1
11 2
3
4
Baseline
# to be served
Indicator Measurements
Expected Outcomes/change
(evidence)
1. Collaborate with
* Health and
* Number of Capacity
* Ensure ready access to
community partners to
human service
Assessments completed and
community resource
identify area resources to
providers
service providers identified.
information, regardless of the
address unmet resident
* 211 customers
* Increased participation in
type of disaster.
needs throughout the
* Eligible
SAFER collaboration and
* Avoid duplication of services
disaster cycle and establish
residents
planning.
so the maximum number of
communication strategies
people can be assisted.
to reduce duplication and
* Abide by Federal Duplication
ensure coordination of
of Benefits' restrictions for
services throughout the
declared disasters.
disaster cycle.
2. Volunteer Database - Use
* CERT team
* Number of volunteer job
* Create/update job profiles on
existing community tools
members
descriptions posted
the Volunteer St. Lucie website
(United Way — Volunteer
* Entire County
* Number of volunteers registered
database.
St. Lucie) to maintain
* Volunteer
with Volunteer St. Lucie and with
* Register with
volunteer database of those
Organizations
St. Lucie County.
www.volunteermatch.orjz to
who are willing to assist
* Faith Based
* Number of volunteers referred
recruit new volunteers.
others in the community
by volunteer match.
* Have at least 5 CERT team
with disaster related tasks
members register with the
throughout the disaster
County volunteer program.8
cycle.
3. Community Education
*All residents
* Number of contacts with
* Increase level of hurricane
* Printing and distribution of
residents, business owners,
preparedness and awareness of
800-1000 hurricane manuals
homeowner associations, etc.
resources for local residents.
and Ready. gov information.
* Number of presentations and
* Provide communication tool to
* Print and distribute door 500
participation in Community
local residents to indicate their
hangers that indicate whether
information fairs.
well-being after a disaster and
the resident needs assistance
* Number of reported listeners for
increase response likelihood for
post disaster.
radio programs
safety issues.
* Distribution of materials
* Count of number of materials
* Presentations to at least 20
about prevention of wildfires
distributed, collect sign in sheets,
groups (i.e., homeowner
* Radio Listeners
track number of people attending.
associations, employers,
* Kids Get A Plan books and
* Number of children that
organizations, service providers,
website.
participate.
churches, etc.).
* Work with local businesses to
* Participate in at least 3 radio
create and/or update business
* Number of plans
broadcasts and 2 television
continuity plans.
created/updated.
programs.
' Stafford Act prohibition on duplication of benefits in section 312 (42 U.S.C. 5155) — no "person, business concern or other entity"
will receive duplicative assistance for the same purpose — Agencies cannot from providing recovery assistance to the extent another
source has covered the same portion of that recovery need.
B Existing CERT participants are covered by IRSC volunteer insurance only when they are deployed after a disaster. By registering
with the County, they can be deployed prior to disaster to assist with preparedness.
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
* Participation in at least 4
community informational fairs,
including the Hurricane Expo
(2,500 attendees).
* Coordinate storybook reading
with after school programs, local
libraries, local reading
programs, etc. to directly reach
at least 100 children. Use of the
books once provided will be
difficult to track, but assumption
is that at least 1,000 children
will be reached.
4. Current Social Media
* Those using
* Number of followers on social
* Increase number of social
followers.
social media.
media.
media followers by 25% to
increase awareness of
community events and
resources.
5. Active member
* Businesses and
* Number of active member
* Increase the number of
organizations — 10
their employees
organizations.
member organizations
* Service
participating in monthly
Organizations
meetings to 15.
* Faith Based
Organizations
6. Increase the number of
* Contact with
* Number of people on the list
* List serve membership will
members enrolled on the
at least 25 new
serve email list.
increase by 25% (140).
list serve for email
businesses and
communications — 112.
organizations
7. Increase the number of
* Seniors and
* Number registered
Increase the number of residents
residents pre -registered at
those with
registered at the special needs
the special needs shelter.
Special Needs
shelter by 10%.
8. Currently there is no clear
* Local
* Develop plan to coordinate the
* Improve ability of the
plan or database for
volunteers and
tracking of volunteer
community to identify potential
collecting disaster
volunteer
contributions and donations.
value of in -kind or cash match
volunteer time donations or
organizations
for FEMA grant funds.
material donations for all
* Provide recognition to those
local entities.
assisting the community
throughout the disaster cycle.
9. Develop a sustainability
* Plan in place
* Improve the ability of SAFER
plan to address the ongoing
to continue its role in the
need for operational funds
community and maintain its
for SAFER
5016 status.
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8.D.2.b
SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
Outcome # 2: Increase capacity of SAFER to respond to both catastrophic and smaller
events.
1
2
3
4
Baseline
# to be served
Indicator Measurements
Expected Outcomes/change
(evidence
1. Addition of a Staff person
10-1,000
*Number of individual and
* Provide central contact to
families assisted for presidentially
activate SAFER response plans.
declared disasters.
* Ensure ready access to
*Number of households assisted
community resource
with smaller disasters such as
information, regardless of the
house fires, flooding, etc.
type of disaster.
* Ensure successful
communication for plan
implementation
2. Collaborate with
* Health and
* Number of Capacity
* Ensure ready access to
community partners to
human service
Assessments completed and
community resource
identify area resources to
providers
service providers identified.
information, regardless of the
address unmet resident
* 211 customers
* Increased participation in
type of disaster.
needs throughout the
* Eligible
SAFER collaboration and
* Avoid duplication of services
disaster cycle and establish
residents
planning, list serve, social media.
so the maximum number of
communication strategies
people can be assisted.
to reduce duplication and
* Abide by Federal Duplication
ensure coordination of
of Benefits9 restrictions for
services throughout the
declared disasters.
disaster cycle.
10. Volunteer Database - Use
* Entire County
* Number of volunteer job
* Create/update job profiles on
existing community tools
* Volunteer
descriptions posted
the Volunteer St. Lucie website
(United Way — Volunteer
Organizations
* Number of volunteers registered
database.
St. Lucie) to maintain
* Faith Based
with Volunteer St. Lucie and with
* Register with
volunteer database of those
St. Lucie County.
www.volunteermatch.org to
who are willing to assist
* Number of volunteers referred
recruit new volunteers.
others in the community
by volunteer match.
with disaster related tasks
throughout the disaster
cycle.
9 Stafford Act prohibition on duplication of benefits in section 312 (42 U.S.C. 5155) — no "person, business concern
or other entity" will receive duplicative assistance for the same purpose — Agencies cannot from providing recovery
assistance to the extent another source has covered the same portion of that recovery need.
10
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SAFER St. Lucie — Disaster Resiliency Coordination and Education
United Way of St. Lucie County
8.D.2.b
PROGRAM OUTCOMES
LAST YEAR'S MEASURABLE RESULTS
Period outcomes/results reflect: July 1, 2013 to June 30, 2014.
Please note that data was not collected in one place on the number of residents reached,
events participated in, or workshops completed. With the addition of staff, this will be a
Drioritv to ensure that goals are being met.
Program Design & Task Management Evaluation Design & Data Collection RESULTS
(Columns 1-3) (Columns 4 - 6)
1 101
3
4
01
6
7
Program
Frequency
Responsible
Indicator
Data
Time of
RESULTS
Activities
(how
Parties
Measurements
Source
Measurement
(what)
often)
(who)
(evidence)
(where)
(when)
Re -define
Chair
Completed
Minutes
Completed
mission and
activity
vision
Board and
Document
Strategic
Completed
Develop
Capstone
created
Plan
strategic
students
plan
Establish
Board
Created
Strategic
Completed
Committees
Plan
in
accordance
with bylaws
and strategic
Plan
Create
Board and
Created and
Plan
Completed
multi-
members
approved by
agency
member
feeding task
organizations
force plan
Solidify
Board and
No vacancies on
Minutes
Completed
Board of
members
the Board
Director
membership
11
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United Way of St. Lucie County
8.D.2.b
Goal # 2: Increase Member Participation
Program Design & Task Management Evaluation Design & Data Collection RESULTS
(Columns 1-3) (Columns 4 - 6)
1
01
3
4
01
6
0
Program
Frequency
Responsible
Indicator
Data
Time of
RESULTS
Activities
(how
Parties
Measurements
Source
Measurement
(what)
often)
(who)
(evidence)
(where)
(when)
Ensure
Monthly
Board of
Attendance
Minutes
Completed
meaningful
Directors
information
disseminated at
monthly
meetings to
encourage
participation. —
presentations,
distribution of
educational
opportunities,
opportunities for
announcements,
etc.
Implement
Ongoing
Board of
Number on the
List
Completed
Listserve as
Directors
list
serve
communication
host.
tool for members
to use
throughout the
year.
Establish larger
Annually
Board of
Number of
City of
Completed
delineated area
Directors
participants
Port St.
for SAFER
Lucie
members at the
records
Annual
Hurricane Expo
to highlight
services
Redesign
Ongoing
Board of
Number of
Online
Completed
website to be
Directors
website hits
and
more user
ongoing.
friendly and a
better resource
for members.
12
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nl 8.D.2.b I
atc...�.$f- i-,utOriaa
4:3ppartmput of 3' tatp
I certify from the records of this office that SAFER ST. LUCIE is a Fictitious
Name registered with the Department of State on December 10, 2012.
The Registration Number of this Fictitious Name is G 12000118463.
1 further certify that said Fictitious Name Registration is active.
I further certify that this office began filing Fictitious Name Registrations on
January 1, 1991, pursuant to Section 865.09, Florida Statutes.
CR2EO22 (1-11)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Eleventh day of December, 2012
1*rrrrtarV of State
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8.D.2.b
FLORIDA DEPARTMENT OF STATE
Division of Corporations
December 11, 2012
SAFER ST. LUCIE
437 N. 7TH STREET
C/O COMMUNITY SERVICES
FORT PIERCE, FL 34950
Subject: SAFER ST. LUCIE
REGISTRATION NUMBER: G12000118463
RECEIVED BY
DEC 17 2012
Si. Lucie County
Housing & Community
Services
This will acknowledge the filing of the above fictitious name registration which
was registered on December 10, 2012. This registration gives no rights to
ownership of the name.
Each fictitious name registration must be renewed every five years between
January 1 and December 31 of the expiration year to maintain registration.
Three months prior to the expiration date a statement of renewal will be mailed.
If the mailing address of this business changes, please notify this office in writing,
or through the link provided on our website www.sunbiz.org for Address &
FEI/EIN Changes. Please reference the original registration number.
Enclosed is your certificate(s) as requested.
Should you have any questions regarding this matter you may contact our office
at (850) 245-6058.
Deidre Butler
Reinstatement Section
Division of Corporations Letter No. 612A00029302
www.sunbiz.org
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 Packet Pg. 150
8.D.2.b
RECEIVED
JUL 2 3 2015
:OMMUNITY SERVICES
UNITED WAY OF ST. LUCIE COUNTY, INC
2015/2016 Funded Partner Agreement
LIVE UNITED
United Way works in cooperation with its Funded Partners to create a positive impact on the
health and human service needs in St. Lucie County. This agreement expresses that
cooperation between United Way and the agencies it funds; it also expresses the importance of
accountability to donors and to the community.
Partner Agency shall:
1.
Provide one or more speakers to be available during campaign to speak to employee
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groups; when requested by UW;
2.
Conduct a United Way Employee Campaign: Agency's employees will get an opportunity
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to learn more about United Way and their community, as well as giving them an
opportunity to contribute to United Nay. All campaign funds should be raised from
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employees on a strictly voluntary basis,
3.
Include the United Way logo on collateral material (brochures, stationary, press
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releases, newspaper advertisements, videos, websites, etc.) "A United Way of St. Lucie
Count Funded Partner" must be clear)
Y y printed on material. If agency is funded by
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more than one United Way, the statement may omit "St. Lucie County." Acceptable
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logos will be provided to partner agency. Information on use and size and color of logo
will also be provided and must be adhered to by the agency;
4.
Prominently display a United Way Funded Partner sign. United Way of St. Lucie County
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will provide;
5.
Executive Director (ED), or ED's designee, must regularly attend Agency Relations
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meetings held on the third Thursday of February, May, August and November;
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6.
Take an active role in all United Way events;
7.
Comply with the United Way's Agency Fund Raising Policy; (Copy attached)
8.
Supply accurate Quarterly Reports on the 251h of the month following the end of each
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quarter -- Copies of the agency budget (including any revisions), profit and ions and
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balance sheets for the reporting quarter must be included with each Quarterly Report
submitted;
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NOTE: Payments will be withheld if Quarterly Reports and/or financial information are
not received by due dates, or if the financial information generates concerns about the
Agency's ability to continue operation of its funded program(s). Timing of payments
made by United Way after late receipt of complete Quarterly Reports and/or financial
information will be made at the discretion of United Way CEO. Repeated late
submission of quarterly reports may result in the loss of funding.
9. Register agency's current information with 2-1-1;
10. Register with UW's Volunteer St. Lucie before requesting volunteers;
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8.D.2.b
11. Complete any deficiencies listed as 'contingencies' to funding. Funding will not begin
until contingencies are met. Maximum time to complete contingencies is 90 days, at
which time agency's allocation will lapse unless other arrangements have been made in
writing to, and approved by, United Way CEO; and
12. Submit to UW, completed Counterterrorism Compliance form. (Copy attached)
United Way in return agrees to:
1. Publicly recognize partner agency
2. Act as a referral source to partner agency
3. Provide funds as approved by the UW Board of Directors*
4. Provide budget consultation to partner agency requesting such help
5. Assist agency in attaining board members; when request is made for such help
6. Coordinate networking of agencies
7. Provide training/instruction to agency personnel involved in campaign presentations
8. Notify United Way Board of agency events
`NOTE: All funding approved by UW Board is subject to the collection of pledged dollars
Our agency's Executive Director and Board understand, and will comply with the United Way of
St. Lucie County Funded Partner Agreement. We understand that noncompliance with this
agreement or noncompliance with the UW Agency Fund Raising policy may result in loss of
funding.
Agency Name: SA1• ER 5T 2.,..i.LC—i Date: tel 1
Executive Director:
Board Chairman/Pr
Print Name of Board Chairman/President: fF - 2 i.t i 2
United Way CEO:
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Please sign and return one copy to:
United Way of St. Lucie County, Inc
4800 S. US Hwy. 1, Fort Pierce, FL 34982
Fax: (772) 464-7805
Phone: (772) 464-5300
www.unitedwaysic.org
Revised 5/2/2000, 12/00,11/01,06-02,06-03,06-04,06-05,05-06, 06.08, 06.10, 06-11, Approved by Board 6/5/12 (See addendum A)
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8.D.2.b
RESOLUTION
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from United Way through SAFER, in the amount of $20,000, for the SAFER St. Lucie Disaster Education
and Outreach Program.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 18th day of August, 2015, pursuant to Section 129.06 (d), Florida
Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is
hereby amended as follows:
REVENUE
001826-6420-337640-600 United Way $20,000
APPROPRIATIONS
001826-6420-512000-600 Salaries $20,000
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
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Commissioner Kim Johnson, Vice Chair
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Commissioner Chris Dzadovsky
XXX
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Commissioner Frannie Hutchinson
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Commissioner Tod Mowery
XXX
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PASSED AND DULY ADOPTED THIS 18TH DAY OF AUGUST 2015.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 153
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
POSITION REQUEST FOR FISCAL YEAR 2014-2015
ARTMENT: Community Services RECOMMENDED: x YES NO I I REVISED
Human Services (APPROVED I IYESI INOI IREVISED
I 8.D.2.b I
[TION TITLE: Community Education & Disaster Specialist 1 FTE:
ARY: $36,582 JOB CODE:
EFITS: $18,930 PAY GRADE: 18
AL BUDGET: $55,512 PAY SCALE: $16.75-$26.89/hr.
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This Community Education & Disaster Specialist grant funded position will work with community
partners to achieve a disaster resilient and safe community through education, training, planning and
collaboration. A portion of the funding is provided through a contract with SAFER St. Lucie and the
remainder from previous carryforwarded grant funds. The position is needed to meet the outcomes
indicated in the SAFER St. Lucie Grant agreement and to assist with updating plans for Emergency
Support Function 15 (Volunteers and Donations), as well as continuity of operation planning for
human service organizations in St. Lucie County.
After several seasons without a large disaster, there is a complacency towards preparedness. Residents
do not have a sense of urgency or priority to identify and/or implement resiliency strategies. There is
resistance to disaster planning because it consumes resources (e.g., time, money) that could be
allocated to what is seen as more immediate needs and it forces people to look at potential
vulnerabilities. Preparedness, mitigation and resiliency needs to be in the public eye on a regular basis.
By taking the lead with local level resiliency education, coordination and planning, SAFER and the
County can emphasize what communities can do for themselves and can strengthen the capacity of
residents, organizations and businesses to be resilient by identifying interdependencies, needs, and
resources in advance. Prepared individuals are aware of potential risks, understand where they can turn
for help, know what their personal responsibilities are, and are willing to help their neighbors and
community members. Planning ahead helps residents have a greater sense of control and fewer feelings
of helplessness that can impede a return to normalcy; allows resources to be mobilized and leveraged
more quickly, efficiently and effectively to address needs. The most resilient communities are those
that provide the support, knowledge, insight, and encouragement needed to help individuals and
communities be able to withstand hazards, continue to operate under stress, adapt to adversity and
recover functionality after a crisis. This requires maintaining awareness of the need for resiliency and
prioritizing preparedness with a focus on readiness, continuity planning, risk reduction and shortened
recovery time.
A dedicated staff person will
* provide extensive community education to all residents on how and why to be better prepared for
disasters;
* facilitate the development of strategic plans and communication to coordinate the efforts of human
service and faith -based organizations; businesses; state, federal, local government;
* ensure that St. Lucie is resilient in times of disaster.
* Develop and implement plan
* Facilitate coordinated response services.
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ON REQ#: CSNP15-038 (ACCOUNT# 001823-6420-512000-600,
001826-6420-512000-600 packet Pa_ 154
8.D.2.b
GRANT AGREEMENT
THIS AGREEMENT, made this day of , 2015, between INSPIRED
NETWORK TO ACHIEVE COMMUNITY TOGETHER ("INTACT"), d/b/a/ the SUPPORT ALLIANCE FOR
EMERGENCY RESILIENCY ST. LUCIE. (S.A.F.E.R. St. Lucie), hereinafter referred to as "Agency.", and ST.
LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County."
IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as
follows:
1. The Agency shall disperse to the Recipient a grant in the total amount of twenty
thousand and 00/100 dollars ($20,000.00). Payment to the Recipient shall be made in four equal
installments of five thousand and 00/100 dollars ($5,000.00) on or before October 1, 2015, January 1,
2016, April 1, 2016, and July 1, 2016.
2. The grant shall be used by the County to perform the Scope of Services attached hereto
and incorporated herein as Exhibit "A." The County shall provide the Agency with a written report
indicating how the grant funds have been expended and the activities of the Agency pursuant to this
Agreement. The report shall be delivered to the Agency on or before November 1, 2016.
3. The Recipient shall have internal controls adequate to safeguard the grant.
4. If the grant cannot be used or a subsequent audit reveals the grant was not usedLr-
according to this Agreement, any money not so used shall be reimbursed to the Agency.
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5. The term of this Agreement shall begin upon the date set forth above and shall c��
continue for a period of one year. The parties may extend the term of the Agreement for an additional N
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year, subject to prior written agreement. In the event the County desires to extend to the term of the W
Agreement, the County shall provide the Agency with a written proposal for costs and terms of such
extension on or before August 15, 2016. 2
6. The County gives the Agency the right, until the expiration of three (3) years after
expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the
County shall have access to and the right to examine any directly pertinent books, documents, papers,
and records of the Recipient involving transactions related to these grant monies. All required records
shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until
the expiration of three (3) years after the expenditure of the funds.
7. The County shall allow access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Florida Statutes, and any applicable federal law, and made or received
by the County in conjunction with this Agreement.
8. The County agrees to comply with all local, state and federal laws, rules and regulations
9. All publications, media productions and exhibit graphics shall include the following
statement: Sponsored in part by St. Lucie County.
s: \atty\ngreemnt\i mage.christ.2010.doc
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8.D.2.b
10. Either party may terminate this Agreement with or without cause upon thirty (30) days
written notice to the other provided however the County shall reimburse the Agency for all unexpended
funds or funds expended in conflict with this Agreement, as of the date of termination notice.
11. Any notice shall be in writing and sent registered or certified mail, postage and charges
prepaid, and addressed to the parties at the following address:
To the County:
With copies to:
St. Lucie County Administrator St. Lucie County Attorney
2300 Virginia Avenue, Third Floor 2300 Virginia Avenue, Third Floor
Fort Pierce, Florida 34982 Fort Pierce, Florida 34982
St. Lucie County Community Services Director
437 N. 7t" Street
Fort Pierce, FL 34950
To the Agency:
SAFER St. Lucie Chairman
C/O City of Port St. Lucie Public Works Department
450 SW Thornhill Drive
Port St. Lucie, FL 34984
12. No amendment, modification or waiver of this Agreement shall be valid or effective
unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement
shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or c��
different nature. N
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13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to
the benefit of the parties.
14. The County shall not assign this Agreement to any other persons or firm without first
obtaining the Agency's written approval.
15. 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
supercede all previous communications, representations or agreements, either verbal or written,
between the parties hereto.
16. In the event of a dispute between the parties in connection with this Agreement, the
parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to
filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available
from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the
parties. To the extent allowed by law, the mediation process shall be confidential and the results of the
mediation or any testimony or argument introduced at the mediation shall not be admissible as
evidence in any subsequent proceeding concerning the disputed issue.
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8.D.2.b
17. This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may only be amended by written document, properly authorized,
executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and
section headings are for convenience only. All interpretations shall be governed by the laws of the State
of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement,
venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law
and the Southern District of Florida for any claims which are justiciable in federal court.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials
as of the day and year first written above.
ATTEST:
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
By:
COUNTY ATTORNEY
INSPIRED NETWORK TO ACHIEVE COMMUNITY
TOGETHER, D/B/A SUPPORT ALLIANCE FOR
EMERGENCY RESILIENCY ST. LUCIE
BY:
NAME:
TITLE:
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8.D.2.b
EXHIBIT "A"
SCOPE OF SERVICES
The County, through its Community Services Department, agrees to perform the following services for
and on behalf of the Agency in accordance with the Agency's 2015 United Way of St. Lucie County
application, a copy of which is attached hereto and incorporated herein as Exhibit "B":
Community education and outreach services, including but not limited to:
A. Representing SAFER at community events, in print, radio, website and
social media.
