HomeMy WebLinkAboutAgenda Packet 02.09.2016T. ®lI
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, February 9, 2016
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 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, February 9, 2016 6:00 PM
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, February 9, 2016 6:00 PM
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Amended Minutes of Dec 1, 2015 6:00 PM
B. Board of County Commissioners minutes for the meeting of Tuesday, January 26, 2016
5. PROCLAMATIONS APPROVAL
A. Resolution Proclaiming February 8-13, 2016 as "2-1-1 Awareness Week" in St. Lucie County,
Florida.
B. A resolution congratulating Cameron John Weideman of Troop 405 for his achievement in
attaining the rank of Eagle Scout with the Boy Scouts of America and commending him for his
service to his community now and in the years to come.
C. A resolution congratulating Kevin Kicklighter of Troop 475 for his achievement in attaining the
rank of Eagle Scout with the Boy Scouts of America and commending him for his service to his
community now and in the years to come.
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
A. St Lucie County Master Gardeners - Mary Moore, OF IFAS St. Lucie County Master Gardener
President
B. Fair Housing Poster Winners - Jennifer Hance and Diana Wesloski
8. CONSENT AGENDA
A. WARRANTS
1. W L 15-17
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
B. ADMINISTRATION
There are no items scheduled.
C. COUNTY ATTORNEY
1. Notice of Settlement of United States ex rel. Perez v. Stericycle, Inc.
Staff recommends that the Board approve the proposed settlement and authorize staff
to deposit the check in the amount of $580.76, based on the recommendation from the
Florida Attorney General's Office.
2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense
Fund
Staff recommends that the Board authorize payment of the attached invoice from the
special fund the Board created pertaining to All Aboard Florida (AAF).
3. Stop Gap Ordinance - Commercial Composting Facilities - Permission to Advertise
Staff recommends that the Board grant permission to advertise the draft Stop Gap
Ordinance.
D. COMMUNITY SERVICES
There are no items scheduled.
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
There are no items scheduled.
H. INFORMATION TECHNOLOGY
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
There are no items scheduled.
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
K. PARKS, RECREATION & FACILITIES
There are no items scheduled.
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. Harbour Ridge Country Club, Inc. — Fee -in -Lieu
Staff recommends Board approval of the Fee -in -Lieu -of Agreement and acceptance of
the payment in the amount of $6,138.00. Authorization for the Chairman to sign the
documents as approved by the County Attorney.
2. Resolution - Fisherman's Wharf Development - Acquisition Grant
Staff recommends Board acceptance of funds through FDOT JPA #438791-1-94-01 in the
amount of $255,000.00 for Fisherman's Wharf Road Development - Acquisition Phase,
and authorization for the Chairman to sign documents as approved by the County
Attorney.
3. Budget Resolution - Fisherman's Wharf Development - Acquisition Grant
Staff recommends Board approval of the Budget Resolution and authorization for the
Chairman to sign documents as approved by the County Attorney.
4. Port Engineer Position
Staff recommends approval to hire a Port Engineer within the salary range of pay grade
26, at a starting salary of $82,617.80, and a 5% increase upon completion of a six month
probationary period.
5. North 2nd Street Change Order No. 7 with Mancil's Tractor Service, Inc.
Staff recommends Board approval of St Lucie County's Change Order No. 7 with Mancil's
Tractor Service, Inc. In the amount of $16,285.68, and authorization for the Chairman to
execute the change order as approved by the County Attorney.
O. SHERIFF'S OFFICE
There are no items scheduled.
P. SOLID WASTE
There are no items scheduled.
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance - 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 adopt the Ordinance and authorize the Chairman to
sign the ordinance.
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Verada Ditch Improvement Project - Settlement Agreement
Staff recommends that the Board approve the settlement offer outlined above.
2. St. Lucie County vs. Department of Juvenile Justice - Resolution Authorizing the County
to Dismiss Pending Litigation Against the Department
Staff recommends that the Board:
Adopt the Resolution as drafted and authorize the Chairman to sign the Resolution.
B. PUBLIC SAFETY
1. FEMA appeal
Staff recommends the Board authorize the County Attorney to appeal five grants for
Hurricane Frances, Jeanne and Wilma and further authorize the Chairman to sign
documents as approved by the County Attorney.
C. PUBLIC WORKS
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
1. Resolution - Parkland Municipal Services Benefit Unit Special Assessment Revenue Bond
Series 2016
Staff recommends that the Board approve the resolution prepared by bond counsel and
authorize the Chairman to sign the resolution and other bond documents as approved
by the County Attorney.