B. Providing group and one-on-one education about the agency and disaster
resiliency.
C. Providing health and human service resources and information.
D Facilitating communication among human services organizations,
government and business.
E. Preparation and distribution of materials, including media releases and
public service announcement.
F. Targeted outreach to vulnerable residents
Disaster planning, including but not limited to the:
A. Maintenance of the Multi -Agency Feeding Task Force Plan.
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B. Creation and maintenance of volunteer and donations management plan.
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C. Creation, implementation and maintenance of an agency sustainability
plan.
D. Preparation and distribution of agendas, minutes and reports.
E. Assistance in recruiting community partners to participate with the
Agency.
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F. Support of Agency committees to develop and implement strategies to
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achieve the mission and goals.
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Performing similar services to that listed above that lead to the successful completion of
deliverables described in the United Way application.
4. Assign one or more employee to perform the Scope of Services, including at least one
employee to serve as a "Long -Term Recovery Coordinator." The Long -Term Recovery
Coordinator shall implement or shall cause the implementation of the above duties.
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8.D.3
ITEM NO. (ID # 3326)
AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Diana Wesloski, Housing Manager
SUBMITTED BY: Housing Services Division
SUBJECT: Award of Invitation to Bid (ITB) No. 17
BACKGROUND:
DATE: 01/26/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
The Housing Division receives Federal and State grants that provide funding for low-income residents to
assist with the rehabilitation or replacement of owner occupied homes.
On November 10, 2015, ITB No. 17 was issued to the eight (8) contractors on the pre -qualified contractors
list. A mandatory pre -bid meeting was completed on November 16, 2015 and bids were due on
December 11, 2015.
One Construction and Roofing Services, Inc. was the low bidder, however they have requested that their
bid be withdrawn due to their current capacity. Staff recommends that ITB No. 17 be awarded to the next
lowest responsive responsible bidder.
All projects incorporate green, energy -efficient products, including but not limited to 16 SEER or higher
rated HVAC, double pane low E impact windows, and Energy Star -certified appliances and hot water
heaters. The apprenticeship program parameters do not apply, as this project does not exceed
$300,000.00; local preference is not permitted with federal funds.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available from the HOME Investment Partnership Program fund and the State
Housing Initiatives Partnership (SHIP) fund (189110-5420-583000-500, 185016-5420-549605-500).
RECOMMENDATION:
Staff recommends Board approval to award ITB No. 17 to Gentile Corp. in the amount of $54,500.00 and
authorization for the Chairman to sign documents as approved by the County Attorney.
Packet Pg. 159
8.D.3
COMMISSION ACTION:
Coordination/Signatures
yder, Community Ser,ices Dir r 1/13/2016
anie . McIntyre, C my ttorney 1/14/2016
Updated: 1/19/2016 2:55 PM by Katrina Slay Page 2
Packet Pg. 160
(CONSTRUCTION
SERVICES, CORP.
CGC--1515745
Port Saint Lucie FL 34953
Phone:772-519-2449
Fax: 772-336-9379
Email oneconstructionservices@yahoo.com
Website: www.oneconstructionservices.com
To: Connie McIver / St. Lucie County Housing Division / Gail Manfredi
Job Location: 5300 Bowling Green Drive Fort Pierce FL
Date: 12/27/2015
Hi Connie:
I would like to withdraw from ITB # 17 / 5300 Bowling Green Drive, due to the heavy workload that
we have in the next couple of month.
Thanks
Mauricio Orellana
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�INMR-
COUNTY
F
L O R I D A
St. Lucie County Housing Rehabilitation Program
Bid Tab
ITB No. 17
Bid Opening December 11, 2015 at 11:00 AM
ITB 17
Manfredi
Contractor
5300 Bowling Green
BSE-Black Street Enterprise, LLC
$74,404
Port Saint Lucie
Gentile Corp
$54,500
West Palm Beach
One Construction Services, Inc.
Bid Withdrawn
Port Saint Lucie
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8.D.4
ITEM NO. (ID # 3327)
DATE: 01/26/2016
AGENDA REQUEST *CONSENT
AGENDA\COMMUNITY
SERVICES
TO: Board of County Commissioners
PRESENTED BY: Beth Ryder, Community Services Director
SUBMITTED BY: Community Services
SUBJECT: Summer of Success (SOS) St. Lucie Youth Employment Program
BACKGROUND:
The Summer of Success (SOS) St. Lucie County Summer Work Experience Program is a collaborative effort
between the Board, St. Lucie County Public Schools and CareerSource Research Coast. The goal is to
provide 120 St. Lucie County youth, between the ages of 16 - 21, with meaningful summer work
experiences to prepare them for their future careers and for further education and training. The FY 16
budget includes funding for this program.
Summer Youth Participants will attend a two week work readiness training to prepare them for their
summer work experience opportunity. The training is titled YESS (Youth Employment Success Solutions)
and the curriculum has been developed from CareerSource Research Coast's nationally accredited Work
Certified Program. During the training youth participants review basic math functions and reading
comprehension, learn how to prepare for employment, practice effective workplace communication and
are exposed to workplace expectations such as attendance, customer service, problem solving and
teamwork. Youth who successfully complete the YESS training will earn a $100 incentive and be eligible to
participate in a summer work experience opportunity.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in Human Services (001-6420-583000-600).
RECOMMENDATION:
Staff recommends approval of the agreement and authorization for the Chairman to sign documents as
approved by the County Attorney.
[01LT2 MLA
Packet Pg. 163
Coordination/Signatures
Danie S. McIntyre, Co�inty ttorney 1/14/2016
Updated: 1/13/2016 5:49 PM by Asheley Hepburn Page 2
Packet Pg. 164
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CareerSource
RESEARCH COAST
Youth Employment Success Solutions
Curriculum Overview
The Work Certified Youth Employment Success Solutions Program, (YESS), is a dynamic
approach for youth to develop and expand the work readiness skills and knowledge they need
to succeed in the world of work. By understanding and practicing key employability skills,
students gain the wisdom and confidence needed to prepare themselves for successful
employment opportunities.
The YESS curriculum introduces students into an inter -disciplinary, simulated work -relevant
environment. In this realistic work setting, students practice and learn the career readiness
competencies, social skills and behaviors demanded by employers. In applying these
competences, skills and behaviors through exercises and practice, both individually and as a
team member, youth learn to interact effectively with co-workers and customers in the
workplace.
With the support of community employers, the YESS program ensures students' success in work
experiences, internships and job placements that prepare them for the jobs of today and the
future.
Program Length: 40 hours classroom hours with some time expected for
homework activities.
Program Modules: Reading Comprehension
Basic Math Skills
Using Computers
Communication
Preparing for Your Employment
Work Expectations
Money Management
Career Planning
Program Requirements:
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8.D.4.a
YESS includes a competency —based assessment process designed to determine students' skill
levels before and the acquisition of skills upon completion of the program. Each module has
handouts, exercises, activities, and discussions that promote understanding of the content and
its application for the student's success in employability skills and career planning.
To further ensure the student has an awareness of successful and expected work expectations,
students must:
Demonstrate proper grooming habits and appropriate dress.
Demonstrate proficiency in attendance by being on time and ready to work at the start
of class.
Demonstrate effective use of interpersonal relationship skills when dealing with
supervisors/co-workers (instructors and other students)) by interacting respectfully and
professionally at all times.
Actively participate in activities, complete the daily module assignments and turn in
assignments when required.
Instructor Certification:
Program Staff/Instructors complete intensive formal training in order to effectively facilitate the
YESS Program utilizing evidence -based strategies and an integrated mentoring plan.
Program Completion:
Student mastery of skills is assessed and certified through observation, task performance,
demonstration and testing. Based on their achievement of each course module's
competencies, students receive a certificate of completion and a YESS Certification Card to
present to employers indicating the competencies learned. The YESS Certification Card
identifies youth as ready to work!
Program Evaluation:
Students have the opportunity to evaluate their experience with the YESS program at course
completion.
Employer partners, who provide work experience opportunities, evaluate the students'
performance based upon the YESS program competencies within 30-45 days.
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8.D.4.b
CareerSource
RESEARCH COAST
FAST FACTS ABOUT SUMMER OF SUCCESS ST. LUCIE COUNTY 2016
WHAT. THE SUMMER OF SUCCESS ST. LUCIE COUNTY PROGRAM: CareerSource Research Coast plans to
coordinate 120 work experiences for young people ages 16-21 over the Summer 2016 months. Private,
non-profit and public companies are urged to pledge short-term, meaningful work experiences/training
opportunities for targeted youth participants. The youth participants will be compensated at no cost to
the company and workers' compensation will be covered for youth while at a company's worksite.
Youth participants will be paid by CareerSource Research Coast at a rate of $8.05 per hour, 32 hours per
week for a period of 6 weeks.
WHO: Young people, ages 16 — 21, who live in St. Lucie, County. Targeted youth will include high school
students who are enrolled in St. Lucie County Schools. All youth participants will attend work readiness
training to prepare them for their work experience opportunity. The training is titled YESS (Youth
Employment Success Solutions) and the curriculum has been developed from our nationally accredited
Work Certified Program. During the training, youth review basic math functions and reading
comprehension, learn how to prepare for employment, practice effective communication and are
exposed to work expectations such as attendance, customer service, problem solving and teamwork.
HOW. The Work Experience Program is open to all private, non-profit, and public sector businesses in
St. Lucie County that meet certain criteria. Interested companies can contact Jodi Hessing, Youth
Programs Coordinator, for more information. CareerSource Research Coast's Summer Youth Monitor
will then schedule a visit to the worksite to review the details of the program. The Worksite Agreement
is then signed by both parties. The company assigns a supervisor(s) for the youth participant(s) and
schedules the supervisor for an orientation of the Summer Youth Program. CareerSource Research
Coast also provides staff to monitor the progress of the youth participants while at the worksites and
will be available to assist supervisors if needed. Youth participants are matched with work experience
pledges according to their career and education goals and/or their assessed needs and skills.
The goal of the Summer Youth Employment Program is to prepare young adults for the world of work
and a future of self-sufficiency. Help us invest in tomorrow-s workforce. Partner with us to stimulate
our local economy and support a highly competitive workforce on the Research Coast! For more
information, contact Jodi Hessing at ihessing@careersourcerc.com or 1-866-482-4473 ext. 414.
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8.D.4.c
• CareerSource
owRESEARCH COAST
TENATIVE BUDGET FOR SUMMER YOUTH PROGRAM- ST. LUCIE COUNTY 2016
TOTAL FUNDING ALLOCATION $250,000.00
Particioant-related costs
Work Experience: 100 Youth @ $8.05/hr x 32 hours per week x 6 weeks $154,560.00
FICA @ .765% $1182.38
YESS Completion Incentive @ $100 per youth x 100 youth $10,000.00
YESS Curriculum Cost @$100 per youth x 100 youth $10,000.00
Shirts $975.00
TOTAL $176,717.38
Youth Job Coaches 11 weeks x 32 hours per week x 20.96/hr x 4 positions $29,511.68
Job Coach Travel 8 weeks x 75 miles x .445/mile x 4 Job Coaches $1068.00
Youth Monitor/Work Experience Coordinator 15 weeks x 32 hours/week x 20.96/hr $10,060.80
Youth Monitor for SLC School District 15 weeks x 32 hrs/week x $20.96/hr $10,060.80
Travel for Monitor/WE Coordinator 100 miles x 12 weeks x .445/mile $534.00
Travel for SLC SD Monitor 100 miles x 12 weeks x .445/mile $534.00
Summer Youth Program Administrator (Jodi- 3 months of direct supervision @ 50% of
actual salary cost. Other 50% to be in -kind) $7,250.00
Total $59,019.28
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Packet Pg. 168
8.D.4.c
Ooerations Costs
E
Printing/Supplies
$5000.00
L
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0
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Marketing Costs
$3000.00
a.
Liability Insurance (2.65% of total youth wages)
$4955.84
TOTAL
$12,095.84
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GRAND TOTAL $247,832.50
CSRC In -Kind Donation Value
20 additional youth paid wages through WIOA and TANF funds
Payroll 24 hours per week x 7 weeks x $25.00/hr
Summer Youth Program Administrator (Jodi- 3 months of direct supervision @ 50% of
actual salary cost)
Summer Youth Admin Oversight (Glenda's time)
Cell phone reimbursement for Summer Youth Staff
Facilities/Utilities during YESS and for staff
Laptop computers for staff and youth usage
Total In -kind value
$ 25,760.00
$4,200.00
$7,250.00
$10,000.00
$ 900.00
$3,000.00
$3301.00
$ 54,411.00
Packet Pg. 169
8.D.4.d
GRANT AGREEMENT
THIS AGREEMENT, made this day of 2016 between ST. LUCII
COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," an
CAREER SOURCE RESEARCH COAST, WORKFORCE DEVELOPMENT BOARD OF THI E
TREASURE COAST, REGION 20, or its successors, executors, administrators, and assign cc
hereinafter called "Recipient": 0
L
IN CONSIDERATION of the mutual benefits received by each part, the parties mutuall
agree as follows: c
1. The County shall disperse to Recipient a grant in a total amount not to exceed two
hundred fifty thousand and 00/100 dollars ($250,000.00) payable in two equal E
installments of one hundred twenty-five thousand and 00/100 dollars each on or
before March 1, 2016 and July 1, 2016. The Recipient shall use the grant funds for
the Summer of Success St. Lucie County 2016 Youth Program, hereinafter referred M
to as the "Program." `"
2. The Program shall provide one hundred twenty (120) St. Lucie County youth,
between the ages of sixteen (16) and twenty-one (21) with meaningful summer work
experiences to prepare them for future careers and further education and training,
as set forth in the Tentative Budget and Summer Work Experience Supervisor
Manual, attached hereto and incorporated herein as Exhibits "A" and "B",
respectively.
3. Recipient shall provide the County Community Services Department with an initial
written report regarding the use of the grant funds and program progress report by
June 30, 2016. A final report shall be provided on or before October 1, 2016 and
should include a program outcome report. The report should also provide a list of
the youth, their ages and grade level, as well as indicators of successful completion
of the training and employment segments and/or reason for failure to complete.
4. Recipient shall have internal controls adequate to safeguard the grant.
5. If the grant cannot be used or a subsequent audit reveals the grant was not used
according to this Agreement, any money not so used shall be reimbursed to the
County.
6. Recipient shall provide an audit, by a certified or duly licensed public accountant,
of the expenditure of monies disbursed pursuant to this Agreement. Recipient shall
submit all documents required under this paragraph within one hundred and eighty
days (180) days after the end of its last fiscal year during which funds are expended
under this Agreement.
7. Recipient gives the County the right, until the expiration of three (3) years after
expenditure of funds under this Agreement, to audit the use of the grant monies.
Upon demand, the County shall have access to and the right to examine any
directly pertinent books, documents, papers, and records of Recipient involving
transactions related to these grant monies. All required records shall be maintained
until an audit is completed and all questions arising there from are resolved, or
until the expiration of three (3) years after the expenditure of the funds.
8. Recipient is and shall be an independent contractor, responsible to all parties for all
of its acts or omissions and the County shall in no way be responsible for such acts
Packet Pg. 170
8.D.4.d
E
or omission. Recipient shall and will indemnify and hold harmless the County from
and against any and all liability, claims, damages, expenses, fees, fines, penalties,
suits, proceedings, and actions and cost of actions, including reasonable attorney's
fees of any kind and nature arising or growing out or in any way connected with the
use, occupations, administration or control of the above described services by
Recipient or its agents, employees, customers, patrons or invitee, or resulting from E
injury to person or property, or a loss of life or property of any kind or nature o
whatsoever sustained during the term of this Agreement. Recipient hereby a
acknowledges that the payments made under this Agreement include specific
consideration for the indemnification provided herein. 0
Recipient agrees to comply with all local, state and federal laws, rules and E
regulations. E
Specifically with regard to public records, Recipient shall: �?
ti
(a) Keep and maintain public records that ordinarily and necessarily would be required by M
the County in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that o
the County would provide the records and at a cost that does not exceed the cost N
provided in state law or as otherwise provided by law. o
(c) Ensure that public records that are exempt or confidential and exempt from public o
records disclosure requirements are not disclosed except as authorized by law. N
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the contractor upon termination of the
Grant Agreement 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.
10. All publications, media productions and exhibit graphics shall include the following
statement: Sponsored in part by the Board of County Commissioners, St. Lucie
County, Florida.
11. Any notice shall be in writing and sent registered or certified mail, postage and
charges prepaid, and addressed to the parties at the following address:
TO THE COUNTY: St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
WITH COPIES TO: St. Lucie County Attorney
Administration Annex 2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Community Services Director
2300 Virginia Avenue
Fort Pierce, Florida 34982
TO RECIPIENT: Career Source Research Coast
Workforce Development Board Treasure Coast
Region 20
Packet Pg. 171
8.D.4.d
12
13
584 NW University Blvd, Suite 100
Port St. Lucie, Florida 34986
No amendment, modification or waiver of this Agreement shall be valid or effective
unless in writing and signed by both parties and no waiver of any breach or
condition of this Agreement shall be deemed to be a waiver of any other conditions or
subsequent breach whether of like or different nature. If the County currently
provides or subsequently provides any forms for agreement modification, Recipient o
agrees to use said forms. a
Recipient represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance
of services required hereunder, as provided for in Section 112.311, Florida Statutes E
(2016) and as may be amended from time to time. Recipient further represents that E
no person having any interest shall be employed for said performance.
Recipient shall promptly notify the County in writing by certified mail of all potentiz M
conflicts of interest prohibited by existing state law for any prospective busines
association, interest or other circumstance that may influence or appear to influenc, o
Recipient's judgment or quality of services being provided hereunder. Such writte
notification shall identify the prospective business association, interest or circumstance, the o
nature of work that Recipient may undertake and request an opinion of the County as t�
whether the association, interest or circumstance would, in the opinion of the Count} o
constitute a conflict of interest if entered into by Recipient. The County agrees to notif M
Recipient of its opinion by certified mail within thirty (30) days of receipt of notification b c
Recipient. If, in the opinion of the County, the prospective business association, intere: -
or circumstance would not constitute a conflict of interest by Recipient, the County shall &
state in the notification and shall, at his/her option, enter into said association, interest c E
circumstance and it shall be deemed not in conflict of interest with respect to services provide N
to the County by Recipient under the terms of this Agreement.
14. Except as otherwise provided, this Agreement shall be binding upon and shall
insure to the benefit of the parties.
15. In the event of a dispute between the parties in connection with this Agreement, the
parties agree to submit the disputed issue or issues to a mediator for non -binding
mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen
from a list of certified mediators available from the Clerk of Court for St. Lucie
County. The parties shall share the fee of the mediator equally. To the extent
allowed by law, the mediation process shall be confidential and the results of the
mediation or any testimony or argument introduced at the mediation shall not be
admissible as evidence in any subsequent proceeding concerning the disputed issue.
16. In the event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County,
Florida for claims under state law and the Southern District of Florida for any
claims that are justiciable in federal court.
17. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
Packet Pg. 172
8.D.4.d
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorize)
officials as of the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
BY:
NAME:
TITLE:
(SEAL)
Packet Pg. 173
8.1.1
ITEM NO. (ID # 3312)
TO:
PRESENTED BY:
SUBMITTED BY:
411 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
DATE: 01/26/2016
*CONSENT
AGENDA\MOSQUITO CONTROL
& COASTAL MGMT. SERVICES
Glenn Henderson, Interim Mosquito Control & Coastal Mgt. Serv. Dir.
Mosquito Control & Coastal Management Services
Award of Bid No. 16-009, Purchase of Pesticides for the St. Lucie County
Mosquito Control District
The purpose of this bid is to establish fixed pricing contracts for the purchase of pesticides on an as -
needed basis.
On December 9, 2015, submittals for Bid No. 16-009 for the purchase of pesticides for the St. Lucie
County Mosquito Control District were opened. Four submittals were received, eleven companies were
notified and fourteen documents were distributed.
These contracts will be utilized by the St. Lucie County Mosquito Control District. The initial term of the
contracts will be a period of two years. Providing the bidders agree to the same terms and conditions, the
contracts could be extended for an additional two one-year periods for a maximum contract term of four
years.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available in the Mosquito Control District Chemical account (145-6234-552300-600)
RECOMMENDATION:
Staff recommends Board approval of the award of Bid No. 16-009, Purchase of Pesticides for the St. Lucie
County Mosquito Control District to Adapco, Inc of Sanford, Clark Mosquito Products, Inc of Kissimmee,
Univar USA of Orlando, and All Pro Vector Group of Michigan, and authorization for the Chairman to
execute the contracts as approved by the County Attorney.
lfue ►] "WifRS1119P►I_Ts"191 F
Packet Pg. 174
8.1.1
Coordination/Signatures
lenn erso , inre r. o veto Cotuol & C astal Mgt. Serv. DI r. 1f11/2016
WMclntyre,,t,
anie orney 1/12/2016
Updated: 1/12/2016 11:42 AM by Katrina Slay Page 2
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8.J.1
ITEM NO. (ID # 3325)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Desiree Cimino, Purchasing Manager
Purchasing Division
DATE
01/26/2016
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Award of Bid No. 16-012, Maintenance and Repair Services for the County
Fleet Vehicles
On December 30, 2015, submittals for Bid No. 16-012 for maintenance and repair service for the County
fleet vehicles were opened. Six submittals were received, 91 companies were notified and 14 documents
were distributed.
The successful bidder's shall provide St. Lucie County with vehicle maintenance, parts and repair services
for all light fleet vehicles, sedans, SUV's and light trucks on an as -needed basis for the term of the
agreement. These contracts shall include a discount percentage for parts and an hourly rate for repair
services, along with contract pricing for preventative maintenance for light fleet vehicles on an as -needed
basis.
These contracts will be utilized by all County departments. The initial term of the contracts will be for a
period of one year. Providing the bidders agree to the same terms and conditions, the contracts could be
extended for additional two one-year periods for a maximum contract term of three years.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding is available from various departmental equipment maintenance (546000) accounts on
an as -needed basis.