11. ANNOUNCEMENTS
A. County offices will be closed on Monday, February 15, 2016 to observe President's Day.
B. 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.
C. 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.
D. The Board of County Commissioners will hold a Regular Board meeting on March 1, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
E. The Board of County Commissioners will hold an Informal Board meeting on March 8, 2016 at 9
a.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 March 15, 2016 at 9
a.m. in the Commission Chambers 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 I D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
December 1, 2015 Convened: 6:00 PM
Adjourned: 7:41 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 5, Chair Kim Johnson
Attendee Name
Kim Johnson
itie Status Arrived
District No. 5, Chair Present 6:00 PM
District No. 1, Vice -Chair Present 6:00 PM
District No. 2 Present 6:00 PM
District No. 3 Present 6:00 PM
Chris Dzadovsky
Tod Mowery
Paula A. Lewis
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
Heather Young
Asst. County Attorney
Present
6:00 PM
Katherine Barbieri
Asst. County Attorney
Present
6:00 PM
Don West
Public Works Director
Present
6:00 PM
Laurie Waldie
Utility Director
Present
6:00 PM
Beth Ryder
Community Services Director
Present
6:00 PM
Leslie Olson
Planning Manager
Present
6:00 PM
Ceretha Leon
Human Resources Director
Present
6:00 PM
Angela Riggins
Clerk to the Board
Present
6:00 PM
2. INVOCATION
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Regular Meeting
Tuesday, December 1, 2015
6:00 PM
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE MINUTES
The Minutes were voted on individually.
A. Board of County Commissioners minutes for the meeting of Tuesday, November 03, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chair
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. Board of County Commissioners minutes for the meeting of Wednesday, November 04, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
S. PROCLAMATIONS APPROVAL
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
Resolution proclaiming December 13, 2015 as "Feast of Santa Lucia Day" in St. Lucie County,
Florida, and the 450th Anniversary year of the area first being named St. Lucie.
Commissioner Johnson presented the proclamation to TA Wyner and characters of both
Menendez and Queen Isabella. Ms. Wyner provided background information on the Feast of
Santa Lucia. She announced on December 13th a celebration will be held at Sunshine Kitchen
located on Kings Highway and Pruitt Research Road, also on December 12th the Inlet State Park
will co -host a celebration of culture diversity for the community. She thanked the Board for the
proclamation and acknowledgement.
6. PUBLIC COMMENT (excluding Public Hearing items)
Pamela Hammer, PGA Village was present with Janet Dearing - Ms. Hammer on behave of PGA Village thanked
the Board and their staff for the handling of the situation with Compost USA. She apologized to the Board for
the threatening emails, calls, and letters that were received from the community in regards to this situation.
She stated the community would like the Board to consider a moratorium on all bio solid composting in the
county until contact can be made with surrounding counties that have more extensive ordinances and more
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Regular Meeting Tuesday, December 1, 2015 6:00 PM
extensive things in their comp land and development code about bio solid to see how they handle bio solid
composts.
Horace Webb, PGA Village - Thanked the Board for giving citizen the opportunity to voice their opinion. He
encouraged the Board to adopt some rules that will allow staff to look at applications for land use changes
that will result in major changes and make an effort to notify residents that will be affected.
Charles Grandee, Hutchinson Island - Thanked the Board for what transpired with the withdrawal of the
application for the Compost site.
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John Arena, Fort Pierce - spoke about water heaters that were removed by the Manatee Center. He stated
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trees provide oxygen for our vehicles to breathe and enhance our lives by making our communities look good.
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He spoke about how his new neighbors cutting down a tree near his house that he appreciated looking at on
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Roland O'Brien, 21 Villa Del Norte, Fort Pierce, FL - spoke about how life was in the past before discussing
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current life situations.
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7. PRESENTATIONS
This item was moved ahead of item 6 during the meeting.
Cooperative Extension: Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will
make their annual Christmas Remembrance Presentation to the Board.
Representatives from the following 4-H clubs presented gifts to
provided update on their yearly civic activities and accomplishments:
- Main Attraction
- Show Stoppers
- Beef Builders
- Happy Hams
- Hog Huggers
- Clover
- Southern Swine
- Paws-n-Claws
- Feathers-n-Fur
- Rocking Horse
- Spurs-n-Stuff
- Jitters and Critters
- Wee Bock Warriors
- Rooters
- Turn-n-Burn
- Goofy Grapefruit
- Porkers
- Star Bright
the Commissioners and
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Regular Meeting
Tuesday, December 1, 2015
6:00 PM
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- Research Coast Florida Junior Association of Science
- Midnight Riders
St. Lucie County 4-H Extension Agent Sue Munyan addressed the Board regarding the 4-H Clubs,
she spoke about the "Where are They Now" 4-H segments suggested by Commissioner
Dzadovsky last year. She stated four reflection promotions have been taped and aired on SLCTV
since October. She thanked Commissioner Hutchinson and 3 other 4-H alumni for sharing their
stories on TV. She thanked Commissioner Dzadovsky for the idea, also Mike and Shane from
SLCTV. She also thanked all the 4-H volunteer leaders for their amazing impact on 4-H'ers past
and present.
Commissioner Johnson thanked the 4-H'ers for a job well done. He asked for a round of
applause for Ms. Munyan and for the parents of the 4-H'ers.
Commissioner Hutchinson thanked the 4-H'ers for a job well done and congratulated them on
their progress.
Commissioner Lewis stated she has enjoyed the 4-H presentations every year. She commented
on the growth of the 4-H Club and she thanked them for the time they put in and the gifts that
were brought in.
Commissioner Dzadovsky commented on the poise and the character of the 4-H'ers who made
comments during the meeting. He stated how grateful he was of all participants and their
parents.
Commissioner Mowery congratulated the participants for an amazing night. He asked the
participants to give themselves a round of applause and thanked them for the gifts.
The Board recessed at 6:49 P.M. for a short break and reconvened at 6:54 P.M.
8. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chair
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. WARRANTS
***Commissioner Dzadovsky's Appointment to Planning and Zoning Board***
This item was pulled from the Consent Agenda and voted on separately. Commissioner Dzadovsky
added appointment of Charles Grande to the Planning and Zoning Board. Motioned by Commissioner
Mowery, seconded by Commissioner Lewis, motion passed unanimously.
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Regular Meeting
Tuesday, December 1, 2015
6:00 PM
4.A
There are no items scheduled.
B. ADMINISTRATION
Grant Contract With Economic Development Council
C. COUNTY ATTORNEY
1. Lowe's Home Center, Inc. - Settlement Agreement
2. Permission to advertise an Ordinance affecting the use of land in St. Lucie County, W
Florida, relating to Signs. Z
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3. Resolution - Authorizing the County Administrator or Designee to Waive Provisions Of U_
the Comprehensive Plan or The Land Development Code as To Category III Wetlands _J
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4. Fort Pierce Utilities Authority Easement - Parkland MSBU - Parcels 3409-803-0001-000-6 Ow
and 3409-703-0151-000-5 a-
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5. Fort Pierce Utilities Authority Easement - Indian Hills Recreation Area Stormwater a
Improvements - Parcels 2422-141-0001-010-6 and 2422-112-0002-000-0 0
6. Revocable License Agreement - Hidden River Estates - Phillips - 756 SE River Court -
Parcel ID 3427-701-0042-000-8
7. Revocable License Agreement - NAG Properties, LLC - 1121 DiGiorgio Road - Force Main
across County Ditch
8. After the Fact Revocable License Agreement - Indian River Estates - Whitty - 5611
Seagrape Drive - Parcel ID 3402-609-0019-000-8
9. Florida Department of Transportation Midway Road Project from west of South 25th
Street to east of U.S. 1 - County property portion of Parcel ID 3405-411-0003-000-5 -
County Deed and Resolution
10. Florida Department of Transportation Midway Road Project from west of South 25th
Street to east of U.S. 1 - Purchase Agreement for a portion of White City Park - Parcel ID
3403-502-0111-000-8 - County Deed and Resolution A - License Agreement and
Resolution B
11. Resolution - Renaming a portion of Koblegard Road to Spanish Lakes Boulevard in
Section 16, Township 34 South, Range 39 East
12. -Equipment Lease Agreement with Banc of America Public Capital Corp. ("BOA") -Escrow
Agreement with BOA and Deutsche Bank National Trust Company -Implementation
Services Authorization Form with FPL Services, LLC
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Regular Meeting Tuesday, December 1, 2015 6:00 PM
1. Resolution - FY15 HOME Funding Allocation
2. Award of Invitation to Bid (ITB) No. 12 and 14
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
1. Resolution - Creation of a Greenways & Trails Task Force w
2. Budget Resolution - Department of Environmental Protection (DEP) Coastal Partnership
Initiative (CPI) Grant - CM617 0
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3. Resolution - Grant Acceptance for Department of Environmental Protection (DEP)
Coastal Partnership Initiative (CPI) - CM617 0
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G. HUMAN RESOURCES a
Commissioner Dzadovsky would like for staff to look at the HIV Meds cost and try to reduce the cost.
He also stated maybe the Board could partner with other counties or even the State to lower costs.