RECOMMENDATION:
Staff recommends Board approval to award Bid No. 16-012, Maintenance and Repair Services for the
County Fleet Vehicles to Hickmans Brake & Alignment of Fort Pierce, JW Automotive of Fort Pierce, St.
Lucie Battery and Tire of Fort Pierce, Sunrise Ford of Fort Pierce and Wallace Automotive of Fort Pierce,
and authorization for the Chairman to sign the contracts as approved by the County Attorney.
Packet Pg. 179
8.J.1
COMMISSION ACTION:
Coordination/Signatures
b—aniefS. McIntyre, Xmy ttorney 1/14/2016
D-v
Ho!dard Tipton, Count Ad min-istrato 1/15/2016
Updated: 1/13/2016 12:16 PM by Katrina Slay
Page 2
Packet Pg. 180
m
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BOARD OF COUNTY COMMISSIONERS
BID #16-012 MAINTENANCE AND REPAIR SERVICES FOR THE COUNTY FLEET VEHICLES
- _ - PURCHASING DEPARTMENT
COUNTY
Hickman's Brake &
Alignment
Wallace Automotive
St. Lucie Battery & Tire
JW Automotive
Sunrise Ford
Rechtien International
Fort Pierce, Florida
Fort Pierce, Florida
Fort Pierce, Florida
Fort Pierce, Florida
Fort Pierce, Florida
Fort Pierce, Florida
Description
Percentage
Hourly
Percentage
Hourly
Percentage
Hourly
Percentage
Hourly
Percentage
Hourly
Percentage
Hourly
1
Parts cost plus markup
20%
10%
20%
25%
20%
25%
2
Hourly Shop Rate
$ 60.00
$60.00
$62.50
$ 65.00
$ 85.00
$127.00
Description
Unit Price
Unit Price
Unit Price
Unit Price
Unit Price
Unit Price
3
Normal Preventive Maintenance Service Charge for Autos and Pickup
Trucks based on five (5) quarts of oil and oil filter. Inculding (Hazardous
waste& Disposal) Est. Downtime:
$22.99
$25.00
$21.99
$16.99
$32.95
n/a
4
If more than five (5) quarts of motor oil required, price per additional quart
$2.49
3.84
3.99/ qt.
$2.75
n/a
5
Run Vehicle Diagnostics, if needed.
No charge for Code
Scan
$60.00
1 st hour free/$62.50per
$0.00
$85.00
n/a
6
Fuel filter for gasoline engines - replace if needed
$31.99
$35.00 and up
$22.00
$67.00
$89.95
n/a
7
Evacuate and Recharge Air Condition system, if needed
$60.00 +freon
$75.00
$62.50
$79.99
$119.00(includes freon)
n/a
8
Transmission Fluid, filter and gasket Est. Downtime:
$80.00
$185.00 and up
$85.00
$129.99
$199.95
n/a
9
Transmission Flush for autos and pickup trucks. Est. Downtime:
n/a
$135.00 and u p
$68.00
$129.99
$229.95
n/a
10
Single Wheel - remove wheels and check brake pads, cylinder and drums,
and report if needed. Rotate tires if needed. Est. Downtime:
no charge
check= free rotate=
14.00
no charge
$0.00
$7.00
n/a
11
Dual Wheel - Remove wheels and check brake pads, cylinder and drums,
and report if needed. Rotate tires if needed. Est. Downtime:
no charge
not available
no charge
$0.00
$22.00
n/a
12
Windshield Wiper Blades, 18", replace if needed.
$13.96 ea.
$24.00
$9.00
$20.00/each side
$39.95
n/a
13
Windshield Wiper Blades, 22", replace if needed
$3.79 ea.
$26.00
$7.00
$10.00/each side
$29.95
n/a
14
Signal light bulbs, replace if needed
$.69-$2.44 ea.
$10.00
$3.00
$5.00
$19.00
n/a
15
Clearance light bulbs, replace if needed
$.25-$.69 ea.
$10.00
$3.00
$5.00
$19.00
n/a
16
Parking light bulbs, replace if needed
$.69- $2.44 ea.
$10.00
$3.00
$5.00
$19.00
n/a
17
Headlight Bulbs replace if needed
1 $5.00- $11.00 ea.
1 $19.99
1 $19.95
$20.00
$69.00
n/a
Attach ment8.J.1.a: Bid No. 16-012 Bid Tabulation (3325 : Award of Bid No. 16-012, Maintenance and Repair Services for the County Fleet Vehicles)
8.K.1
ITEM NO. (ID # 3318)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Greg White,
Parks, Recreation, & Facilities
Rosser Library Roof Replacement
DATE: 01/26/2016
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
Bid No. 16-003 was solicited for replacement of the roof for the building that was formerly a Port St. Lucie
Police substation at 2950 Rosser Blvd. This facility was purchased by the county on June 18, 2013 and will
be remodeled and re -purposed into a new branch library under a separate public bid and contract.
On November 25th, 2015 submittals to Bid No. 16-003 Roof Replacement for the Rosser Library were
opened. Six proposals were received. 280 companies were notified and 16 sets of bid documents were
distributed.
Staff is recommending approval to award Bid No. 16-003 to the lowest responsive and responsible bidder
Therma Seal Roof Systems LLC of West Palm Beach, Florida in the amount of $158,100.00
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds will be made available in account 001-7110-562000-137608 in the amount of $158,100.00
0:1410I►ALTA Igo 107e19[slop
Staff recommends Board approval to award Bid No. 16-003 to Therma Seal Roof Systems, LLC., the lowest
responsive and responsible bidder in the amount of $158,100.00 to complete the Roof Replacement for
the Rosser Library project, and authorization for the Chairman to sign documents as approved by the
county attorney.
COMMISSION ACTION:
Packet Pg. 182
8.K.1
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 1/12/2016
Updated: 1/12/2016 3:11 PM by Greg White Page 2
Packet Pg. 183
�a
Y
06
(;oob tieagi-1 iessoN : g�gg) qe}pigfooaaassoN :e-�-N-g1uewyoe;;V
BOARD OF
COUNTY
COMMISSIONERS
TABULATION SHEET -- BID # 16-003
Roof Replacement for the Rosser Library
OPENED: November 25, 2015 AT 3:00 PM
Six (6) submittals were received for subject proposal:
PURCHASING
DEPARTMENT
TOTAL BID
Therma Seal Roof Systems, LLC
$ 158,100.00
1421 Oglethorpe Road, West Palm Beach, FL 3$405
J A Taylor Roofing Company
$ 173,761.00
302 Melton Drive, Ft, Pierce, FL 34982
Solar Guard Roofing, Inc.
$ 192, 500.00
151 N. Federal Hwy., #300, Boca Raton, FL 33432
Roofing Concepts Unlimited/Florida, Inc.
$ 215,330.00
11820 NW 415t Street, Coral Springs, FL 33065
Advanced Roofing, Inc.
$ 265,670.00
1950 NW 22nd. Street, Fort Lauderdale, FL 33311
Atlas Apex Roofing, LLC
$ 330,000.00
281 NE 32nd Street, Fort Lauderdale, FL 33334
Number of companies notified': 280
Number of bid documents distributed: 16
Number of bids received: 6
*per demandstar.com
co
a
m
M
a
8.N.1
ITEM NO. (ID # 3315)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Harris, County Surveyor
Engineering
F Realty Holdings, LLC - Fee -in -Lieu -of
DATE
01/26/2016
*CONSENT AGENDA\PUBLIC
WORKS
F Realty Holdings, LLC, developer of Florida Coast Equipment, is in the process of obtaining administrative
minor site plan approval via Planning and Development Services. Their proposed facility is located at the
northeast corner of Orange Avenue and Loop Road. The proposed use is retail sales and service for tractor
equipment. The site development consists of two structures totaling 12,000 square feet with paved
parking and a stormwater detention area. The developer proposes to construct a segment of sidewalk
from their southerly driveway located on Loop Road connecting to the existing sidewalk on Orange
Avenue. The sidewalk segment extending to the north would be more difficult.
Chapter 7.05.04 of the St. Lucie County Land Development Code requires that all new developments with
the Urban Service Boundary design and construct sidewalks along the limits of their road frontage. The
Code allows a developer to pay a fee -in -lieu -of if it is determined that the construction of the sidewalk
would be a disproportionate burden to the developer due to site conditions or if it is determined that the
construction is not in the best interests of St. Lucie County. The developer's engineer has requested the
fee -in -lieu -of option due to the existing swale along Loop Road. County staff has reviewed the
topographic data supplied by the developer's consultant and concurs with the developer's engineer.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Fee -in -Lieu -of Construction Agreement in the amount of
$8,019.00. Authorization for the Chairman to sign documents as approved by the County Attorney.
lfue ►] "Wifl;1-1L9P►I_Ts"191 F
Packet Pg. 185
8.N.1
Coordination/Signatures
Danie S. McIntyre, Co�inty ttorney 1/14/2016
Updated: 1/12/2016 11:21 AM by Linda Buchanan Page 2
Packet Pg. 186
8.N.1.a
-I-
AGREEMENT TO PAY FEE IN LIEU
OF CONSTRUCTING CONCRETE SIDEWALKS
THIS AGREEMENT is made and entered into this day of , 2015 by
and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of
Florida ("County") and F REALTY HOLDINGS LLC ("Developer").
WITNESSETH:
WHEREAS, Developer intends to construct a project to be known as FLORIDA
COAST EQUIPMENT (the "Development"); and
WHEREAS, the Developer cannot construct concrete sidewalks at the project
location due to site conditions.
WHEREAS, the Developer agrees to pay to the County Eight Thousand and
nineteen dollars ($8,019.00) as payment in lieu of constructing the required concrete
sidewalks at the project location.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties covenant and agree as follows:
Within fifteen (15) days from the date of this Agreement, the Developer shall
deliver to the County funds in the amount of $8,019.00 (the "Funds"). The Funds delivered
to the County shall be used for design and construction of sidewalks at locations as
determined by the County. The Funds are nonrefundable.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the day and year first above written.
COMMISSIONERS
ATTEST:
Deputy Clerk
BOARD OF COUNTY
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
Packet Pg. 187
8.N.1.a
-2-
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
F Realty Holdings LLC
BY •
Print Name: Sarah E. Fender
Title: Manager
Packet Pg. 188
8.N.2
ITEM NO. (ID # 3339)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Don West, Public Works Director
Public Works
DATE
01/26/2016
*CONSENT AGENDA\PUBLIC
WORKS
Ten Mile Creek Water Preserve Area Remediation Plan
Public Works Staff attended both the South Florida Water Management District (SFWMD) Project Lands
Committee meeting on January 13, 2016 and the South Florida Water Management District Governing
Board meeting on January 14, 2016.
SFWMD Staff provided presentations about the Ten Mile Creek remediation plans at both meetings.
Based upon comments from SFWMD Staff and Governing Board Members, the remediation plan is funded
and moving forward to construction later this year.
Construction is scheduled to begin after wet season ends in November, 2016. Construction is anticipated
to take about 8 months for completion. The facility will be capable of storing 4 feet depth of water after
the remediation work is done. The attached memorandum dated January 14, 2016 is from Mr. Tom Teets
to the SFWMD Governing Board, provides additional details about the remediation plan.
SFWMD intends to own and operate the facility in perpetuity upon completion of the remediation work.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Informational Update - No Action Required
COMMISSION ACTION:
Packet Pg. 189
8.N.2
Coordination/Signatures
Con Wept, Public Works Directo 016
aanief& Manie . McIntyre, C my ttorney 1/19/2016
Updated: 1/25/2016 3:54 PM by Katrina Slay Page 2
Packet Pg. 190
8.N.2.a
MEMORANDUM
TO: Governing Board Members
FROM: Tom Teets, Division Director, Office of Everglades Policy and Coordination
DATE: January 14, 2016
SUBJECT: Status and Future Plans for Ten Mile Creek Water Preserve Area Project
Summary
On December 18, 2015, Congress approved and the President signed the Consolidated
Appropriations Act of 2016, which includes a provision directing the Secretary of the Army to
execute an agreement with the South Florida Water Management District that would transfer the
ownership and responsibility for the Ten Mile Creek Water Preserve Area Project (TMC Project)
to the SFWMD within 180 days after enactment. The legislation states that upon execution of the
Transfer Agreement, the TMC Project "shall no longer be authorized as a Federal project."
This action will allow the SFWMD to move forward with construction of modifications needed to
convert the existing TMC Project into a safe, functional water storage and treatment facility.
Communications have been initiated by SFWMD staff with the Assistant Secretary of the Army
for Civil Works Office and the U.S. Army Corps of Engineers to facilitate this transfer.
To convert the project into a safe, functional water storage and treatment facility, SFWMD staff
will plan and implement the following steps: 1) Backfill the existing collector ditch along the interior
embankment toe, including placement of confining material at select locations; 2) Remove the
existing soil cement stair steps; and 3) Repair/remove the existing soil cement apron. The
completion of design and authorization for construction is anticipated in the spring of 2016 with
construction to be initiated after wet season operations ends in the fall of 2016. This schedule will
allow for construction to begin during the dry season as well as allow the current operations to
continue at 1 foot of depth through the expected 2016 wet season. In the fall of 2016, the reservoir
would be taken off line for the repairs required to allow a filling to a stage of 22.0' NGVD
(approximately 4' depth). The construction cost for this work is estimated at $7 million.
Core Mission and Strategic Priorities
This project supports the District's core mission element for protecting and restoring ecosystems
and is consistent with the priorities set forth in the 2015-2016 budget process.
Funding Source
$7.2M is budgeted for construction of the TMC Project.
Staff Contact and/or Presenter
Tom Teets, tteets(a)-sfwmd.gov, ext. 6993
30 as
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8.S.1
ITEM NO. (ID # 3316)
COUNT::]
F L Q R I
DATE: 01/26/2016
AGENDA REQUEST *CONSENT AGENDA\UTILITIES
TO: Board of County Commissioners
PRESENTED BY: Laurie Waldie, Utility Director
SUBMITTED BY: Utilities
SUBJECT: NHI Septic System Removal Project Budget Transfer
BACKGROUND:
When the FY 2016 budget was approved, the amount included for design of the Indian River Lagoon NHI
Nutrient Pollution Reduction Project (NHI Septic Removal Project) was a placeholder of $440,000. After
award to the design engineering team, and through subsequent negotiation, the cost to design and
permit the wastewater collection system for the NHI Septic Removal Project is $604,000 plus permit costs
of $4,000. Staff is recommending approval of the budget transfer of $168,000 from the Utility Reserves
for this contract. These dollars would be returned to the Utility reserves if the MSBU is approved and
assessment bonds sold.
In addition, the Utility is seeing increased issues with aging water lines within the project area that have
reached the end of their service life. To improve the level of service, minimize the disruptions to the
community, and capitalize on project efficiencies these out-of-date water mains are proposed to be
replaced in conjunction with the NHI Septic Removal Project. Design services for the water distribution
replacement was included in the project Request For Proposals. The negotiations with the selected
engineering team included the water main design and permitting cost of $170,000. The water main
replacements is a Renewal & Replacement (R&R) Project. Staff recommends approval of this North
Hutchinson Island Water Distribution System Replacement CIP project and the budget transfer from the
Utility Reserves in the R&R Fund for the design and permitting.
PREVIOUS ACTION:
July 7, 2015 - Board approval of RFQ No. 15-037, professional engineering services for North Hutchinson
Island Septic Removal Project.
FINANCIAL IMPACT:
Sufficient funds will be made available in the Water & Sewer District Infrastructure Funds, for the
permitting and design items associated with the project. (478-3602-563016-163603, 478-3602-563011-
163603, 471-3602-563016-153605 & 471-3602-563011-153605)
RECOMMENDATION:
Packet Pg. 203
8.S.1
Staff recommends Board approval of the associated budget transfer to move $778,000.00 from Utility
Reserves and Professional Services to Infrastructure - Design and Permits and also Board approval of the
associated Capital Improvement Project #163603.
COMMISSION ACTION:
Coordination/Signatures
Laurie Waldie, Utility Director 1/11/2M6
Danie S. McIntyre, c my ttorney 1/12/2016
Updated: 1/12/2016 11:38 AM by Katrina Slay Page 2
Packet Pg. 204
8.S.1.a
ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM
CAPITAL PROJECT SUMMARY
PROJECT NAME: North Hutchinson Island Water Dstribution System Replacement r PROJECT #: 163603
DEPARTMENT: Utilities DATE PREPARED: 1/7/2016
DIVISION: I PROJECT MGR: Ray Murankus
TYPE OF PROJECT: NEW CONSTRUCTION: RECOMMENDED: YES F X NO
RENOVATION: X APPROVED: YES
MAINTENANCE: REVISED: YESHNO
NO
PROJECT DESCRIPTION, SCOPE & JUSTIFICATION:
Design, permit and replace portions of the aging water distribution system (water mains and service lateral) on North Hutchinson
Island.
THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO 0
LEVEL OF SERVICE IMPACT:
Improve the LOS
DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety
2 - Medium Priority, not completing would have some effect on service;
grant award/availability; long range expansion goals
3 - Other
CARRYOVER FY15-16 FY15-16 FY 16-17 FY17-18 FY18-19 FY19-20 5-YEAR
FUNDING USES
FROM FY 15 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL
Land 0 0
Buildings 0 0
Imp O/T Bldgs 1 170,0001 170,000 1,080,000 975,000 525,000 2,750,000
TOTAL: 0 170,000 170,000 1,080,000 975,000 525,000 0 2,750,000
FUNDING SOURCES & AMOUNTS FY15-16 FY15-16 FY 16-17 FY17-18 FY18-19 FY19-20 5-YEAR
NEW BUDGET PLAN PLAN PLAN PLAN TOTAL
Rates, fees and charges 170,0001 170,000 0 0 0 170,000
Loan (to be repaid by rates and fees 1,080,000 975,000 525,000 2,580,000
0
TOTAL: 170,000 170,000 1,080,000 975,000 525,000 0 2,750,000
PRIOR PROJECT FUNDING
TOTAL LIFE TO DATE BUDGET
TOTAL LIFE TO DATE EXPENDITURE
OPERATING IMPACT
(Includes add'1 personnel needs as well as any other FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 18-19 5-YEAR
operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL
Number of New Positions Needed 0
Estimated Operating Impact 0
REMARKS:
The North Hutchinson Island Water Distribution System Replacement project is planned for completion with the wastewater/septic
removal project which will provide for efficiencies and minimize the disruption to the residents of North Hutchinson Island.
CAPITAL IMP REQ # : ACCOUNT #: 478 3602 563016 163603
(additional lines for multiple 478 3602 563011 163603
fund sources) 478 3602 563000 163603
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8.T.1
ITEM NO. (ID # 3344)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
John Wiatrak, Airport Manager
St. Lucie County International Airport Division
DATE: 01/26/2016
*CONSENT AGENDA\PLANNING
AND DEVELOPMENT SERVICES
St. Lucie County International Airport - Consider Consent to Proposed
Hangar Sublease Between Fort Pierce FBO, LLC and Decorus Development
LLC.
Fort Pierce FBO, LLC has presented a proposed hangar sublease with Decorus Development LLC, for
consent by the Board of County Commissioners. The proposed sublease is for the ground space
associated with the hangar located at 3139 Jet Center Terrace which will be used by Decorus
Development LLC for aircraft storage, general office, administrative, manufacturing, and related functions.
The term of the lease is to match the term of the Fort Pierce FBO, LLC lease, which runs until 2040. Staff
has reviewed the proposed sublease and finds it acceptable as to legal form and correctness.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
No financial impact to the County is anticipated with this sublease.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners consent to the proposed hangar sublease
between Fort Pierce FBO, LLC and Decorus Development LLC, and authorize the Chairman to sign the
Consent of Master Ground Lessor.
COMMISSION ACTION:
Packet Pg. 206
8.T.1
Coordination/Signatures
L Plan 11
ng Manager 1/22/2016
anie . Mcqre,torney 1/22/2016
Updated: 1/22/2016 2:06 PM by John Wiatrak Page 2
Packet Pg. 207
8.T.1.a
(Space above this line reserved for recording information)
DOCUMENT COVER PAGE
Document Title: Ground Sublease and Lease of Improvements
Return to:
Reed Smith LLP
3110 Fairview Park Drive, Suite 1400
Falls Church, VA 22042
Attn: Carol Honigberg, Esq.
s:
a
US ACTIVE-12154462Q.1
Packet Pg. 208
8.T.1.a
P
2982 Curtis King Blvd
Fort Pierce, FL 34946
772-489-2285,772-468-0252
GROUND SUBLEASE AND LEASE OF IMPROVEMENTS
Reference Page
Tenant: Decorus Development LLC
An Ohio Limited Liability Company
Landlord: Fort Pierce FBO LLC,
a Florida Limited Liability Company
Tenant's Notice Address: 3131 Jet Center Terrace, Ft. Pierce, Florida
Address of Premises: 3139 Jet Center Terrace, Ft. Pierce, Florida
Rentable Area of Premises: approximately 10,032 square feet of building as shown on Exhibit
A (actual square footage to be determined by survey to be obtained)
Commencement Date: Date of payment of initial Improvements Rent by Tenant
Termination Date: Termination Date of the Landlord's Ground Master Lease, if not
earlier terminated pursuant to the terms hereof
Base Rent: $.12 (12 cents) per square foot per year, plus applicable insurance
costs, plus applicable sales tax, adjusted as set forth in Section 3
Improvements Rent: Set forth on Exhibit C
Security Deposit: Not applicable
This Reference Page (herein so called) information is incorporated into and made a part of the
Ground Sublease and Lease of Improvements. The Ground Sublease and Lease of
Improvements includes Exhibit A (Legal Description of the Premises), Exhibit B (Environmental
Requirements), Exhibit C (Lease Payment Schedule for Improvements), Exhibit D (form of Bill
of Sale for Improvements) and Master Ground Landlord's Consent,
Landlord:
Fort Pierce FBO, LLC
2982 Curtis King Blvd
Fort Pierce, FL 34946
Tenant:
Decorus Development LLC
3133 Jet Center Terrace
Ft. Pierce, FL 34946
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8.T.1.a
GROUND SUBLEASE AND LEASE OF IMPROVEMENTS
THIS GROUND SUBLEASE AND LEASE OF IMPROVEMENTS (hereinafter
individually or collectively, as the context may require, the "Sublease") is made and entered into
as of the _ day of , 2015 ("Effective Date"), by and between FORT PIERCE FBO
LLC, a Florida limited liability company ("Landlord"), and DECORUS DEVELOPMENT
LLC, an Ohio limited liability company ("Tenant").