Discussion among the Board and County Administrator in regards to progress that has already been
made with HIV Meds.
Commissioner Hutchinson ratified appointment of Robert Bunclum to the CBC.
Motion was carried by Commissioner Dzadovsky, seconded by Commissioner Mowery, motion carried
unanimously.
Corizon HIV Meds July 2015 thru Sept 2015
H. INFORMATION TECHNOLOGY
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
There are no items scheduled.
K. PARKS, RECREATION & FACILITIES
There are no items scheduled.
L. PLANNING & DEVELOPMENT SERVICES
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Regular Meeting Tuesday, December 1, 2015 6:00 PM
Road Impact Fee Update Study Work Authorization 1
M. PUBLIC SAFETY
Approval of the FY 15-16 Emergency Medical Services Grant Application (State of
Florida, Department of Health, Bureau of Emergency Medical Services)
N. PUBLIC WORKS
1. Mid Florida Credit Union — Final Acceptance
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2. Riverbend PUD —Third Amendment to Subdivision Improvement Agreement Z
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3. Award of Bid No. 15-072 - Subdivision No. 3 Indian River Estates Mowing and wO
Maintenance Services 0
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O. SHERIFF'S OFFICE 0
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P. SOLID WASTE
There are no items scheduled.
Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
Permission to Advertise Public Hearing - To Amend Connection Fees for the St. Lucie
County Water & Sewer District (North County)
9. PUBLIC HEARINGS
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chair
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. PLANNING & DEVELOPMENT SERVICES
Resolution - Rezoning for Blanton, from RS-2 to AR-1
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Regular Meeting
Tuesday, December 1, 2015
6:00 PM
4.A
Staff gave a presentation to present a petition on behave of Forest Blanton to rezone a
5.52 acre parcel located on Palmetto Avenue from RS-2 (Residential, Single-family - 2
du/acre) to AR-1 (Agricultural, Residential - 1 du/acre).
Forest Blanton was present for questioning should there be any.
10. REGULAR AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chair
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. PLANNING & DEVELOPMENT SERVICES
Acceptance of Withdrawal of Compost USA
This item being Quasi Judicial Board members disclosed they had all spoken with staff
Commissioner Dzadovsky asked staff once the withdrawal is completed how would this
issue be handled should the applicant decide to come back. What would be the
process?
Staff responded once the withdrawal is completed the applicant would have a two year
waiting period, then restart the process from the beginning.
Commissioner Hutchinson motioned to cancel the public hearing for this item which was
to be held December 4, 2015 at 6:00 PM, seconded by Commissioner Dzadovsky, motion
carried unanimously.
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold a Special Meeting on Thursday, December 3, 2015
at 6:00 pm in the County Commission Chamber of the Roger Poitras Administration Annex
located at 2300 Virginia Avenue, Fort Pierce, Florida to consider Compost USA's request for a
Conditional Use Permit for a Biosolids Composting Facility.
B. The Board of County Commissioners will hold an Informal Board meeting on December 8, 2015
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 Special Meeting on Tuesday, December 8, 2015
at 6:00 pm in the County Commission Chamber of the Roger Poitras Administration Annex
located at 2300 Virginia Avenue, Fort Pierce, Florida to consider an amendment to the Official
Zoning Atlas and a Conditional Use Permit for a Specialty Hospital.
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Regular Meeting Tuesday, December 1, 2015 6:00 PM
D. The Board of County Commissioners will hold a Regular Board meeting on December 15, 2015
at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at
2300 Virginia Avenue, Fort Pierce, FL.
E. County offices will be closed on Thursday, December 24, 2015 and Friday, December 25, 2015
to observe Christmas
F. County offices will be closed on Friday, January 1, 2016 to observe New Year's Day.
12. MOTION TO ADJOURN W
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There being no further business to be brought before the Board, the meeting was adjourned.