1`ilLl1UEDM FVIA
A. Landlord is the lessee under a Second Amended and Restated Lease Agreement
dated May 16, 2008 (as amended and modified, "Ground Master Lease") with St. Lucie
County, Florida ("Ground Master Landlord"), of certain land located at the St. Lucie County
International Airport ("Airport"), Landlord having acquired its interest in the Ground Master
Lease by an Assignment and Assumption Agreement dated as of January 18, 2011 from Treasure
Coast FBO, LLC, as assignor, to Landlord, as assignee.
B. Tenant desires to sublease from Landlord, and Landlord has agreed to sublease to
Tenant, a part of the demised Ground Master Lease premises located at the Airport ("Premises")
as identified below and on the Reference Page.
C. Tenant further desires to lease from Landlord the building located on the Premises
("Improvements"), upon the terms and conditions set forth in this Sublease. For the avoidance
of doubt, each reference in this Sublease to Premises shall mean and include both the Premises
and the Improvements thereon until such time, if ever, that Tenant purchases the Improvements,
as provided herein.
D. Tenant further desires to purchase the Improvements from Landlord, and
Landlord agrees to sell and convey to Tenant the Improvements on the terms and conditions as
more particularly hereinafter described.
E. Each of the sublease of the Premises, the lease of the Improvements and the sale
of the Improvements is subject to Ground Master Landlord's consent.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements set forth in this Sublease, and other good and valuable consideration, the receipt
and sufficiency of which hereby are acknowledged, the parties hereby agree as follows:
1. PREMISES; USE; NON -COMPETE.
(a) Premises. Tenant leases the Premises shown on Exhibit A and described on the M
Reference Page from Landlord. The Premises and contiguous or related property which are
managed jointly are referred to as the "Property" and are located at the Airport. In addition,
Tenant, its agents, employees and invitees shall have access to the full airport facility known as
the St. Lucie County International Airport; shall at all reasonable times be permitted access to the E
runways, taxiways and other public facilities located upon the Property; and shall have non-
exclusive rights in common with others to park in parking areas located on the Property. Tenant
a
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8.T.1.a
further leases the Improvements from Landlord, on an "as -is" basis but with full rights of
possession.
(b) Use. The Premises shall be used and occupied for aviation purposes in conformity with
the Ground Master Lease. Tenant shall not permit anything to interfere with the rights of other
tenants on the Property or injure, annoy or disturb them. Tenant shall not permit any waste or
illegal act or anything that will increase the Property insurance rate. Tenant shall be financially
responsible for its failure to observe any covenant or condition of this Section. During the Term
of this Sublease, the Premises shall not be used (1) for any purpose in violation of any federal,
states or municipal statue or ordinance, or of any order, regulation or directive of a governmental
agency, as such statutes, ordinances, orders, regulations or directives may now exist or may
hereafter provide concerning the use and safety of the Premises; or (2) for any purpose in
violation of the Ground Master Lease.
(c) Covenant Not to Compete. Tenant shall use the Premises solely for the purposes set forth
herein and shall not, during the Term of this Sublease, enter into any commercial activity on the
Airport that would in any form or manner compete with any of the activities in which Landlord
is engaged on the Airport as of the Commencement Date, or which involve the sale of aircraft
fuels, rental of ground vehicles, sale of food or beverage, or rental of life gear. Additionally,
Tenant shall not permit any entity to perform any activity on the Premises which in any form or
manner competes with any commercial activity in which Landlord is engaged as of the
Commencement Date.
2. TERM; ABANDONMENT.
(a) Term. The term of this Sublease ("Term") shall begin on the Commencement Date and
end on the termination date of the Ground Master Lease ("Termination Date"), if not earlier
terminated in accordance with the terms hereof. Tenant shall surrender the Premises to the
Landlord immediately upon termination of the Term or earlier termination as provided herein.
(b) Abandonment. If Tenant vacates the Premises prior to the scheduled expiration of the
Term, other than as permitted pursuant to this Sublease, Tenant shall be in default of this
Sublease, and if Tenant has not re-entered the Premises and resumed the operation of its business
for a period of thirty consecutive days, Tenant shall be deemed to have abandoned the Premises
and the Improvements, and Landlord shall have the right, but not the obligation, to take sole
possession of the Premises and the Improvements on or after the tenth day following the
expiration of said thirty -day period and Landlord may relet said Premises.
3. RENT.
(a) Tenant shall pay the Base Rent for the Premises, as set forth on the Reference Page, on M
the entire area being leased, plus all sales tax levied by any federal, state, county, city or any M
agency authorized to levy and collect rent tax, payable in equal monthly installments, due on the
first of each month and pro -rated if the Commencement Date is not the first day of a month. The
Base Rent shall increase by the percentage increase in ground rent paid by Landlord under the c
Ground Master Lease with respect to the Premises, effective on the same date that the increase in E
ground rent takes effect under the Ground Master Lease.
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8.T.1.a
(b) The schedule of rental payments due for the Improvements is set forth on Exhibit C
("Improvements Rent"), which is incorporated into the Sublease by this reference. After
Tenant has paid the Improvements Rent for the Improvements in full (by making each
installment payment or by prepaying such sums), Tenant may, at its option, purchase the
Improvements for $1.00, by providing notice to Landlord of Tenant's desire to exercise such
purchase option. Upon payment in full of all Improvements Rent and delivery of notice of
Tenant's intent to exercise its purchase option, Landlord will, within thirty (30) days of receipt of
notice, deliver to Tenant a bill of sale substantially in the form of Exhibit D attached hereto,
which transfers the Improvements to Tenant free and clear of liens other than the Ground Master
Lease, which Tenant agrees to take subject to.
(c) Other sums due hereunder ("Additional Rent" and together with the Monthly Base Rent
and the Monthly Improvements Rent, collectively, the "Rent") shall also be due on the first of
each month.
(d) Rent shall be paid to Landlord, at the address set forth on the Reference Page, unless
another address is provided to Tenant by Landlord in writing, without offset, deduction,
abatement, counterclaim or notice.
(e) Each Rent payment not received by the tenth (10"') of the month shall bear a late charge
of two percent per month from the due date until the date the Landlord receives payment ("Late
Charge"). In addition to the Late Charge, Landlord may charge a one-time bookkeeping charge
of five percent of the amount due ("Bookkeeping Charge"). These charges are for the purpose of
collection efforts and to defray costs incurred by Landlord in regard to such collection efforts.
Partial payments of delinquent amounts shall be applied to pay past due amounts and charges in
the following order: Bookkeeping Charges, Late Charges, and Rent.
(f) Landlord shall have all the rights and remedies provided by law. The provisions for
installment payment of any sums set forth in this Section are a privilege for the benefit of Tenant.
If Tenant fails to make timely payments, the provisions of Section 16 shall apply. Nothing in
this Section shall be deemed a waiver by Landlord of any covenant, term or condition of Section
15.
4. EXPENSES. Tenant shall pay any and all expenses in connection with the Premises,
Improvements and Alterations (defined below), including without limitation its pro rats share of L
all ad valorem real property taxes attributable to the Premises and the Improvements and all
utilities. Utilities shall be paid in accordance with Section 12. Tenant is responsible for and
shall pay directly for all other expenses related to its business, and all other expenses incurred as v
a direct result of Tenant's failure to abide by any and all regulations or rules as set forth by the a
county, state, and federal government or any governing authority over the Premises. Tenant
shall be responsible for all minimum required fire protection device costs including annual M
inspection fees, monitoring costs, device maintenance and device recharging, if required for the
Premises. Subject to the provisions of Section 11, which shall control, property insurance for
this Sublease is passed through to Tenant and is subject to increase to the extent Landlord's cost
of insurance is increased during the Term.
a
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8.T.1.a
5. ALTERATIONS. Any construction on the Premises, including any alterations, changes or
additions to the Improvements ("Alterations"), shall be subject to the terms of the Ground
Master Lease and Landlord's prior written approval, not to be unreasonably withheld. Tenant
shall design and construct all Alterations in accordance with State and Federal accessibility
guidelines and provide Landlord with copies of all plans and specifications with respect to such
Alterations, prior to commencing such Alterations. Tenant, at its sole expense, shall obtain all
required permits from authorities having jurisdiction prior to the commencement of any
construction activity. Tenant acknowledges that Landlord must approve any alteration to any
approved site plan with respect to the Premises.
6. CONDITION OF PREMISES. Tenant fully accepts each of the Premises and the
Improvements in its present "as -is" condition, and Landlord shall have no obligation or liability
to make any alterations or improvements of any kind on or to the space, hangar, office or any
part thereof. By taking possession, Tenant accepts the Premises as being in good order and
repair, and in the condition in which Landlord is obligated to deliver the Premises and the
Improvements.
7. MAINTENANCE. Tenant shall have sole responsibility to maintain the Premises and the
Improvements thereon in good condition, regularly servicing and promptly making all repairs
and replacements, whether ordinary or extraordinary, with high quality materials and
workmanship in compliance with all laws and regulations. Tenant shall maintain all portions of
the Premises and Improvements including all mechanical and electrical fixtures and equipment
and all landscaping on the Premises. If Tenant refuses or neglects to make any required repairs
and/or maintain the Premises, or any part thereof, in a manner reasonably satisfactory to
Landlord, Landlord shall have the right, upon giving Tenant reasonable notice of its election to
do so, to make such repairs or perform such maintenance on behalf of and for the account of
Tenant. In such event, such work shall be paid by the Tenant as Additional Rent due
immediately upon receipt of the bill therefor.
8. LIENS. Tenant shall keep the Premises free from liens at all times prior to purchase of the
Improvements. As owner of the Improvements, Tenant shall be entitled to procure a leasehold
mortgage secured by the Improvements, subject to the consent of Landlord, which shall not be
unreasonably withheld, conditioned or delayed, and the approval of the Ground Master Landlord.
If Tenant does not, within ten days following the filing of any mechanics lien against the
Premises, cause such lien to be released, Landlord may cause it to be released by such means as
it shall deem proper, including payment of the claim. Such sums advanced shall be considered
Additional Rent and payable by Tenant upon demand from Landlord.
9. ASSIGNMENT; SUBLETTING. Tenant shall not assign or pledge this Sublease without v
the prior written consent of Landlord, which shall not be unreasonably withheld. A transfer a
directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of
transfers) shall constitute an assignment hereunder. Tenant shall not sub -sublet the Premises M
without the prior written consent of Landlord, which shall not be unreasonably withheld, and the
written approval of the Sub -sublease by the Ground Master Landlord. Tenant shall not engage in
offering hangar storage to any tenant of Landlord who is a tenant of Landlord as of the
Commencement Date or as of the date of Tenant's offer.
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8.T.1.a
10. INDEMNIFICATION. To the fullest extent permitted by applicable law, Tenant waives all
claims against Landlord for damage to any property or injury to any person connected with
Tenant's use of the Premises and Improvements. Tenant shall hold Landlord and Ground Master
Landlord harmless from, and defend Landlord and Ground Master Landlord against, all claims,
liability, loss or costs for property damage or personal injury (including that to Tenant's
customers, employees, agents or invitees) on the Premises, or in the parking areas, sidewalks and
loading areas adjacent to the Premises, occurring or alleged to have occurred during the Term;
provided that such liability, loss or costs is not due to the gross negligence or willful act or
omission of the Landlord. This Section shall survive the termination of this Sublease.
11. INSURANCE.
(a) General Liability and Property Insurance.
(1) Landlord shall at all times continuously maintain (i) commercial general liability
insurance with limits not less than $1 million per occurrence and $2 million aggregate, written on
an occurrence basis, which insures against claims for bodily injury, personal injury, and property
damage based upon, involving or arising out of the use, occupancy or maintenance of the
Premises and the Improvements and the Property; and (ii) all risk property insurance (including
windstorm coverage) on the Premises, the Improvements and any Alterations in the amount of
full replacement cost. Upon Tenant's purchase of the Improvements, Tenant shall be obligated
to and shall carry all risk property insurance on the Premises and the Improvements in an amount
equal to its replacement cost. All Landlord's insurance shall name Ground Master Landlord and
mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty
days' notice of cancellation. Tenant shall reimburse Landlord for the cost of Landlord's
Insurance as Additional Rent.
(2) Tenant shall at all times continuously maintain (i) commercial general liability
insurance with limits not less than $1 million per occurrence and $2 million aggregate, written on
an occurrence basis, which insures against claims for bodily injury, personal injury, and property
damage based upon, involving or arising out of the use, occupancy or maintenance of the
Improvements and the Property; and (ii) all risk property insurance (including windstorm
coverage) on the Premises, Improvements and any Alterations in the amount of full replacement
cost.
(b) Additional Insurance. Tenant shall at all times during the Term continuously maintain or
cause to be maintained (i) Worker's Compensation insurance for all personnel in statutory
limits, (ii) business automobile liability insurance with limits not less than $1 million each
accident covering owned, hired, and non -owned vehicles used by Tenant, (iii) aircraft insurance, v
if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent
contractor liability and Premises liability and (iv) environmental liability coverage with limits M
not less than $1 million per occurrence or such larger coverage amount as Landlord may M
reasonably require if the nature of the operations in the Improvements may pose significant risk
of environmental liabilities. Tenant agrees to increase auto liability amounts to County
mandated $5 million minimum if operating on Airport operations areas (AOA). 94
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(c) Tenant's Insurance Requirements. All insurance Tenant shall maintain shall name
Landlord and its affiliates, management company, Ground Master Landlord and mortgagee as
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8.T.1.a
additional insureds (on a primary and noncontributory basis) and provide thirty days' notice of
cancellation. A certificate of insurance shall be delivered to Landlord prior to the
Commencement Date. Tenant hereby waives any rights of recovery against Landlord for any loss
normally covered by fire, extended coverage or all risk insurance, and shall obtain the necessary
endorsements from its insurer with respect thereto. Upon the reasonable request of Landlord,
Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant
acknowledges that insurance limits and deductibles may increase due to requirements of Ground
Master Landlord and agrees to abide by such requirements.
12. UTILITIES. Tenant shall pay promptly and in full for all utilities including but not
limited to all electricity, water, sewer, communications, Internet access and trash and garbage
removal with respect to the Premises. This includes all deposits, connection fees, tap fees, and
demand or reservation fees together with all taxes levied or other charges on such utilities and
governmental charges based on utility consumption. Landlord shall not be liable for any
interruption or diminution of utility services. In the event of utility "deregulation" Landlord
shall have the sole right to choose the service provider.
13. SUBORDINATION. This Sublease shall be subordinate to any Property mortgage or
ground lease, including without limitation the Ground Master Lease. Tenant agrees to attorn to
any transferee, including any mortgagee under such mortgage or the Ground Master Landlord as
if it were the transferee, as its Landlord; and the Tenant agrees to execute such evidences of
attornment as the mortgagee or the Ground Master Landlord may from time to time reasonably
request. Tenant further agrees that such attornment shall not be terminated by foreclosure; and
that the mortgagee or Ground Master Landlord may, at their sole option, accept or reject such
attornment. In the event of attornment by Tenant, the mortgagee or Ground Master Landlord
shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or
defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's
Rent; or (d) be required to account for any security deposit not actually delivered to such ground
owner or mortgagee; or (e) bound by any modification of this Sublease not approved by it.
Tenant shall execute a subordination, non -disturbance and attornment agreement upon ten days
notice, provided that such agreement is mortgagee's standard form. Tenant further agrees to
provide any mortgagee of the Property written notice of a Landlord default under this Sublease
and a reasonable opportunity to cure such default.
14. RULES; SIGNS.
(a) Rules.
(1) Environmental Requirements. Tenant and Tenant's agents, employees, visitors,
licensees, invitees, clients and customers shall comply with the Environmental Requirements
attached as Exhibit "B" and all reasonable rules and regulations promulgated by Landlord from M
time to time which, in Landlord's opinion, shall be necessary for the reputation, safety, care,
efficient operation or appearance of the Premises or the Property, provided such rules and
regulations are applied in a non-discriminatory manner. Landlord shall not be liable to Tenant ~
for the violation of any said rules and regulations or the breach of any covenant or condition in c
any lease or sublease by any other tenant, subtenant or assignee, or by the employees or invitecs E
of any other tenant, subtenant or assignee.
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(2) Stormwater Permit. Tenant acknowledges that Ground Master Landlord has
obtained a Permit for Stormwater Discharge from the Florida Department of Environmental
Protection ("Stormwater Permit") and that the Premises are located within the area subject to
the Stormwater Permit. Ground Master Landlord, or its agents, may enter the Premises and any
facility or improvement located on the Premises for the purpose of conducting an annual
inspection to fulfill the Ground Master Landlord's obligations under the Stormwater Permit.
Tenant waives any claim for reasonable interference to its business as a result of such annual
inspection. Tenant shall comply with the Best Management Practices associated with the
Stormwater Permit and any requirements to monitor any potential pollutants on the Premises and
clean up and dispose of any pollutant spills deriving from the Premises.
(3) Minimum Standards and Regulations. Tenant shall abide by the Minimum
Standards and Regulations adopted by Ground Master Landlord on December 4, 2007, as the
same may be amended, modified or replaced from time to time.
(4) Commercial Operating_ Permit. Tenant shall file for a Commercial Operating
Permit if so required by Ground Master Landlord.
(b) Signs. Tenant shall have the right to erect, maintain or display any signs or advertising
on the exterior of the Premises or within the Premises, provided that such signs and advertising
are approved by Landlord and comply with all FAA, local government and Airport rules,
regulations and ordinances. Tenant must obtain and pay for all required permits from St. Lucie
County and shall obtain approval from the Airport director and Landlord prior to proceeding
with installation. At the expiration of the Term or any earlier termination, Tenant shall remove
its signage from the Premises and repair at its sole cost all damage resulting from such signs
being affixed to the structures.
15. REENTRY. Landlord may reenter the Premises at any reasonable time to inspect, provide
services, or alter or repair the Premises and at any time in the event of an emergency. Tenant
waives any claim for interference to its business.
16. DEFAULT.
(a) As to Rent. If Tenant defaults in the payment of any Rent, whether Base Rent, Monthly
Improvements Rent or Additional Rent, then Landlord shall have all the following options and
privileges:
(1) Landlord may declare the remainder of the Rent for the Term as presently due and
payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it
alter or affect Tenant's obligations to pay Rent under the terms of this Sublease.
(2) Landlord may, after any statutorily required notice, terminate this Sublease.
(3) In addition, Landlord may exercise any and all other options available to it, in law ~
or in equity, which options may be exercised concurrently with or separately from the exercise of
the above options.
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(b) As to Other Provisions of the Sublease. If Tenant defaults (i) in the observance of any
ordinance, law or regulation or any term, covenant or condition of this Sublease or other
agreement with Landlord and fails to remedy, or commence to remedy (and diligently pursue
until completion), such default within twenty days after notice; or (ii) in subletting or assigning
this Sublease without consent; then, Landlord may give Tenant the statutorily required notice of
Sublease termination, if any, and Tenant shall remain liable for damages and Rent due
hereunder. If Tenant defaults two times in any six-month period, Landlord may serve notice of
Sublease termination without giving Tenant an opportunity to cure such default.
(c) No Waiver. Landlord's failure to enforce one or more of its rights under this Sublease, at
law, or in equity, shall not be construed as a waiver or limitation of Landlord's ability to
subsequently enforce any of its rights.
(d) Tenant BankruptcX. Upon the appointment of a receiver or an assignment of assets for
the benefit of creditors, or any action taken by Tenant under any bankruptcy or other debtor
relief act, this Sublease shall automatically terminate without notice.
17. REMEDIES. If this Sublease shall terminate due to a default by Tenant, then Tenant shall
pay all Rent until termination and, as damages, any deficiency between the future Rent herein
and the rent collected under any re -letting, net of all expenses. Landlord may elect not to
terminate this Sublease but to (i) recover the Rent as the same becomes due or, in advance, the
present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant
the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After
termination due to such default, Landlord may reenter the Premises, dispossess Tenant from the
Premises thereon and remove all personal property without releasing Tenant from any obligation,
including payment of Rent. Tenant and Tenant's creditors waive all rights to file claims for
damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after
Tenant shall have been dispossessed by any judgment. All other rights and remedies available to
Landlord under applicable law are hereby expressly reserved and agreed to be cumulative.
Tenant agrees that it shall be responsible for payment of all costs incurred by Landlord in
enforcing its remedies under this Sublease.
18. QUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this
Sublease and that Tenant, while paying Rent and performing its other covenants and agreements
shall peaceably and quietly have, hold and enjoy the Premises without hindrance from Landlord.
19. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby
created or any renewal thereof, be damaged or destroyed, (i) this Sublease shall continue in full
c
force and effect, (1i) Tenant shall be obligated to rebuild on the Premises, with reasonable 0
promptness, the Improvements and Alterations that existed on the Premises prior to the date of
said casualty, and (iii) Rent shall continue unabated. The provisions of this Article shall be
subject and subordinate to the Ground Master Lease on the Premises or Property.
20. EMINENT DOMAIN.
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(a) Termination on Material Taking. If possession of any material part of the Premises or E
Improvements is taken under the power of eminent domain, or conveyance in lieu thereof, either a
party may terminate this Sublease within thirty days of such taking. Landlord shall be entitled to a
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any condemnation award with respect to its interest in this Sublease and the Ground Master
Lease, and Tenant shall be entitled to any condemnation award with respect to the Improvements
(if Tenant has purchased the Improvements as of such date of taking), its interest in this Sublease
and dislocation damages. For purposes of this Section, "material part" shall mean forty percent
or more of the square footage of the Premises.
(b) Termination on Non -material T_ akin. If less than forty percent of the square footage of
the Premises is taken under the power of eminent domain, or conveyance in Iieu thereof, and if,
in Tenant's opinion, the remainder of the Premises is in a location, or in a form, shape or reduced
size that makes it impossible for Tenant to effectively and practicably conduct its regular
activities on the remaining Premises, then Tenant shall so notify Landlord in writing no later than
30 days after receiving notice of approval of the taking, and this Sublease shall terminate on the
date title to the portion of the Premises being taken vests in the condemning authority. If Tenant
fails to timely notify Landlord, then Tenant will be deemed to have determined to remain on the
Premises, and the Sublease will remain in effect subject to provisions of paragraph (c) below.
Landlord shall be entitled to any condemnation award with respect to its interest in this Sublease
and the Ground Master Lease, and Tenant shall be entitled to any condemnation award with
respect to its interest in this Sublease and dislocation damages.
(c) Continuation with Rent Abatement after Non -material Takin . If less than forty percent
of the square footage of the Premises is taken under the power of eminent domain, or
conveyance in lieu thereof, and if, in Tenant's opinion, the remainder of the Premises is in a
location, or in a form, shape or reduced size that permits Tenant to continue to effectively and
practicably conduct its regular activities on the remaining Premises, this Sublease shall terminate
as the portion of the Premises taken as of the date title to the portion of the Premises being taken
vests in the condemning authority. However, this Sublease shall continue in full force and effect
as to the remaining Premises. From and after the date title to the portion of the Premises being
taken vests in the condemning authority, the Base Rent required to be paid by Tenant shall be
reduced proportionally.
21. SALE BY LANDLORD. If the Landlord's interest in the Ground Master Lease is sold,
Landlord shall be released from any future liability under this Sublease and Tenant shall look
solely to Landlord's successor. Except as set forth in this Section, this Sublease shall not be
affected by any such sale.
22. ESTOPPEL CERTIFICATES. Within ten days of request, Tenant shall deliver to
Landlord or any prospective landlord or mortgagee a statement certifying (a) the Termination
Date; (b) that this Sublease is unmodified except as specified; (c) the date to which Rent has
been paid; (d) that there are no defaults of Landlord's obligations except as specified; and (e)
financial, environmental and other information as reasonably requested.
23. TITLE TO IMPROVEMENTS UPON TERMINATION. Upon the termination of this M
Sublease for any reason whatsoever, Tenant hereby surrenders to Landlord all of Tenant's right,
title and interest in the Improvements, if any, and such right, title and interest shall vest in o~o
Landlord. Such vesting in Landlord shall be self -operative without the need for any further a
documents or instruments, but Tenant shall, upon request, execute and deliver to Landlord such E
documents or instruments as Landlord may reasonably request to confirm the foregoing. No a
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compensation shall be due and payable to Tenant in connection with the transfer of Tenant's
right, title and interest in the Improvements.
24. SURRENDER OF PREMISES. Upon termination of this Sublease, Tenant shall
peaceably and quietly leave, surrender and yield up unto Landlord all of the Premises and
Improvements. The provisions of this Article 24 shall survive the termination of this Sublease,
and Tenant shall be financially responsible for all damages and costs incurred by Landlord if
Tenant fails to comply with its obligations under this provision.
25. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by
fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses
set forth on the Reference Page, as such addresses may be changed by written notice to the other
party in compliance with this Article 25, and shall be deemed given upon delivery or refusal of
delivery.
26. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be
in default with respect to the performance of any of the terms or conditions of this Sublease
when prevented from so doing by a cause beyond their control. This Section shall not apply to
the timely payment of Rent.
27. MISCELLANEOUS.
(a) Headings. The headings herein are for convenience and in no way describe the scope or
intent of any Section.
(b) Indemnification or Insurance of Landlord. Any indemnification or insurance of Landlord
shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates,
employees and ground owner.
(c) Construction. The terms person, Tenant and Landlord or any pronoun used in place
thereof shall include the masculine or feminine, the singular or plural number, individuals, firms,
and corporations according to the context hereof.
(d) Severability. No determination by any court or other governmental authority that any
provision of this Sublease is invalid or unenforceable in any instance shall affect the validity or
enforceability of (i) any other provision of this Sublease, or (ii) such provision of this Sublease in
any circumstance not controlled by such determination. Each provision of this Sublease shall be
valid and enforceable to the fullest extent allowed by, and shall be construed whenever possible
as being consistent with, all applicable laws.
(e) Time. TIME IS OF THE ESSENCE for this Sublease and all of its provisions. Any time M
period which shall end or expire on a Saturday, Sunday or legal holiday shall be deemed
extended to the next day which is not a Saturday, Sunday or legal holiday.
(f) Negotiated Document. This Sublease has been freely negotiated between the parties and C
in any controversy over the interpretation of anything contained herein, there shall be no E
presumption or conclusion drawn against either party by virtue of that party having drafted that
section of the Sublease.
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(g) Limitation of Liability. Tenant shall look solely to Landlord's equity in its interest in the
Property for satisfaction of any judgments or awards.
(h) Entire Agreement. This Sublease represents the entire agreement between the parties as
to the subject matter hereof and supersedes any previous understanding or agreement of the
parties.
(i) Amendment. This Sublease may not be modified except in writing which is duly signed
by the parties.
0) Governing Law. This Sublease and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State of Florida, without regard to its
conflict of laws provisions.
(k) Attorneys' Fees. If any party is required to resort to litigation to enforce its rights under
this Sublease, the parties agree that any judgment awarded to the prevailing party shall include
all litigation expenses of the prevailing party, including (without limitation) actual attorneys'
fees and court costs ("Award"). If the Landlord is the prevailing party, the Award shall be
deemed Additional Rent hereunder and shall be due from Tenant on the first day of the month
following the month in which the Award was determined. If Tenant is the prevailing party, the
Award may be deducted from the next rental payment(s).
(1) Third Party Beneficiary. Ground Master Landlord (and including its successors and
assigns), is a third party beneficiary of this Sublease.
(m) Further Assurances. The parties hereto agree that they will execute such other and
further documents as may be necessary and/or required to effectuate the terms, provisions,
conditions and covenants of this Sublease.
(n) No Partnership. Notwithstanding anything contained herein to the contrary, it is not the
intention of the parties hereto to create under any circumstances a partnership or a joint venture.
The rights, duties, obligations and liabilities of Landlord and Tenant hereunder are separate and
not joint or collective, and nothing herein shall ever be construed to create a partnership or joint
venture under the laws of the State of Florida.
(o) Counterparts. This Sublease may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. Copies (facsimile or original) of signatures to this Sublease shall be deemed to be
originals and shall be binding to the same extent as original signatures.
(p) Recitals Incorporated. The recitals to this Sublease are hereby incorporated and made a M
part of this Sublease.
28. FUEL. During the Term hereof Tenant shall, and shall cause anyone else who uses the
Premises, to purchase from Landlord (and its assigns) all fuel used by planes on the Premises. E
This provision is a material consideration in Landlord's execution of this Sublease.
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29. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any
proceeding brought against each other. Any legal proceedings shall be governed by the laws of
the State in which the Property is located and tried in the court system in such state.
30. NONRESPONSIBILITY OF LANDLORD. There shall be no abatement from or
reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be
entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or
reason therefor. Tenant shall have no claim of any nature whatsoever against Landlord, no
abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial
or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-
conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service,
(b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through
the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks,
fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the
Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any
electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or
negligence of owners or occupants of adjacent or contiguous property, or (f) the making of major
repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or
service therein or thereon or contiguous thereto provided the same shall be made with reasonable
expedition.
31. GROUND MASTER -LEASE; APPROVAL OF GROUND MASTER LANDLORD.
(a) Ground Master Lease. Tenant is cognizant of the terms and conditions of the Ground
Master Lease, and hereby covenants and agrees that its use and occupancy of the Premises
hereunder and .improvements thereon shall be subject to all the provisions of the Ground Master
Lease (as may be amended from time to time) and that it will not do or omit to do or permit to be
done or omitted to be done any act or thing over which Tenant has control if such act, thing or
omission would constitute a breach of any covenant in the Ground Master Lease on the part of
Landlord to be performed and observed. Landlord shall not require the consent of Tenant to
amend the Ground Master Lease, and Tenant hereby waives any right it may have to give any
such consent or consents, provided that such amendment does not reduce the term, impose any
increased material obligation on Tenant or materially diminish any of its rights. Except as
otherwise provided, all of the terms and conditions of the Ground Master Lease shall be
incorporated herein as if Tenant were the tenant thereunder and Landlord were the landlord
thereunder. Tenant hereby indemnifies Landlord against all claims, damages, costs, and
expenses arising out of its nonperformance or nonobservance of any terms of the Ground Master
Lease.
(b) Approval of Ground Master Landlord. The Ground Master Landlord will evidence its
approval of this Sublease by delivery of the Consent attached hereto. Such approval, if granted, M
is further conditioned upon the Tenant complying with all the terms, conditions, rules, M
regulations, and directives issued or adopted with respect to the Property, This Sublease is
subordinate to the terms of the Ground Master Lease.
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32. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by E
those security regulations, policies and procedures (applicable at any time during the Term) c
("Security Policies and Procedures") of the Landlord, the Airport, Federal Aviation a
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Administration, the Transportation Security Administration, or any other applicable
governmental or regulatory body, promulgated from time to time. Tenant shall indemnify,
protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's
mortgagees from time to time against any and all loss, claims and demands made by or arising in
connection with Tenant's failure to comply with any applicable Security Policies and Procedures.
The provisions of this Section shall survive the expiration or earlier termination of this Sublease.
[Remainder of page intentionally left blank;
Signatures begin on following page]
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IN WITNESS WHEREOF, the parties have executed this Sublease as of the Effective Date.
LANDLORD:
Fort Pierce FBO, LLC
WITNESSES: a Florida limited liability company
pertiesf Inc.,
its anagin Member
Name: f ,1
By:
W
Name: hom W. Harrow
Name: Title: Chief Executive Officer
STATE OF f�kff-'('Clu
ss:
COUNTY OF
BEFORE ME, th�eujdersigned authority, personally appeared �, s
PP Properties, Inc., Sale Member of Fort Pierce FBO, LLC, a
Flori limited liabilityany, who is known to me or proven to me by satisfactory
identification, as the person who signed the foregTng instrum nt 4anid acknowle the same
on behalf of the limited liability company on thi day of 2015.\
Notary
My Commission Expires:
lie
1ACKOUf IN R
ODRJGtJEZ
state of Florida
�t f .017
, dly Assn. I
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[SIGNATURE PAGE]
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8.T.1.a
WITNESSES:
CN- "--
ame:
STATE OF Q k, b )
ss:
COUNTY OF Yl� )
TENANT:
Decorus Development LLC
an Ohio limited liability company
BEFORE ME, the undersigned authority, personally appeared tJalme� M • (we-
as _ py e'Okkt of Decorus Development LLC, an Ohio limited liability
company who is known to me or proven to me by satisfactory identification, the person who
signed the foregoing instrument, and acknowledged the same on behalf of the limited liability
company on this _______L day of M , 2015.
Nota ub c
My Commission Expires: t�YJ. 02,20l�
STACEY M. MEYER, Notary PUUft
State of Ohio, Cuyahoga County
My Commission Expires ��
[SIGNATURE PAGE]
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EXHIBIT A
PREMISES
Attached for property identification purposes only — to be replaced by survey of the Premises
when available
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lji
Fri
3139 Jet Center
Terrace
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IR;
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8.T.1.a
EXHIBIT B
ENVIRONMENTAL REQUIREMENTS
Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises
includes any improvements thereon) in compliance with all federal, state and local laws, regulations, and
requirements relating to the discharge of air pollutants, water pollutants or wastewater or otherwise relating to the
environment or "Hazardous Substances" ("Environmental Laws"). The term "Hazardous Substances" means all
hazardous or toxic substances, materials or wastes, including but not limited to, those substances identified as
"hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended from time to time; any oil or petroleum products; asbestos, PCBs; and any substances, materials
or wastes that are or become regulated under Environmental Laws. Tenant shall make reasonable efforts not to use
propane -fueled forklift trucks but if they are used, shall regularly monitor air quality to insure compliance with all
applicable health standards.
Tenant shall give Landlord prompt written notice of any instituted or threatened action, proceeding or claim alleging
a violation of Environmental Laws or Hazardous Substances contamination at or affecting the Property. Tenant
shall also give Landlord prompt written notice of any condition or occurrence at the Property which constitutes a
violation of Environmental Laws or would justify a demand for removal or remediation under Environmental Laws.
Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or
mortgagee a statement certifying: (1) the Hazardous Substances previously used or then in use by Tenant at the
Property; (2) that Tenant has obtained and maintained in full force and effect all permits and approvals required
under Environmental Laws for the conduct of Tenant's business at the Property and providing copies of those
permits and approvals; (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the
Property that could form the basis for cleanup, remedial, removal or restoration work under Environmental Laws;
and (4) such other environmental or related information as reasonably requested.
If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property
caused or permitted by Tenant results in contamination of the Property or increases Landlord's cost of renovating
and/or repairing the Property, or if contamination of the Property by Hazardous Substances otherwise occurs for
which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors,
shareholders, employees and trustees or its agents harmless from and against any and all claims, judgments,
damages, penalties, fines, costs, liabilities or losses (including, without limitations, diminution in value of Property
and sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) which arise before
or after the Sublease termination as a result of such contamination. This indemnification of Landlord by Tenant
includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup,
remedial, removal or restoration work required by any federal, state or local government agency or political
subdivision or private party.
Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by
Tenant results in any contamination of the Property, Tenant, at its sole expense, shall promptly take all actions
necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Substances
to the Property.
Landlord shall not cause or intentionally allow the presence of Hazardous Substances in the Premises that would be
in violation of Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, V
partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages,
penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in the Premises if
caused by Landlord, its employees, agents or contractors. This indemnification of Tenant by Landlord includes,
without limitation, costs in connection with any investigation of site condition on any cleanup, remedial, removal or
restoration work required by any federal, state or local government agency or political subdivision or private party. f°
H
The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Sublease. ono
Landlord and its agents shall have the right, but not the duty, to inspect the Property at any time to determine
a�
whether Tenant is complying with the terms of this Sublease. E
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EXHIBIT C
SCHEDULE OF IMPROVEMENTS RENT
Tenant is leasing the Improvements identified as 3139 Jet Center Terrace, Ft. Pierce, Florida
pursuant to the schedule of payments set forth on this Exhibit C.
1, Tenant shall make an initial improvements rent payment of $10,000 to Landlord upon
execution and delivery of the Sublease to which this Exhibit C is attached but in no event later
than April _, 2015.
2. Tenant shall make subsequent improvements rent payments to Landlord of $10,000 per
payment on or before each of June 1, August I and October 1, 2015.
3. Tenant shall make a final improvements rent payment to Landlord of $115,000 on or
before December 1, 2015,
4. Tenant shall have the right, at any time and without penalty, to prepay all or any portion
of the improvements rent payments. Any such prepayment will be credited to the remaining
improvements rent payments.
5. The failure of Tenant to timely make any payment required by this Schedule C shall
constitute a default under the Sublease and Landlord shall have all rights and remedies set forth
in the Sublease for a default by Tenant. In no event will Tenant be entitled to any refund or
repayment of improvements rent if the Sublease terminates for any reason. In addition, Tenant
shall be fully responsible for all costs incurred by Landlord in retaking possession and curing any
default of Tenant.
Tenant's initials:
Landlord's initials:
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EXHIBIT D
FORM OF BILL OF SALE
BILL OF SALE
This BILL OF SALE (`Bill of Sale") is made and entered into as of the day of
, 201_, by and between FORT PIERCE FBO LLC, a Florida limited liability company
("Seller"), and DECORUS DEVELOPMENT LLC, an Ohio limited liability company
("Purchaser").
This Bill of Sale is made with reference to the following facts:
(a) Seller is the owner in fee simple absolute of two certain buildings and all rights
and appurtenances thereunto pertaining, located at the St. Lucie County International Airport and
more particularly described on Exhibit A hereto, and more commonly known as 3139 Jet Center
Terrace, Fort Pierce, Florida 34946 (the "Building").
(b) Seller is the lessee under a Second Amended and Restated Lease Agreement dated
May 16, 2008 (as the same has been and may hereafter be amended or modified, the "Ground
Lease") with St. Lucie County, Florida of the land beneath the Building located at the St. Lucie
County International Airport, Seller having acquired its interest in the Ground Lease by an
Assignment and Assumption Agreement dated as of January 18, 2011 from Treasure Coast FBO,
LLC, as assignor, to Seller, as assignee.
(c) Seller desires to convey, and Purchaser desires to accept, all of Seller's right, title,
interest and estate in and to the Building.
NOW, THEREFORE, in consideration of these premises and the mutual provisions set
forth in this Bill of Sale, and for other good and valuable consideration, the receipt and
sufficiency of which hereby are acknowledged, Seller does hereby sell, assign, convey, transfer,
set over and deliver unto Purchaser all of Seller's right, title and interest in the Building, together
with non-exclusive use of driveways, parking areas, ramps and taxiways appurtenant to the
Building.
The Building is being sold "AS IS, WHERE IS, WITH ALL FAULTS" and with no
representations of any kind. ALL WARRANTIES OF QUALITY, FITNESS AND
MERCHANTABILITY ARE HEREBY EXPRESSLY EXCLUDED.
TO HAVE AND TO HOLD the same unto Purchaser and its successors and assigns for
the term of the Ground Lease.
This Bill of Sale is intended to be performed in and shall be governed by and construed in M
accordance with the laws of the State of Florida, without regard to conflicts of laws principles.
This Bill of Sale may be executed simultaneously in one or more counterparts, each of co
which shall be deemed to be an original, and all of which together shall constitute one and the a)
same instrument.
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8.T.1.a
PURCHASER:
Decorus Development LLC, an Ohio limited liability
company
By:
Name:
Title:
Signed, sealed and delivered in the presence of:
Print Name:
Print Name:
STATE OF )
ss:
CITY/COUNTY OF )
On the day of , 201_, before me, the undersigned, a Notary Public
the aforesaid jurisdiction, personally appeared , personally known to me or
proven to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument, and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person on behalf of which the
individual acted, executed the instrument.
WITNESS my hand and notarial seal the day and year first hercinabove written.
My Commission Expires:
Notary Public
[SEAL]
s:
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8.T.1.a
EXHIBIT A G
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LEGAL DESCRIPTIONS OF BUILDING
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8.T.1.a
CONSENT OF GROUND MASTER LANDLORD
Ground Master Landlord hereby consents to this Sublease and all terms and provisions
hereof and represents to Landlord and Tenant that to Ground Master Landlord's actual
knowledge (a) the Ground Master Lease is in full force and effect; (b) neither Ground Master
Landlord nor Landlord is in default under any of the terms, covenants, or provisions of the
Ground Master Lease (it being acknowledged that Landlord operates a full service FBO on the
Airport on land covered by a separate ground lease, but that such FBO operation by Landlord
satisfies the requirements set forth under the Ground Master Lease); (c) no event has occurred
and no condition exists which, with the passage of time or the giving of notice or both, would
constitute a default by Ground Master Ground Landlord or Landlord under the Ground Master
Lease; (d) the party executing this Consent on behalf of Ground Master Landlord has the
authority to consent to this Sublease; and (e) the Ground Master Lease has not been assigned,
modified, or amended in any manner, except as follows: Assignment and Assumption of Ground
Lease dated January 18, 2011, by and between Master Ground Landlord, Treasure Coast FBO,
LLC, as assignor and Landlord, as assignee; Assignment and Assumption Agreement by and
between Air Charter of Florida, Inc. and Treasure Coast FBO, LLC recorded May 21, 2008 in
O.R. Book 2976, Page 134, Public Records of St. Lucie County, Florida ("Public Records") and
Second Amended and Restated Lease Agreement, evidenced by Memorandum of Lease recorded
May 21, 2008 in O.R. Book 2976, Page 119 of the Public Records; Amended and Restated Lease
Agreement recorded January 27, 2003 in O.R. Book 1648, Page 1857 of the Public Records; and
Lease Agreement dated March 12, 1992 by and between Ground Master Landlord, as successor
in interest to the St. Lucie County Port and Airport Authority, as landlord and Air Charter of
Florida, Inc. recorded March 18, 1992 in O.R. Book 780, Page 2329 of the Public Records.
Landlord recognizes this Sublease and agrees that (i) neither Tenant's right of possession to the
Premises nor Tenant's rights under this Sublease shall be affected or disturbed by Ground Master
Landlord, and (ii) Tenant shall not be deprived of its rights under this Sublease for any reason so
long as no event has occurred and then continues to exist for such period of time (after any notice
required by this Sublease) as would entitle Landlord to terminate this Sublease.
IN WITNESS WHEREOF, Ground Master Landlord has executed this Consent as of this
day of , 2015.
WITNESS:
Deputy Clerk
GROUND MASTER LANDLORD:
St. Lucie County, Florida
By: M
Name:
Title:
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APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
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8.T.1.a
STATE OF FLORIDA )
) SS:
COUNTY OF ST. LUCIE )
BEFORE ME, the undersigned authority, personally appeared
, as Chairman of the Board of County Commissioners, St. Lucie County, a political
subdivision of the State of Florida, who is known to me or proven to me by satisfactory
identification, the person who signed the foregoing instrument, and acknowledged the same on
behalf of the subdivision on this day of , 2015.
Notary Public
My Commission Expires:
s:
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10.A.1
ITEM NO. (ID # 3216)
TO:
PRESENTED BY:
SUBMITTED BY:
ci miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE
01/26/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
Verada Ditch Improvement Project - Settlement Agreement
The County contracted with Miller Legg & Associates, Inc. ("Miller Legg") to provide professional
surveying and civil engineering services including geotechnical services, for a project known as the Verada
Ditch Project. Miller Legg subcontracted with Anderson -Andre Consulting Engineers, Inc. ("Anderson -
Andre") for geotechnical engineering. The County contracted with Dunkelberger Engineering & Testing,
Inc. ("Dunkelberger") for construction inspection and oversight engineering, including geotechnical
engineering consultation, constructability review and construction materials testing. The County also
contracted with Ranger Construction Company ("Ranger") to construct a phase of the Project.
Unfortunately, the Project experienced significant slope failures during storm conditions, which require
remediation. The County retained an independent firm to analyze the cause of the failures. The
independent firm determined that the failures were caused predominately by the failure of Miller Legg,
Anderson -Andre and Dunkelberger to meet the standard of care exercised by members of the profession
under similar circumstances. The independent firm also determined that Ranger was partially responsible
for this failure. All of the engineering parties have professional liability policies. Ranger carries
Commercial General Liability coverage and a performance bond was posted for the Project.
On September 3, 2013, the Board authorized suit to be filed against Miller Legg. On July 7, 2015, the
Board authorized suit to be filed against Anderson -Andre and Dunkelberger. Suit is currently pending
against all of the engineering parties. The County withheld suing Ranger as Ranger was engaged in good -
faith negotiations with the County to resolve its portion of the dispute.
Litigation/Settlement Discussion:
The County has taken great efforts to attempt to resolve this matter. The County has attended mediation
sessions with the parties on three (3) occasions. The most recent mediation session was held on October
6, 2015. At the October 6 mediation, the parties reached a tentative settlement subject to Board
approval. The parties agreed to leave the settlement open for sixty (60) days while the parties continued
to negotiate the details and terms. A summary of the settlement terms follows:
Packet Pg. 235
10.A.1
Ranger will agree to repair the failed areas at a fixed cost of $1,575,000.00 plus the cost of anchors
as installed. The County will pay the cost of the anchors (competitive price quotes received) plus a
reasonable mark-up to Ranger for the associated general contractor services (anticipated price
depends on number of anchors up to 550, with a maximum price of $119,037.00). The
independent firm has estimated the value of the repair work is $1,925,000.00. The independent
firm based its analysis on recent bids of similar work.
The County and Miller Legg/Anderson-Andre agreed on a settlement option with the County
agreeing to accept $1,500,000.00 subject to Board approval; and Miller Legg/Anderson-Andre
agreeing to accept $1,100,000.00. The mediator was attempting to achieve a settlement at the
mid -point of $1,300,000.00. Unfortunately, the County was recently notified that the carriers did
not approve the mediation settlement option.
Dunkelberger will pay the County a total of $325,000.00 toward the cost of the repair.
Suit against Dunkelberger will be dismissed with prejudice.
Each party will bear its own attorney's fees and costs.
The original intent of this settlement was to reach a global resolution with all potentially responsible
parties related to the Verada Ditch Failures, and to perfect expedited repairs. Unfortunately, without
consent of the carriers for Miller Legg/Anderson-Andre a global resolution is not possible at this time.
County staff believes that it is essential that repairs should commence in January of 2016 and reach
completion before the hurricane season, which normally commences in June, 2016.
As this proposed settlement with Ranger involves the repair of an existing public facility, a project for
which Ranger was originally competitively procured, the resolution complies with Florida's competitive
procurement rules. Section 255.20(1)(c)(5) of the Florida Statutes allows for direction negotiation of
construction services for repair of an existing public facility. "Repair" is defined by statute as "a corrective
action to restore an existing public facility to a safe and functional condition." This is the exact work
scope contemplated by the proposed settlement agreement, and such repairs should be expedited to
prevent potential impacts to adjacent private land and to maintain in full operational capacity an essential
government service, i.e., this major drainage and conveyance system. An independent engineering firm
has confirmed through independent estimates and market pricing from trade contractors that the
settlement cost for the repair work is fair and reasonable, and comes at a discount to current open
market conditions. The cost savings to the County exceeds the fair range of exposure of Ranger, as the
failures predominantly arose from engineering issues. In addition because of the need to complete
construction of the repair work before hurricane season, staff recommends that the Board declare an
emergency, waive the bid requirement and award the repair contract to Ranger.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funding for the repair work to be performed by Ranger is available in Account No. 101003-4115-546200-
123606 (Transportation Trust/Local Option - Verada Ditch Project).
Updated: 1/14/20164:05 PM by Katrina Slay Page 2
Packet Pg. 236
10.A.1
RECOMMENDATION:
Staff recommends that the Board:
Authorize a letter to be sent to the carriers for Miller Legg/Anderson-Andre to include a
settlement demand of $1,300,000.00 and direct staff to proceed to trial in the absence of a
settlement.
Accept the Dunkelberger settlement offer set out above and dismiss Dunkelberger out of the
lawsuit.
For the reasons set out above, declare an emergency, waive the bid requirements and approve
the Settlement Agreement with Ranger authorizing Ranger to immediately repair the failed
areas at a fixed cost of $1,575,000.00 plus the cost of anchors (up to $119,037.00).
COMMISSION ACTION:
Coordination/Signatures
Danie s. McIntyre, Co my ttorney 1/15/2016
Updated: 1/14/20164:05 PM by Katrina Slay Page 3
Packet Pg. 237
10.A.1.a
SETTLEMENT AGREEMENT
The parties to this Settlement Agreement, St. Lucie County, a political subdivision of the
State of Florida (hereinafter "SLC") and Ranger Construction Industries, Inc., a Florida
licensed contractor, License No. CUC056779 (hereinafter "Ranger"), hereby agree to the
following terms and conditions:
RECITALS
WHEREAS, on or about March 24, 2009, SLC and Ranger entered into an emergency
construction contract whereby Ranger agreed to construct certain improvements to a drainage
conveyance system in the County known as the Verada Ditch (hereinafter "Verada Ditch
Emergency Contract"); and
WHEREAS, after construction, the Verada Ditch drainage conveyance system
experienced certain failures during and after certain storm events; and
WHEREAS, Verada Ditch requires remediation to restore the drainage conveyance
system; and
WHEREAS, the parties dispute the causes of failure but have reached an accord, without
admission of any liability by any party, as to certain remediation measures necessary for the
Verada Ditch.
WHEREAS, the parties have contemporaneously executed that certain Construction
Contract for remediation of Verada Ditch, which is attached hereto as "Exhibit A" (hereinafter
"Construction Contract").
AGREEMENT
NOW, THEREFORE, the parties settle all disputes by and between them, for good and
valuable consideration, the receipt of which is acknowledged, on the following terms and
conditions:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein
and are made an integral part hereof.
2. Settlement Repair Work. Ranger shall perform all work and services required
by and in accordance with that Construction Contract attached hereto as Exhibit "A". SLC shall
perform all owner -required obligations as set forth in the Construction Contract, including
payment.
3. Resolution of All Claims. The Parties intend this Agreement to resolve all
Claims (as hereinafter defined) between the Parties. The Parties enter into this Agreement a
merely as an accommodation and compromise of disputed claims. The Parties do not admit to or
concede any fault or breach of any duty, contractual or otherwise, in connection with the dispute
giving rise to this Agreement. Furthermore, the Parties acknowledge that the Parties all hold
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10.A.1.a
current beliefs which ultimately could prove to be different from the actual existing or future
facts, but in no event shall change or modify their intent to resolve all Claims. The Parties
acknowledge they were not relying on any representation by any other Party when entering into
this Agreement.
4. Release by SLC. Upon full execution of this Agreement, SLC does hereby
remise, release, quit, satisfy and forever discharge Ranger and its respective officers, directors,
shareholders, subsidiaries, parent corporations, affiliated corporations, members, partners, surety,
agents, employees and assigns (hereinafter, the "Ranger Releasees"), of and from any and all
actions, causes of action, suits, debts, liabilities, claims, liens, claims of lien, demands, damages,
costs, losses or expenses of any nature whatsoever, including, without limitation, attorneys' fees,
experts' and/or consultants' fees and or expenses of litigation (collectively, "Claims"), which
SLC now has, may have had or may in the future have against the Ranger Releasees which in
any way arise out of, relate to or pertain to the Verada Ditch Emergency Contract.
Notwithstanding the foregoing, SLC does not release any claims and expressly reserves the
ability to enforce the terms of this Agreement and the Construction Contract.
5. Release by Ranger. Upon full execution of this Agreement, Ranger, and its
respective officers, directors, shareholders, subsidiaries, parent corporations, affiliated
corporations, members, partners, agents, employees and assigns, do hereby remise, release, quit,
satisfy and forever discharge SLC and its board members, employees, agents and representatives
(hereinafter, the "SLC Releasees"), of and from any and all actions, causes of action, suits,
debts, liabilities, claims, liens, claims of lien, demands, damages, costs, losses or expenses of any
nature whatsoever, including, without limitation, attorneys' fees, experts' and/or consultants'
fees and or expenses of litigation (collectively, "Claims"), which Ranger now has, may have had
or may in the future have against the SLC Releasees which in any way arise out of, relate to or
pertain to the Verada Ditch Emergency Contract. Notwithstanding the foregoing, Ranger does
not release any claims and expressly reserves the ability to enforce the terms of this Agreement
and the Construction Contract.
6. Cooperation. The Parties shall execute in good faith such other and further
documents as may be required to effectuate the terms of this Agreement.
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7. Waivers; Amendments. No provision of this Agreement shall be waived, vn
amended or supplemented except by a written instrument executed by all Parties.
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8. Participation. Each Party has participated fully in the negotiation and L
preparation of this Agreement and Construction Contract with full benefit of counsel. a
Accordingly, neither this Agreement nor the Construction Contract shall be more strictly c
construed against any of the Parties, and shall be interpreted as if the Parties hereto jointly E
prepared it.
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9. Time Periods. Time is of the essence in this Agreement.
10. Venue. In the event of litigation arising out of this Agreement, the Parties agree c
that the exclusive venue for the prosecution of any state court proceedings shall be St. Lucie
County, Florida. E
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11. Headings. The headings contained in this Agreement are included solely for the
convenience of the Parties hereto and are not part of this Agreement.
12. Severability. In case any one or more of the provisions contained in this
Agreement should be invalid, illegal or unenforceable in any respect, no Party shall be required
to comply with such provision for so long as such provision is held to be invalid, illegal or
unenforceable and the validity, legality and enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired; provided, however, that this entire
Agreement shall be null and unenforceable if any Party does not obtain the benefit of all releases
provided for herein. The Parties shall endeavor in good faith to negotiate to replace the invalid,
illegal and unenforceable provisions with valid provisions, the effect of which shall come as
close as possible to that of the invalid, illegal or unenforceable revisions.
13. Entire Agreement. This Agreement and Construction Contract constitute the
entire agreement between the Parties hereto and there are no oral or written understandings,
representations or commitments of any kind, express or implied, which are not expressly set
forth herein. This Agreement may only be modified in writing signed by all Parties.
14. Governing Law. This Agreement shall be governed by and be construed and
interpreted in accordance with the law of the State of Florida without giving effect to such
jurisdiction's conflict of laws principles.
15. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be an original, but such counterparts shall
together constitute but one and the same instrument.
16. Authority. The individuals executing this Agreement on behalf of the Parties
warrant and represent that they have the authority and authorization to enter into this Agreement
and to fully bind the entity, on whose behalf they are executing this Agreement, to the terms of
this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first set forth below.
[SIGNATURE PAGE BEGINS ON NEXT PAGE]
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10.A.1.a
STATE OF FLORIDA
COUNTY OF
}
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}
RANGER CONSTRUCTION COMPANY
Signature
Printed Name
As Its
Date
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
, who is personally known to me or produced the
following identification: , who did/did not take an oath, and who
executed the foregoing Settlement Agreement, and then and there before me acknowledged that
he/she executed the same for the purpose herein expressed.
WITNESS my hand and Official Seal in the State and County aforesaid on this
day of January 2015.
(SEAL)
Notary Public, State of
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10.A.1.a
STATE OF FLORIDA }
} ss:
COUNTY OF ST. LUCIE }
ST. LUCIE COUNTY
Signature
Printed Name
As Its
Date
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
, who is personally known to me, who did/did not take
an oath, and who executed the foregoing Settlement Agreement, and then and there before me
acknowledged that he/she executed the same for the purpose herein expressed.
WITNESS my hand and Official Seal in the State and County aforesaid on this
day of January 2015.
(SEAL)
Notary Public, State of
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10.A.2
ITEM NO. RES-2016-13
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 01/26/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
Resolution - Capital Improvement Revenue Bonds, Series 2016A
The County's financial advisor, Jay Glover of Public Financial Management ("PFM") distributed a request
for proposals to identify a lending institution that could provide the County with a fixed rate, 15 year term
loan at the lowest overall borrowing cost and terms most favorable to the County in order to finance the
cost of certain capital improvements related to the jail security system. The County received four (4)
proposals from the following firms: Pinnacle Public Finance, Capital One, Center State and U.S. Bank. A
summary of the proposals prepared by PFM is attached. PFM recommends selecting Pinnacle Public
Finance as the loan provider for the 2016 Bond based on interest rate and favorable terms provided in
their proposal. A copy of a memorandum dated January 13, 2016 from Mr. Glover is attached.
Attached to the memorandum is a copy of a Bond Resolution and Loan Agreement prepared by Nabors
Giblin & Nickerson, the County's bond counsel, which provides for issuance of capital improvement
revenue bonds secured by the County's covenant to budget and appropriate and sets forth the general
terms, conditions and covenants applicable to these bonds.
PREVIOUS ACTION:
On December 15, 2015, the Board awarded Bid No. 15-073 to Accurate Controls, Inc. in the amount of
$3,288,722.00 and the allocation of a 10% contingency amount of $328,872.20. The Board approved the
use of the County's Emergency Reserves as a funding source until a loan is established.
FINANCIAL IMPACT:
Based on the $3,340,000.00 estimate par amount (including cost of issuing the loan), interest rate of
2.60% and 15 year term of the financing, the annual debt service payments will be approximately
$277,000.00.
Packet Pg. 243
10.A.2
Staff recommends that the Board approve the Bond Resolution and Loan Agreement and authorize the
Chairman to sign the Resolution and Loan Agreement as reviewed and approved by the County Attorney
and the County's Bond Counsel.
COMMISSION ACTION:
Coordination/Signatures
Danie S. McIntyre, Co,6nty ttorney 1/22/2016
Updated: 1/19/2016 9:40 AM by Stephanie Bush Page 2
Packet Pg. 244
10.A.2.a
St. Lucie County
Capital Improvement Revenue Bond, Series 2016A (Jail Security System)
Summary of Proposals
Proposal Requirements
Capital One
CenterState
US 13� 1,
Jacqueline Bretz
Jarrod Trefelner
Blair Swain
Denise Beauchamp
Assistant Vice President
Vice President
Vice President, Direct
Vice President
5001 Okeechobee Rd
8377 E Hartford Drive, Suite 115
Contact Information
Fort Pierce, FL 34947
Scottsdale, Arizona 85255
0: (866) 617-2337
0: (772) 201-4991
0: (480) 419-3634
0: (904) 284-3520
Jaci.bretz@Capitalone.com
jtrefelner@centerstatebank.com
bswain@ppf-inc.com
denise.beauchamp@usbank.com
Final Maturity
10/1/2030
10/1/2030
10/1/2030
10/1/2030
Tax Exempt Fixed
Option 1 - Indicative: 2.91%
Interest Rate
Fixed: 2.98%
Option 2 - Indicative: 3.30%
Fixed: 2.60%
Fixed: 2.646%
Option 3 - Indicative: 3.04%
Calculation
N/A
80% of the 15-year Hedge Rate (quoted by
N/A
N/A
CenterState Bank) + 1.15% Spread
Rate Locked to Closing,
Rate valid provided that COPF and the County have
Rate can be locked upon execution of a forward rate
Valid for forty-five (45) days
Interest Rate Expires February 27, 2016
or Date to be set
funded the transaction by February 8, 2016
lock agreement
Option 1 - Break Funding Call (Proposal pg. 2, items
1, 2, 5)
Prepayment Penalty
Prepayable after the Sth year in full but not in part at par
Option 2 - Callable after 5th year (Proposal pg. 2,
Prepayable after 10/1/2021 in full but not in part at pax
Prepayable on any payment date at the lessor of standard
items 1, 2, 3, 5)
make whole provision or 103% of outstanding balance
Option 3 - Callable after loth year (Proposal pg. 2,
items 1, 2, 4, 5)
Legal/Other Fees
No Fees by COPF
$7,000
$5,000
N/A
(i) Bonds must be called on an interest payment date and
(i) Forward rate lock would be subject to "break
(i) Assumed the loan will fund on or about January 29,
(i) Standard USBGLF provisions pertaining to events of
COPF must be given minimum 30 days notice
funding provision"
2016
default and remedies available upon default
(ii) COPF may require and request: audited & unaudited
(ii) All partial prepayments are applied to outstanding
(ii) Gross up provision in the event the loan becomes
(ii) Funds will be deposited into a no fee US Bank escrow
financial statements, budgets, tax base details and other
principal, at time of prepayment the loan will be re-
taxable due to actions or inactions of the County. Taxable
account at closing
reasonably and customary information relevant to the
amortized to schedule maturity based on a 30/360
rate of interest would become 4.00%
(in) If funding over $5 MM a tax opinion will be required
County's credit quality
day schedule
(iii) Default rate of 6%, if deemed taxable 7%
(iv) Proposal conditioned on there being no material
(iii) Proposal shall expire if not accepted by January 15,
(in) Default rate: WSJ prime plus 4.0%
(iv) Minimum 1.20x coverage requirement in ABT
adverse change in the financial condition of the Borrower
2016 by the County
(iv) County must provide a copy of its CAFR within
(v) Assumes loan proceeds will be deposited with a third -
(v) In order to proceed please complete the Essential Use
180 days of FYE and Budget within 60 days of
party escrow provider who will manage the funds during
Application and return along with a link to 3 most recent
adoption
the construction period
CAFRs
Other Conditions
(v) Prior to issuing additional debt must comply with
(vi) Must agree to provide Pinnacle with CAFR within
Anti dilution test
210 days of FYE along with other reasonably requested
(vi) Upon request of Bank, Borrower shall provide a
documents
no default and covenant compliance certificate
(vii) Subject to final credit approval
(vii) Interest rate shall be adjusted to provide the
Bank with the same after-tax yield if there is a
determination of taxability with respect to the Loan
as a result of any action of inaction of the Borrower
(viu) Remedy for default shall include but not limited
to acceleration
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10.A.2.b
The PFM Group
Public Financial Management, Inc.
PFM Asset Management LLC
PFM Advisors
Memorandum
To: Howard Tipton, County Administrator
Lincoln Plaza
Suite 1170
300 S. Orange Avenue
Orlando, FL
32801-3470
407-648-2208
407-648-1323 fax
www.pfm.com
January 13, 2016
Dan McIntyre, County Attorney
Asheley Hepburn, Director, Office of Management & Budget
From: Jay Glover, Public Financial Management
Re: Capital Improvement Revenue Bonds, Series 2016 Qail Security System) — Recommendation
Memo
At the County's direction, Public Financial Management (PFM) distributed a request for proposals
to identify the lending institution that could provide the County with a fixed rate, 15 year term loan
at the lowest overall borrowing cost and terms most favorable to the County in order to finance the
cost of certain capital improvements related to the County's jail security system. Prior to the
submittal deadline Qanuary 7, 2016) the County received four (4) proposals from the following
firms: Capital One, CenterState Bank, Pinnacle Public Finance and US Bank. A summary of each
proposal is included as Exhibit A.
Based on PFM's review and discussions with County staff and Bond Counsel, it was determined that
Pinnacle Public Finance provided the lowest interest rate and terms most favorable to the County.
The proposed interest rate of 2.60% is fixed through maturity of the loan and will be held until
closing on January 29, 2016 thus eliminating any risk associated with rising interest rates between
now and the closing date. Pinnacle Public Finance also provides the County the flexibility to
optionally prepay the loan in whole beginning October 1, 2021 without penalty. By accepting the
proposal of Pinnacle Public Finance and issuing the Capital Improvement Revenue Bonds, Series
2016 (the "2016 Bond"), the County will lock in an attractive interest of 2.60% for 15 years while
still maintaining flexibility for optional prepayment in the future. The estimated annual debt service
on the 2016 Bond will be approximately $277,000 through final maturity of October 1, 2030. PFM
recommends selecting Pinnacle Public Finance as the loan provider for the 2016 Bond based on the
interest rate and favorable terms provided in their proposal.
Packet Pg. 246
St. Lucie County
Capital Improvement Revenue Bond, Series 2016 (Jail Security System)
Summary of Proposals
Proposal Requirements
Jacqueline Bretz
Jarrod Trefelner
Blair Swain
Denise Beauchamp
Assistant Vice President
Vice President
Vice President, Direct
Vice President
5001 Okeechobee Rd
8377 E Hartford Drive, Suite 115
Contact Information
Fort Pierce, FL 34947
Scottsdale, Arizona 85255
0: (866) 617-2337
0: (772) 201-4991
0: (480) 419-3634
0: (904) 284-3520
Jaci.bretz@Capitalone.com
jtrefelner@centerstatebank.com
bswain@ppf-inc.com
denise.beauchamp@usbank.com
Final Maturity
10/1/2030
10/1/2030
10/1/2030
10/1/2030
Tax Exempt Fixed
Option 1 - Indicative: 2.91%
Interest Rate
Fixed: 2.98%
Option 2 - Indicative: 3.30%
Fixed: 2.60%
Fixed: 2.646%
Option 3 - Indicative: 3.04%
Calculation
N/A
80% of the 15-year Hedge Rate (quoted by
N/A
N/A
CenterState Bank) + 1.15 % Spread
Rate Locked to Closing,
Rate valid provided that COPF and the County have
Rate can be locked upon execution of a forward rate
Valid for forty-five (45) days
Interest Rate Expires February 27, 2016
or Date to be set
funded the transaction by February 8, 2016
lock agreement
Option 1 - Break Funding Call (Proposal pg. 2, items
1, 2, 5)
Prepayment Penalty
Prepayable after the Sth year in full but not in part at par
Option 2 - Callable after 5th year (Proposal pg. 2,
Prepayable after 10/1/2021 in full but not in part at par
Prepayable on any payment date at the lessor of standard
items 1, 2, 3, 5)
make whole provision or 103% of outstanding balance
Option 3 - Callable after 10th year (Proposal pg. 2,
items 1, 2, 4, 5
Legal/Other Fees
No Fees by COPF
$7,000
$5,000
N/A
(i) Bonds must be called on an interest payment date and
(i) Forward rate lock would be subject to "break
(i) Assumed the loan will fund on or about January 29,
(i) Standard USBGLF provisions pertaining to events of
COPF must be given minimum 30 days notice
funding provision"
2016
default and remedies available upon default
(ii) COPF may require and request: audited & unaudited
(ii) All partial prepayments are applied to outstanding
(ii) Gross up provision in the event the loan becomes
(ii) Funds will be deposited into a no fee US Bank escrow
financial statements, budgets, tax base details and other
principal, at time of prepayment the loan will be re-
taxable due to actions or inactions of the County. Taxable
account at closing
reasonably and customary information relevant to the
amortized to schedule maturity based on a 30/360 day
rate of interest would become 4.00 %
(iil) If funding over $5 MM a tax opinion will be required
County's credit quality
schedule
(iii) Default rate of 6%, if deemed taxable 7%
(iv) Proposal conditioned on there being no material
(iil) Proposal shall expire if not accepted by January 15,
(iu) Default rate: WSJ prime plus 4.0 %
(iv) Minimum 1.20x coverage requirement in ABT
adverse change in the financial condition of the Borrower
2016 by the County
(iv) County must provide a copy of its CAFR within
(v) Assumes loan proceeds will be deposited with a third -
(v) In order to proceed please complete the Essential Use
180 days of FYE and Budget within 60 days of
party escrow provider who will manage the funds during
Application and return along with a link to 3 most recent
adoption
the construction period
CAFRs
Other Conditions
(v) Prior to issuing additional debt must comply with
(vi) Must agree to provide Pinnacle with CAFR within 210
Anti dilution test
days of FYE along with other reasonably requested
(vi) Upon request of Bank, Borrower shall provide a
documents
no default and covenant compliance certificate
(vii) Subject to final credit approval
(vii) Interest rate shall be adjusted to provide the Bank
with the same after-tax yield if there is a determination
of taxability with respect to the Loan as a result of any
action of inaction of the Borrower
(viii) Remedy for default shall include but not limited
to acceleration
Attach ment10.A.2.b: PFM Recommendation Memo 01-13-16 and 2016 Bank RFP Response Summary (RES-2016-13 : Capital Improvement
10.A.2.c
LOAN AGREEMENT
between
ST. LUCIE COUNTY, FLORIDA
and
PINNACLE PUBLIC FINANCE, INC.
Dated as of January 29, 2016
NGN Draft No.2 1/18/16
016.13
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10.A.2.c
TABLE OF CONTENTS
Page
SECTION 1.
DEFINITIONS................................................................................................. 1
SECTION 2.
INTERPRETATION........................................................................................
4
SECTION 3.
THE LOAN......................................................................................................
4
SECTION 4.
DESCRIPTION OF BOND.............................................................................
5
SECTION 5.
EXECUTION OF BOND................................................................................
5
SECTION 6.
REGISTRATION AND TRANSFER OF BOND ...........................................
5
SECTION. 7.
BOND MUTILATED, DESTROYED, STOLEN OR LOST .........................
6
SECTION8.
FORM OF BOND............................................................................................
6
SECTION 9
SECURITY FOR BOND; BOND NOT DEBT OF THE COUNTY ..............
6
SECTION 10.
COVENANTS OF THE COUNTY.................................................................
7
SECTION 11.
APPLICATION OF BOND PROCEEDS .....................................................
10
SECTION 12.
CONDITIONS PRECEDENT......................................................................
10
SECTION 13.
REPRESENTATIONS AND WARRANTIES .............................................
11
SECTION 14.
TAX COMPLIANCE....................................................................................
12
SECTION 15.
NOTICES.......................................................................................................
12
SECTION 16.
EVENTS OF DEFAULT DEFINED.............................................................
12
SECTION 17.
REMEDIES....................................................................................................
13
SECTION 18.
NO RECOURSE............................................................................................
14
SECTION 19.
PAYMENTS DUE ON SATURDAYS, SUNDAYS AND
HOLIDAYS...................................................................................................
14
SECTION 20.
DEFAULT RATE..........................................................................................
14
SECTION21.
DEFEASANCE..............................................................................................
14
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10.A.2.c
TABLE OF CONTENTS
(continued)
Page
SECTION 22.
WAIVER OF JURY TRIAL..........................................................................
14
SECTION 23.
AMENDMENTS, CHANGES AND MODIFICATIONS ............................
14
SECTION 24.
BINDING EFFECT.......................................................................................
14
SECTION 25.
SEVERABILITY...........................................................................................
14
SECTION 26.
EXECUTION IN COUNTERPARTS...........................................................
15
SECTION 27.
APPLICABLE LAW.....................................................................................
15
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10.A.2.c
This LOAN AGREEMENT made and entered as of January 29, 2016, by and between
ST. LUCIE COUNTY, FLORIDA (the "County") and PINNACLE PUBLIC FINANCE, INC.
(the "Lender").
WITNESSETH
WHEREAS, the County has determined that it is necessary, desirable and in the best
interests of the County and its inhabitants that the County issue $3,320,000 in aggregate principal
amount of its Capital Improvement Revenue Bonds, Series 2016 (the 'Bonds" or the 'Bond"),
for the principal purpose of financing certain capital improvements related to the security control
system at the County jail (the "Project").
WHEREAS, the County has determined that it is without adequate currently available
funds to finance the Project and it is necessary that funds be made immediately available to the
County in order to finance the Project.
WHEREAS, the County has determined that it is in its best interest to accept the proposal
of the Lender as set out herein.
WHEREAS, the Lender has agreed to lend the County the aggregate principal amount of
$3,320,000 in return for the Bond.
WHEREAS, the County has determined that it is in the best interest of the health, safety,
and welfare of the County and the inhabitants thereof that the County covenant to budget and
appropriate from its Non -Ad Valorem Revenues amounts sufficient to repay the principal of and
interest on the Bond when due, as provided herein.
WHEREAS, the Bond shall not constitute a general obligation or indebtedness of the
County as a "bond" within the meaning of any provision of the Constitution of the State, but
shall be and is hereby declared to be a special, limited obligation of the County, the principal of
and interest on which is payable solely from the Pledged Funds in the manner provided herein,
and the principal of and interest on the Bond and all other payments provided for herein will be
paid solely from the Pledged Funds, and it will never be necessary or authorized to levy taxes on
any real property of or in the County to pay the principal of or interest on the Bond or other
payments provided for herein. Furthermore, neither the Bond nor the interest thereon shall be or
constitute a lien upon the Project or upon any other property of or in the County other than the
Pledged Funds in the manner provided herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
set forth and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby agree as follows:
SECTION 1. DEFINITIONS. The following terms shall have the following meanings
herein, unless the text otherwise expressly requires:
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10.A.2.c
"Act" means Section 125.01, et seq., Florida Statutes, and other applicable provisions of
law.
"Authorized Investments" means any obligations, deposit certificates, or other evidences
of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms
of the investment policy of the County and applicable law.
"Board" means the Board of County Commissioners of the County.
"Bond" means the Bond of the County delivered to the Lender in substantially the form
attached hereto as Exhibit A with such modifications thereto as may be approved by the
Chairman, upon the advice of the County Attorney, such approval to be presumed by the
Chairman's execution thereof.
"Business Day" means any day of the year on which banks in Fort Pierce, Florida are not
required or authorized by law to remain closed and on which the Lender and the Paying Agent
and the New York Stock Exchange, Inc. are open for business.
"Chairman" means the Chairman of the Board, acting on behalf of the Board, and in his
absence or unavailability, the Vice -Chairman of the Board, and such other person or persons as
may be duly authorized to act on their behalf.
"Clerk" means the Clerk of the Board, acting on behalf of the Board, any Deputy Clerk
designated by the Clerk to act on his or her behalf, or such other person or persons as may be
duly authorized to act on his or her behalf.
"Code" means the Internal Revenue Code of 1986, as amended, and the regulations,
procedures and rules thereunder in effect or proposed.
"Construction Fund" means the St. Lucie County Capital Improvement Revenue Bond
Construction Fund established pursuant to 10(F) hereof.
"Costs" means, when used in connection with the Project, shall mean (1) the County's
cost of physical construction; (2) costs of acquisition by or for the County of such Project; (3)
costs of land and interests therein and the cost of the County incidental to such acquisition; (4)
the cost of any indemnity and surety bonds and premiums for insurance during construction; (5)
all interest due to be paid on the Bonds and other obligations relating to the Project during, and if
advisable by the County, for up to one (1) year after the end of, the construction period of such
Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of
the financing incurred during, and if advisable by the County, for up to one (1) year after the end
of, the construction period for such Project, including audits, fees and expenses, if any; (8) costs
of machinery or equipment required by the County for the commencement of operation of such
Project; and (9) any other costs properly attributable to such construction or acquisition, as
determined by generally accepted accounting principles, and shall include reimbursement to the
County for any such items of Cost heretofore paid by the County.
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10.A.2.c
"Covenant Debt" means all other indebtedness of the County payable from a covenant to
budget and appropriate Non -Ad Valorem Revenues on the same basis as the Bond.
"County" means St. Lucie County, Florida, a political subdivision of the State of Florida.
"Default Rate" means the rate of interest on the Bond during the occurrence and
continuation of an Event of Default, as set forth in Section 20 hereof.
"Determination of Taxability" means the circumstance of the interest on the Bond
becoming includable for federal income tax purposes in the gross income of the Lender as a
result of action or inaction by the County. A Determination of Taxability will be deemed to have
occurred upon (i) the receipt by the County or the Lender of an original or a copy of an Internal
Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency; (ii) the
issuance of any public or private ruling of the Internal Revenue Service; or (iii) receipt by the
County or the Lender of an opinion of counsel experienced in tax matters relating to municipal
bonds, in each case to the effect that the interest on the Bond is not excluded from gross income
of the Lender for federal income tax purposes.
"Federal Securities" means direct obligations of the United States of America and
obligations the principal of and interest on which are fully guaranteed by the United States of
America, none of which permit redemption prior to maturity at the option of the obligor.
"Fiscal Year" means the period from October 1 to the succeeding September 30, or such
other period as may be prescribed by law.
"Lender" means Pinnacle Public Finance, Inc., as initial registered owner of the Bond, or
its successor in interest or its assigns.
"Maturity Date" means the date which the principal of and interest on the Bond, or any
portion of the principal thereof, shall be payable.
"Maximum Debt Service Requirement" for the Bond, any Covenant Debt, or Senior Debt
shall mean, as of any particular date of calculation and with respect to any period, the amount of
principal of and interest on the Bond, such Covenant Debt or Senior Debt coming due in the then
current or any future period in which such sum is the greatest.
"Non -Ad Valorem Revenues" means all revenues of the County derived from any source
whatsoever other than ad valorem taxation and legally available to pay principal of and interest
on the Bond, but only after provision has been made by the County for the payment of all
essential or legally mandated services.
"Paying Agent" means the Clerk.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities and natural persons.
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10.A.2.c
"Pledged Funds" means, until applied in accordance with the provisions of this Loan
Agreement, all moneys, including investments thereof, in the Sinking Fund established
hereunder. Pledged Funds shall include all amounts transferred to the Sinking Fund as a result of
the County's covenant to budget and appropriate Non -Ad Valorem Revenues contained herein.
"Project" shall mean those certain capital improvements related to the security control
system at the County jail.
"Register" means the books maintained by the Registrar in which are recorded the name
and address of the holder of the Bond.
"Registrar" means the Person maintaining the Register. The Registrar shall be the Clerk.
"Regulations" means the Income Tax Regulations promulgated by the Internal Revenue
Service under Sections 103, 141 through 150 and 265 of the Internal Revenue Code of 1986 in
effect from time to time.
"Resolution" means Resolution No. , adopted by the Board on January 26, 2016.
"Senior Debt" shall mean any debt of the County secured by a lien on or a pledge of any
part of the Non -Ad Valorem Revenues senior to the covenant to budget appropriate made hereby
in favor of the Bond.
"Sinking Fund" means the fund created and established pursuant to Section 10(D) hereof.
"State" means the State of Florida.
"Stated Rate" shall mean 2.60%, subject to adjustment in the event of a Determination of
Taxability to the Taxable Rate. The Taxable Rate shall be effective retroactive to the date the tax
status of the Bond is ruled to have changed.
"Taxable Rate" means a rate equal to 4.00% per annum.
SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise,
words of masculine gender shall be construed to include correlative words of the feminine and
neuter genders and vice versa, and words of the singular number shall be construed to include
correlative words of the plural number and vice versa. This Agreement and all the terms and
provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the
validity hereof.
SECTION 3. THE LOAN.
A. Loan. The Lender hereby makes and the County hereby accepts the loan in the
principal amount of $3,320,000 upon the terms and conditions herein.
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10.A.2.c
B. Disbursement of Proceeds. Proceeds of the loan shall be made available to the
County on the date of closing of the loan.
SECTION 4. DESCRIPTION OF BOND. The loan shall be evidenced by the Bond
issued in authorized denominations of $100,000 or increments of $5,000 in excess thereof. The
Bond shall be dated as of the date of initial delivery thereof, shall mature on October 1, 2030,
shall be in registered form; and shall bear interest from its date until payment of the principal
amount thereof, at the Stated Rate (subject to adjustment as set forth herein). Interest on the
Bond shall be payable on each April 1 and October 1, commencing April 1, 2016, and at the
Maturity Date of the Bond, calculated on a basis of 360 days comprised of twelve 30-day
months. Principal shall be paid each October 1, commencing October 1, 2016, in the amounts
set forth in the form of Bond attached hereto as Exhibit A.
The Bond is not subject to optional prepayment prior to October 1, 2021. The Bond shall
be subject to prepayment at the option of the County, in whole but not in part, at any time on and
after October 1, 2021, at a price of par, plus accrued interest to the redemption date. The County
shall provide the Lender ten (10) Business Days' prior written notice prior to any prepayment of
the Bond. If any adjustments made to the interest rate on the Bond pursuant to this Resolution
shall cause such interest rate to be in violation of the maximum interest rate provisions of Section
215.84, Florida Statutes, the Bond shall be subject to mandatory redemption within 30 days
thereof, upon notice from the Bondholder or its assigns to redeem the Bond.
SECTION 5. EXECUTION OF BOND. The Bond shall be executed in the name of the
County by the Chairman, and attested and countersigned by the Clerk, and its official seal or a
facsimile thereof shall be affixed thereto or reproduced thereon. The Bond may be signed and
sealed on behalf of the County by any person who at the actual time of the execution of such
Bond shall hold such office in the County, although at the date of such Bond such person may
not have been so authorized. The Bond may be executed by the facsimile signatures of the
Chairman or Clerk.
SECTION 6. REGISTRATION AND TRANSFER OF BOND. There shall be a
Registrar who shall be responsible for maintaining the Register. The person in whose name
ownership of the Bond is shown on the Register shall be deemed the owner thereof by the
County and the Registrar, and any notice to the contrary shall not be binding upon the County or
the Registrar. The County and the Registrar may treat the registered owner as the absolute
owner of the Bond for all purposes, whether or not such Bond shall be overdue, and shall not be
bound by any notice to the contrary.
Ownership of the Bond may be transferred only upon the Register. Upon surrender to the
Registrar for transfer or exchange of any Bond accompanied by an assignment or written
authorization for exchange, whichever is applicable, duly executed by the registered owner or its
attorney duly authorized in writing, the Registrar shall deliver in the name of the registered
owner or the transferee or transferees, as the case may be, a new fully registered Bond of an
authorized denomination and of the same maturity and interest rate and for the aggregate
principal amount as the Bond surrendered. No transfer of any interest in the Bond shall be
permitted if such transfer would result in more than four (4) owners.
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10.A.2.c
The Bond presented for transfer, exchange, redemption or payment (if so required by the
County or the Registrar) shall be accompanied by a written instrument or instruments of transfer
or authorization for exchange, in form and with guaranty of signature satisfactory to the County
or the Registrar, duly executed by the registered owner or by his duly authorized attorney.
The Registrar or the County may require payment from the registered owner or his
transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental
charge that may be imposed in relation thereto by any governmental body other than the County.
Such charges and expenses shall be paid before any such new Bond shall be delivered.
The new Bond delivered upon any transfer or exchange shall be a valid obligation of the
County, evidencing the same debt as the Bond surrendered, shall be secured under this
Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as
the Bond surrendered.
Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of
the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be
canceled and destroyed by the Registrar, and counterparts of a certificate of destruction
evidencing such destruction shall be furnished to the County.
SECTION. 7. BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case any
Bond shall be mutilated, or be destroyed, stolen or lost, upon the registered owner furnishing the
Registrar proof of its ownership thereof and satisfactory indemnity and complying with such
other reasonable regulations and conditions as the County may prescribe and paying such
expenses as the County may incur, the Registrar shall issue and deliver a new Bond of like tenor
as the Bond so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Bond, if any,
destroyed, stolen or lost, or in exchange and substitution for such mutilated Bond, upon
surrender of such mutilated Bond, if any, to the Registrar and the cancellation thereof; provided,
however, if the Bond shall have matured or be about to mature, instead of issuing a substitute
Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Bond be
lost, stolen or destroyed, without surrender thereof. Any Bond surrendered under the terms of
this Section 7 shall be canceled by the Registrar.
Any such duplicate Bond issued pursuant to this section shall constitute an original,
additional contractual obligation on the part of the County whether or not, as to the duplicate
Bond, the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate
Bond shall be entitled to equal and proportionate benefits and rights as to lien on and source and
security for payment from the special funds, as hereinafter pledged, to the same extent as the
other Bond issued hereunder.
SECTION 8. FORM OF BOND. The Bond shall be in substantially the form of Exhibit
A hereto with such variations, omissions and insertions as may be necessary, desirable and
authorized or permitted by this Agreement.
SECTION 9 SECURITY FOR BOND; BOND NOT DEBT OF THE COUNTY. The
payment of the principal of and interest on the Bond shall be secured forthwith, by a lien upon
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10.A.2.c
and a pledge of the Pledged Funds. Until the Bond is paid or deemed paid pursuant to the
provisions of this Agreement, the County hereby covenants and agrees to appropriate in its annual
budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each
Fiscal Year, amounts sufficient to pay the principal and interest on the Bond until the maturity
thereof. Such covenant and agreement on the part of the County to budget and appropriate such
amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall
continue until such Non -Ad Valorem Revenues or other legally available funds in amounts
sufficient to make all such required payments shall have been budgeted, appropriated and actually
paid. Notwithstanding the foregoing covenant of the County, the County does not covenant to
maintain any services or programs, now provided or maintained by the County, which generate
Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the County from pledging in the future its Non -Ad
Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad
Valorem Revenues, nor does it give the registered owner of the Bond a prior claim on the Non -Ad
Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to
budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of
obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter
entered into (including the payment of debt service on bonds and other debt instruments). However,
the covenant to budget and appropriate in its general annual budget for the purposes and in the
manner stated herein shall have the effect of making available for the payment of principal and
interest on the Bond, in the manner described herein, Non -Ad Valorem Revenues and placing on the
County a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to
meet its obligations hereunder; subject, however, to the payment of services and programs which
are for essential public purposes affecting the health, welfare and safety of the inhabitants of the
County or which are legally mandated by applicable law. The County agrees that its covenant and
agreement to budget and appropriate Non -Ad Valorem Revenues shall be deemed entered into for
the benefit of the Lender, and this obligation may be enforced by a court of competent jurisdiction.
The Bond shall not constitute a general obligation or indebtedness of the County and the
Lender shall never have the right to require or compel the levy of taxes upon any property of or
in the County for the payment of the principal of and interest on the Bond. The County does
hereby irrevocably pledge the Pledged Funds to the payment of the principal of and interest on
the Bond.
SECTION 10. COVENANTS OF THE COUNTY. So long as any of the principal of or
interest on the Bond shall be outstanding and unpaid or until provision for payment of the Bond
shall have been made pursuant to Section 21 hereof, the County covenants with the Lender as
follows:
A. Tax Compliance. The County will take all actions necessary to maintain the
exclusion from gross income of interest on the Bond to the same extent as such existed on the date
of issuance of the Bond.
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10.A.2.c
B. Financial Statements. Not later than 210 days following the end of each Fiscal
Year, the County shall provide the Lender or other registered owner of the Bond (in electronic
format, if available) the annual audited financial statements of the County audited by the
County's certified public accountants, together with the report of such accountants containing
only such qualifications as are reasonably acceptable to the Lender. The County shall also
provide the Lender with a certificate that no Event of Default has occurred and is continuing
hereunder, and that the County is in compliance with all covenants on its part set forth herein.
C. Annual Budget and Other Information. The County shall prepare its annual budget
in accordance with Florida law, and shall provide the registered owner of the Bond a copy of its
final annual budget for each Fiscal Year within 30 days of adoption thereof by the Board,
together with such other information the Lender or other registered owner may reasonably
request.
D. Sinking Fund. The County hereby creates and establishes a special separate fund
to be called the "St. Lucie County, Florida Capital Improvement Revenue Bond, Series 2016
Sinking Fund" (hereinafter called the "Sinking Fund").
On or before the Business Day prior to each date fixed for the payment of principal or
interest on the Bond, the County shall deposit from Non -Ad Valorem Revenues budgeted and
appropriated pursuant to the covenant contained herein to the Sinking Fund the amounts
sufficient to pay the interest and principal becoming due on the Bond on the next payment date
therefor.
The amounts remaining on deposit in the Sinking Fund on the day following the
respective interest or principal payment may be withdrawn by the County and applied for other
County purposes. In no event shall any moneys remain on deposit in the Sinking Fund for a
period greater than 13 months.
Amounts on deposit in the Sinking Fund may be invested and reinvested by the County in
Authorized Investments maturing or redeemable at the option of the County not later than the
date such amounts are needed for the payments required hereunder.
Except to the extent otherwise required by any provision hereof or of any tax compliance
certificate delivered in connection with the delivery of the Bond, all income from the investment
of moneys in the fund and accounts established by this Agreement shall, upon receipt thereof, be
deposited to the credit of the Sinking Fund and used for the purposes thereof.
The designation of a special fund by this Agreement shall not be construed to require the
establishment of any completely independent, self -balancing funds, as such term is commonly
used and defined in governmental accounting, but is intended solely to constitute an earmarking
of certain moneys and investments for certain purposes and to establish certain priorities for
application of such moneys and investments as herein provided. The moneys and investments
required to be accounted for in the foregoing fund established herein may be deposited in a
single fund or account, provided that adequate accounting records are maintained to reflect the
allocation of the moneys and investments on deposit therein into the fund established hereunder
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10.A.2.c
and to control the restricted uses of such moneys and investments for the various purposes as
herein provided.
The County shall not be required to make any further payments into the Sinking Fund
when the aggregate amount of money and Authorized Investments in said fund and accounts is at
least equal to the total principal of and interest on the Bond then outstanding.
E. Rebate Fund. The County hereby creates and establishes a special separate fund to
be called the "St. Lucie County, Florida Capital Improvement Revenue Bond, Series 2016
Rebate Fund" (herein called the "Rebate Fund"). The County hereby agrees to cause the
arbitrage rebate amount to be calculated as set forth in the County's Certificate as to Arbitrage
and Certain Other Tax Matters delivered at the time of closing of the Bond, and to cause the
required amount to be deposited into the Rebate Fund herein established. Amounts on deposit in
the Rebate Fund shall be in held in trust by the County and used solely to make the required
rebates to the United States of America, and neither the Lender nor the County shall have any
right or claim to such moneys.
F. Construction Fund. The County covenants and agrees to establish a separate fund,
to be known as the "St. Lucie County Capital Improvement Revenue Bond Construction Fund,"
which shall be used only for payment of the Costs of the Project. Moneys in the Construction
Fund, until applied in payment of any item of the Cost of the Project in the manner hereinafter
provided, shall be held in trust by the County and shall be subject to a lien and charge in favor of
the Lender and for the further security of the Lender. There shall be paid into the Construction
Fund the amounts required to be so paid by the provisions of this Resolution.
The County covenants that the acquisition, construction and installation of the Project
will be completed without delay and in accordance with sound engineering practices. The
County shall make disbursements or payments from the Construction Fund to pay the Costs of
the Project upon the filing with the Clerk and the Lender of documents and/or certificates signed
by the County Administrator or his or her designee, stating with respect to each disbursement or
payment to be made: (1) the item number of the payment, (2) the name and address of the
Person to whom payment is due, (3) the amount to be paid, (4) the purpose, by general
classification, for which payment is to be made, and (5) that (A) each obligation, item of cost or
expense mentioned therein has been properly incurred, is in payment of a part of the Costs of the
Project and is a proper charge against the Construction Fund and has not been the basis of any
previous disbursement or payment, or (B) each obligation, item of cost or expense mentioned
therein has been paid by the County, has not been theretofore reimbursed to the County or
otherwise been the basis of any previous disbursement or payment and the County is entitled to
reimbursement thereof. The Clerk shall retain all such documents and/or certificates submitted
pursuant hereto for seven (7) years from the dates of such documents and/or certificates. The
Clerk shall make available the documents and/or certificates at all reasonable times for
inspection by the Lender or the agent or representative of the Lender.
Notwithstanding any of the other provisions of this Section 10(F), to the extent that other
moneys are not available therefor, amounts in the Construction Fund shall be applied to the
payment of principal and interest on the Bond when due.
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The date of completion of the Project shall be determined by the County Administrator,
who shall certify such fact in writing to the Board. Promptly after the date of the completion of
the Project, and after paying or making provisions for the payment of all unpaid items of the Cost
of such Project, the County shall deposit any balance of moneys remaining in the Construction
Fund in such other fund or account as shall be determined by the Board, provided the County has
received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the
exclusion, if any, of interest on the Bond from gross income for purposes of federal income
taxation.
G. Issuance of Other Obligations. Except for the Bond, the County will not issue any
other obligations payable from the Non -Ad Valorem Revenues nor voluntarily create or cause to
be created any debt, lien, pledge, assignment, encumbrance or other charge against the Non -Ad
Valorem Revenues, or any part thereof, except as set out below.
No additional indebtedness payable from or secured by Non -Ad Valorem Revenues shall
be issued by the County unless the actual receipts of Total Governmental Funds of the County
(as specified in the County's audited financial statements) for the prior Fiscal Year, less ad
valorem revenues, less Non -Ad Valorem Revenues from Total Governmental Funds pledged to
secure debt that has a first lien on such Non -Ad Valorem Revenues, and less the amount required
to pay for Essential Services of the County for the prior Fiscal Year equal at least 120% of such
maximum annual debt service on all Debt payable from such Non -Ad Valorem Revenues.
"Debt" is defined as on any date (without duplication) all of the following to the extent that they
are general obligations of the County or are payable in whole or in part from Non -Ad Valorem
Revenues (i) all obligations of the County for borrowed money evidenced by bonds, debentures,
or other similar instruments; (ii) all obligations of the County to pay the deferred purchase price
of property or services, except trade accounts payable under normal trade terms and which arise
in the ordinary course of business; (iii) all obligations of the County as lessee under capitalized
leases; and (iv) all indebtedness of other Persons to the extent guaranteed by or secured by Non -
Ad Valorem Revenues of the County. For purposes of this covenant, "Essential Services" are
those services identified by the County in its annual audit as general government and public
safety expenditures from Total Governmental Funds, less expenditures paid from ad valorem
revenues.
SECTION 11. APPLICATION OF BOND PROCEEDS. The proceeds of the Bond shall
first be applied by the County to pay the costs of preparation and issuance of the Bond and
thereafter shall be deposited by the County into the Construction Fund and used to pay the Costs
of the Project.
SECTION 12. CONDITIONS PRECEDENT. The obligation of the Lender to make the
initial disbursement of proceeds is subject to the satisfaction of each of the following conditions
precedent on or before the closing date:
A. Action. The Lender shall have received copies of all action taken by the County
approving the execution and delivery by the County of this Agreement and the financing
documents to which the County is a party, in each case certified as complete and correct as of the
closing date.
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B. Incumbency of Officers. The Lender shall have received an incumbency certificate
of the County in respect of each of the officers who is authorized to sign this Agreement and the
financing documents to which it is a party on behalf of the County.
C. Opinion of Counsel to the County. The Lender shall have received a written
opinion of counsel to the County covering matters relating to the transactions contemplated by
this Agreement and the financing documents, in form and substance satisfactory to the Lender.
D. Opinion of Bond Counsel. The Lender shall have received an opinion from bond
counsel in respect of the Bond, in form and substance satisfactory to the Lender. The opinion
shall, at a minimum, address (i) the enforceability of the Resolution and this Agreement, (ii) that
this Loan Agreement and the Bond create a valid lien on the Pledged Funds and Non -Ad
Valorem Revenues budgeted, appropriated and deposited in the Sinking Fund in accordance with
their terms, and (iii) the status of interest on the Bond being excluded from gross income for
federal income tax purposes under the provisions of Section 103 of the Code.
E. No Default, Etc. No Default shall have occurred and be continuing as of the
closing date or will result from the execution and delivery of this Agreement; the representations
and warranties made by the County shall be true and correct in all material respects on and as of
the closing date, as if made on and as of such date; and the Lender shall have received a
certificate from the County to the foregoing effect.
F. Other Documents. The Lender shall have received such other documents,
certificates and opinions as the Lender or its counsel shall have reasonably requested.
SECTION 13. REPRESENTATIONS AND WARRANTIES. The County represents and
warrants to the Lender that:
A. Organization. The County is a political subdivision of the State of Florida.
B. Authorization of Agreement and Related Documents. The County has the power
and has taken all necessary action to authorize the execution, delivery and performance of the
County's obligations under this Agreement and each of the financing documents to which it is a
party in accordance with its respective terms. This Agreement has been duly executed and
delivered by the County and is, and each of the financing documents to which it is a party when
executed and delivered will be, legal, valid and binding obligations of the County enforceable
against the County in accordance with their respective terms, except as may be limited by
bankruptcy, insolvency, reorganization or moratorium applicable to the County and general
equitable principles regarding the availability of specific performance.
C. Non -Ad Valorem Revenues. The County currently receives the Non -Ad Valorem
Revenues, and is legally entitled to covenant to budget and appropriate from such Non -Ad
Valorem Revenues sufficient amounts in each Fiscal Year to pay the principal of and interest on
the Bond, when due, subject to any prior liens or encumbrances on such Non -Ad Valorem
Revenues, whether now existing or hereafter created. The Non -Ad Valorem Revenues are
estimated to be sufficient to pay the principal of and interest on the Bond as the same becomes
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due and to make all other payments required to be made from such Non -Ad Valorem Revenues
by the terms of this Agreement or other instruments to which the County is a party or pursuant to
which all or any portion of the Non -Ad Valorem Revenues may be obligated.
D. Financial Statements. The financial statements of the County for the year ended
September 30, 2014, copies of which have been furnished to the Lender, have been prepared in
accordance with generally accepted accounting principles and present fairly the financial
condition of the County as of such date and the results of its operations for the period then ended.
Since such date, there has been no material adverse change in the financial condition, revenues
(including, without limitation, Non Ad -Valorem Revenues), properties or operations of the
County.
SECTION 14. TAX COMPLIANCE. Neither the Board nor any third party over whom
the Board or the County have control, will make any use of the proceeds of the Bond or the
Pledged Funds at any time during the term thereof which would cause the Bond to be a "private
activity bond" within the meaning of Section 103(b)(1) of the Code or "arbitrage bond" within
the meaning of Section 103(b)(2) of the Code. The Board covenants throughout the term of the
Bond to comply with the requirements of the Code and the Regulations, as amended from time to
time.
SECTION 15. NOTICES. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when hand delivered or mailed by
registered or certified mail, postage prepaid, to the parties at the following addresses:
County: St. Lucie County, Florida
2300 Virginia Avenue
Fort Pierce, FL 34982
Attention: Clerk of Court
Lender: Pinnacle Public Finance, Inc.
8377 E. Hartford Drive, Suite 115
Scottsdale, AZ 85255
Attention: Michael Krahenbuhl, Vice President,
Operations Manager
Either of the above parties may, by notice in writing given to the other, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be
sent. Communication to the Lender via telecopier shall be confirmed by delivery of a hard copy
thereof to the Lender not later than two Business Days after such communication by telecopier.
Notices to the Paying Agent shall be effective only upon the receipt thereof by the Paying Agent.
SECTION 16. EVENTS OF DEFAULT DEFINED. The following shall be "Events of
Default" under this Agreement and the term "Events of Default" shall mean (except where the
context clearly indicates otherwise), whenever such term is used in this Agreement, any one or
more of the following events:
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A. Failure by the County to timely pay any amount due hereunder;
B. Failure by the County to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Agreement (other than as provided
in A, above) for a period of 30 days after written notice, except to the extent some other grace
period shall be provided in regard to a covenant, specifying such failure and requesting that it be
remedied, is given to the County by the Lender, unless the Lender shall agree in writing to an
extension of such time prior to its expiration;
C. Any warranty, representation or other statement by the County or by an officer or
agent of the County contained in this Agreement or in any instrument furnished in compliance
with or in reference to this Agreement is false or misleading in any material adverse respect;
D. A petition is filed against the County under any bankruptcy, reorganization,
arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, and an order for relief is entered or such petition is not
dismissed within 60 days of such filing;
E. The County files a petition in voluntary bankruptcy or seeking relief under any
provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,
dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents
to the filing of any petition against it under such law;
F. The County admits insolvency or bankruptcy or its inability to pay its debts as
they become due or is generally not paying its debts as such debts become due, or becomes
insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian
(including without limitation a receiver, liquidator or trustee) of the County or any of its property
is appointed by court order or takes possession thereof and such order remains in effect or such
possession continues for more than 60 days; or
G. Any debt of or assumed by the County (i) is not paid when due nor within any
applicable grace period in any agreement or instrument relating to such debt, (ii) becomes due
and payable before its normal maturity by reason of a default or event of default, however
described, or (iii) becomes subject to a moratorium.
SECTION 17. REMEDIES. The Lender may sue to protect and enforce any and all
rights, including the right to the appointment of a receiver, existing under the laws of the State of
Florida, of the United States of America, or granted and contained in this Agreement, and to
enforce and compel the performance of all duties required by this Agreement or by any
applicable laws to be performed by the County, the Board or by any officer thereof, and may
take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of
the State of Florida or the United States of America, including, in the case of an Event of Default
described in Section 16(A) above, the declaration of all payments of principal and interest on the
Bond to be immediately due and payable.
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SECTION 18. NO RECOURSE. No recourse shall be had for the payment of the
principal of and interest on the Bond or for any claim based on the Bond or on this Agreement,
against any present or former member or officer of the Board or any person executing the Bond.
SECTION 19. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS.
In any case where the date for making any payment or the last date for performance of any act or
the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then
such payment or performance shall be made on the succeeding Business Day with the same force
and effect as if done on the nominal date provided in this Agreement.
SECTION 20. DEFAULT RATE. Upon the occurrence of any Event of Default set
forth in Section 16 above, commencing from the date of such Event of Default until such Default
is remedied or the amounts due hereunder are paid in full, the Bond shall bear interest at the
Default Rate. The Default Rate shall be equal to 6% per annum; provided, that if at the time of
such Event of Default the Taxable Rate is then in effect, the Default Rate will be 7% per annum.
SECTION 21. DEFEASANCE. If, at any time, the County shall have paid, or shall have
made provision for payment of, the principal and interest with respect to the Bond and all costs
and expenses of the Lender payable under this Agreement, then, and in that event, the pledge of
and lien on the Pledged Funds in favor of the Lender shall be no longer in effect and the County
shall have no further obligation to comply with the covenants contained in Section 10 hereof,
other than the covenant contained in paragraph (A) of Section 10. For purposes of the preceding
sentence, deposit of Federal Securities in irrevocable trust with a banking institution or trust
company, for the sole benefit of the Bond, with respect to which Federal Securities the principal
of and interest will be sufficient (in the opinion of an independent certified public accountant) to
make timely payment of the principal and interest on the Bond, shall be considered "provision
for payment."
SECTION 22. WAIVER OF JURY TRIAL. With respect to any suit or action between
the County and the Lender relating to the Bond or this Agreement or any other aspect of the
transaction between the County and the Lender, the County and the Lender each expressly
waives any right to a jury trial, and agrees that the exclusive venue for any such suit or action
shall be in any state or federal court in the State of Florida.
SECTION 23. AMENDMENTS, CHANGES AND MODIFICATIONS. This
Agreement may be amended by the County, with the prior written consent of the Lender.
SECTION 24. BINDING EFFECT. To the extent provided herein, this Agreement shall
be binding upon the County and the Lender and shall inure to the benefit of the County and the
Lender and their respective successors and assigns.
SECTION 25. SEVERABILITY. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
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SECTION 26. EXECUTION IN COUNTERPARTS. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
SECTION 27. APPLICABLE LAW. This Agreement shall be governed by and
construed in accordance with the laws of the State.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the date first above written.
ATTEST:
Its: Ex-Officio Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Its: Chairman
PINNACLE PUBLIC FINANCE, INC.
LE
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Cathleen D. Jimenez
Managing Director and Senior Vice
President
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EXHIBIT A
FORM OF BOND
No. R-1
ST. LUCIE COUNTY, FLORIDA
CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2016
RATE OF INTEREST MATURITY DATE DATE OF ISSUE
2.60%* October 1, 2030 January 29, 2016
REGISTERED OWNER: Pinnacle Public Finance, Inc.
PRINCIPAL AMOUNT: $3,320,000
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for
value received, hereby promises to pay to the Registered Owner on the Maturity Date specified
above the principal amount then outstanding pursuant to the terms of that certain Loan
Agreement dated as of January 29, 2016 between the County and the Registered Owner (the
"Agreement"), plus interest thereon from the Date of Issue set forth above to the date of payment
thereof, at the Stated Rate until payment of the Principal Amount above stated, such interest to
be calculated on a 360-day year comprised of twelve 30-day months. This Bond shall bear
interest at a fixed rate of interest equal to 2.60%. The Rate of Interest on this Bond is subject to
adjustment as set forth in the Agreement under the definition of "Stated Rate." Interest on the
Bond shall be payable on each April 1 and October 1, without presentation or surrender except
for the final payment, commencing April 1, 2016, and principal on this Bond shall be paid each
October 1, commencing October 1, 2016, in the amounts set forth below:
Year (October 1)
Amount
2016
$125,000
2017
190,000
2018
195,000
2019
200,000
2020
210,000
2021
215,000
2022
220,000
2023
225,000
2024
230,000
2025
235,000
2026
240,000
2027
250,000
2028
255,000
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2029 260,000
2030 270,000
*Subject to adjustment as set forth in the definition of "Stated Rate."
This Bond is not subject to prepayment prior to October 1, 2021. On and after October 1,
2021, this Bond may be prepaid in whole but not in part prior to maturity upon ten (10) Business
Days' prior written notice to the Registered Owner and upon payment of the prepayment price set
forth in the Agreement. Capitalized terms used herein and not defined are used as defined in the
Agreement.
This Bond is issued under the authority of Chapter 125, Florida Statutes, as amended, and
other applicable provisions of law, and pursuant and subject to the terms and conditions of the
Resolution duly adopted by the Board of County Commissioners of the County on January 26,
2016 (the "Resolution"), to which reference should be made to ascertain those terms and
conditions.
Subject to the limitations and restriction set forth in the Agreement, the County has
covenanted in the Agreement to budget and appropriate in each Fiscal Year while this Bond is
outstanding sufficient amounts, from legally available Non -Ad Valorem Revenues, to pay the
principal of and interest on this Bond during such Fiscal Year, as more particularly provided in
the Agreement.
This Bond shall not constitute a general obligation or indebtedness of the County, and the
Lender shall never have the right to require or compel the levy of taxes on any property of or in
the County for the payment of the principal of and interest on this Bond. This Bond shall not
constitute a lien upon the Project (as defined in the Agreement), or upon any property of or in the
County, but shall be payable solely from the Pledged Funds in the manner provided in the
Agreement. Reference is made to the Agreement for the provisions relating to the security for
payment of this Bond and the duties and obligations of the County hereunder.
It is hereby certified and recited that all acts, conditions and things required by the
Constitution and laws of the State of Florida to happen, exist and be performed precedent to and
in the issuance of this Bond, have happened, exist and have been performed in regular and due
form and time as so required.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County,
Florida, has caused this Bond to be executed by its Chairman, and attested by its Clerk, either
manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed,
impressed, imprinted, lithographed or reproduced hereon, and this Bond to be dated January 29,
2016.
ATTEST:
Its: Ex-Officio Clerk
BOARD OF COUNTY COMMISSIONERS ST.
LUCIE COUNTY, FLORIDA
Its: Chairman
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The following abbreviations, when used in the inscription on the face of the within, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
JT TEN - as joint tenants with right of survivorship
TEN ENT - as tenants by the entireties and not as tenants in common
UNIF GIF MIN ACT - UNIF TRANS MIN ACT - (Cust.)
Custodian for Custodian for
under Uniform Gifts to Minorunder Uniform Transfers to
Minors Act of Minors Act of
(Minor)
(State)
Additional abbreviations may also be used though not in the list above.
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to
PLEASE INSERT NAME, ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFYING
NUMBER OF ASSIGNEE the within Bond and does hereby irrevocably constitute and appoint
as his agent to transfer the Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature to this assignment must
correspond with the name of the Registered
Owner as it appears upon the face of the within
Bond in every particular, without alternation or
enlargement or change whatever.
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REVISED EXECUTION COPY
RESOLUTION NO. 16-013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE ISSUANCE
BY ST. LUCIE COUNTY OF NOT EXCEEDING $3,320,000 IN
AGGREGATE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT
REVENUE BONDS, SERIES 2016, TO PROVIDE FUNDS TO FINANCE
CERTAIN CAPITAL IMPROVEMENTS RELATED TO THE COUNTY
JAIL; AUTHORIZING THE AWARD OF THE SALE OF THE BONDS
UPON COMPLIANCE WITH CERTAIN PARAMETERS;
AUTHORIZING THE EXECUTION AND DELIVERY OF THE FORM
OF ATTACHED LOAN AGREEMENT BETWEEN THE COUNTY AND
THE PURCHASER OF THE BONDS; COVENANTING TO BUDGET
AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM
FUNDS TO PAY THE BONDS; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Section 125.01, et seq., Florida Statutes, and other applicable
provisions of law.
SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that:
A. St. Lucie County, Florida (the "County") has requested proposals to provide the
County with the necessary financing (the "Loan") to provide for the financing of certain capital
improvements related to the County jail (the "Project").
B. It is necessary and desirable to provide for the execution and delivery of a Loan
Agreement and the issuance of Capital Improvement Revenue Bonds, Series 2016 (the "Bond")
of the County to implement the Loan. Amounts due under the Loan Agreement and the Bond
shall be payable from non -ad valorem revenues of the County derived from the County's
covenant to budget and appropriate from legally available non -ad valorem funds each year such
monies sufficient to pay the principal of and interest on such obligation.
C. In accordance with the provisions of Part III, Chapter 218, Florida Statutes, a
negotiated sale of the Bond is in the best interest of the County because of the flexibility
available in structuring the Bond and its terms.
SECTION 3. AUTHORIZING AND AWARD OF BOND. The issuance by the
County of not to exceed $3,320,000 aggregate principal amount of its Capital Improvement
Revenue Bonds, Series 2016 for the purposes described above; to be dated, to bear interest at a
rate or rates not exceeding the maximum legal rate per annum, to be payable, to mature, to be
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subject to redemption and to have such other characteristics as are provided in the Loan
Agreement attached; and secured by a covenant of the County to budget and appropriate from
legally available non -ad valorem funds each year monies sufficient to pay the principal and
interest on such Bond, is hereby authorized. The sale of the Bond is hereby authorized to
Pinnacle Public Finance, Inc., pursuant to such final terms providing the best overall benefit to
the County being hereby delegated to the Chairman of the Board of County Commissioners of
the County, providing the following parameters are complied with: (A) the aggregate principal
amount of the Bond shall be not in excess of $3,320,000; (B) the initial interest rate on the Bond
shall not exceed 2.60%; (C) the costs of issuance associated with the issuance of the Bond shall
not exceed $40,000; and (D) the Bond shall be redeemable at the option of the County at par on
and after October 1, 2021, as provided in the Loan Agreement.
SECTION 4. APPROVAL OF LOAN AGREEMENT AND BOND. The Loan
Agreement and the Bond in the forms attached thereto as Exhibit B are hereby approved in
substantially such forms, with such modifications as may be approved by the Chairman or Vice
Chairman, including a modification of the principal amount thereof (not to exceed $3,320,000)
and associated amortization changes, such approval to be conclusively determined by his or her
execution thereof and the execution and delivery thereof by the Chairman or Vice Chairman of
the Board of County Commissioners and the Clerk of the County who are hereby authorized to
execute and deliver such instruments and to take such other actions as shall be necessary to
implement the Loan.
SECTION 5. AUTHORIZATION OF PROJECT. The Chairman, County
Attorney and Clerk are hereby authorized to take all action necessary in connection with the
acquisition and construction of the Project, which is hereby authorized. Such parties are
additionally hereby authorized to take any other action necessary or required in connection with
the issuance of the Bond.
SECTION 6. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or
parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict.
SECTION 7. SEVERABILITY. In the event that any portion or section of this
Resolution is determined to be invalid, illegal or unconstitutional by a court of competent
jurisdiction, such decision shall in no manner affect the remaining portions or sections of this
Resolution, which shall remain in full force and effect.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its final passage and adoption.
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PASSED AND ADOPTED this 261h day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Its: Chairman
ATTEST:
Its: Clerk of Circuit Court and Comptroller
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