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Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Q
Circuit Court and available for inspection upon request. o
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S■TkaL■(di 1 E
COUNTY
F L o R r D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
January 26, 2016 Convened: 9:07 AM
Adjourned: 10:17 AM
1. CALL TO ORDER
The meeting was called to order at 9:07 AM by District No. 5, Chairman Kim Johnson
Attendee Name 11
Kim Johnson
District No. 5, Chairman
District No. 1, Vice -Chairman
District No. 2
Status Arrived
Present 9:00 AM
Chris Dzadovsky
Present
9:00 AM
Tod Mowery
Late
Present
Absent
9:11 AM
9:00 AM
Paula A. Lewis
District No. 3
Frannie Hutchinson
District No. 4
Howard Tipton
Administrator
Present
9:00 AM
Mark Satterlee
Deputy Administrator
Present
9:00 AM
Daniel S. McIntyre
County Attorney
Present
9:00 AM
Heather Young
Asst. County Attorney
Present
9:00 AM
Edward Matthews
Parks, Recreation & Facilities Director
Present
9:00 AM
Don West
Public Works Director
Present
9:00 AM
Laurie Waldie
Utility Director
Present
9:00 AM
Beth Ryder
Community Services Director
Present
9:00 AM
Asheley Hepburn
Director, Office of Management & Budget
Present
9:00 AM
Leslie Olson
Planning Manager
Present
9:00 AM
Ceretha Leon
Human Resources Director
Present
9:00 AM
Ron Parrish
Public Safety Director
Clerk to the Board
Present
Present
9:00 AM
9:00 AM
Melissa Upton
2. INVOCATION
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4.B
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
3.
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7.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, January 05, 2016
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Chris Dzadovsky, Paula A. Lewis
ABSENT:
Tod Mowery, Frannie Hutchinson
PROCLAMATIONS APPROVAL
There are no items scheduled.
PUBLIC COMMENT (excluding Public Hearing items)
Dana Wade, 7505 South Indian River Dr. - He addressed the special permit for extended hours
of construction for the FPL T-4 Project. He thanked St. Lucie County Code Enforcement for
scheduling the hearings with FPL. He requested FPL stop construction because noise levels have
been exceeded. He requested that St. Lucie County revoke FPL's permits for not complying with
special permits for extended hours of construction. He said that the project would be
undergoing 24 hour construction through February 28th. He said he has been living near the
project for 4 months and has placed over 32 phone calls regarding the project to FPL.
Annette Brown, Project Manager & Tiffany Kelly Executive Director, The Morning After for
Hope and Healing 907 N 13th St. - They spoke about the focus of their program, including
domestic violence, child to parent violence and community outreach. Another goal includes
addressing the long
-term effects of poverty on the community. They spoke about the workshop on January 30th at
1 PM to help citizens get their records sealed and expunged, and help with level 2 background
clearances. The workshop will be held at Emmanuel Full Gospel Baptist Church at 1200 North
25th Street. Chairman Johnson will be the keynote speaker at the event.
Chairman Johnson expressed his support of the event, and the positive impact on young people
in the community. Commissioner Dzadovsky invited Annette and Tiffany to their next meeting
with the court system and the sheriff. He said that the judicial system has to be part of the
solution.
PRESENTATIONS
A. Treasure Coast Sports Commission Update - Rick Hatcher, Executive Director
Chairman Johnson moved this item after item 8. Consent Agenda.
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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.B
The Parks and Recreation Director introduced the Executive Director of the Treasure Coast
Sports Commission, Rick Hatcher. Mr. Hatcher presented a 2014-2015 "Sports Tourism Update"
and plans for moving forward. He explained that in his 18 months in the position he has been
able to coordinate with the 3 counties, St. Lucie, Martin and Indian River. He credited the
growth of the sports tourism industry to the quality and accessibility of the local hospitality
businesses and the area's venues.
Mr. Hatcher covered the objectives and economic impact of the sports tourism industry. From
2014 to 2015 the Treasure Coast Sports Commission accounted for 48,726 hotel room nights
booked locally and over $30 million of economic impact. He suggested that the county look at
adding additional hotel rooms to increase these figures. He presented some photos from past w
events at venues around the Treasure Coast and listed the major events coming to the area in
the next year. Mr. Hatcher listed the marketing values and principles unique to the Treasure Z
Coast; premier sports destination in regards to travel, first class venues, there are activities for u_
everyone involved, quality of events over quantity, strong partnerships among the counties, 0
and innovation.
0
He concluded his presentation by pointing out the redesigned website and social media a
accounts and upcoming sports tourism events that the Treasure Coast Sports Commission will Q
be taking part in. 5
Commissioner Dzadovsky commented on the overall economic impact of $30 million and
agreed with the need for more hotel rooms. He also asked Mr. Hatcher about the TCSC's
current budget. Mr. Hatcher answered that the budget's recent increase was to $175,000 in St.
Lucie County. Commissioner Dzadovsky suggested several locations for possible hotels to be
built. Chairman Johnson remarked on the need to have these activities for seniors in the
county. Commissioner Dzadovsky added that at a future meeting, the entire tourism
department will need to give a presentation on their positive numbers.
B. 2016 St. Lucie County Summer of Success (SOS) Work Experience Program - Glenda Harden,
Vice President/COO CareerSource Research Coast
The Community Services Director introduced the Summer of Success (SOS) Work Experience
Program. She described the program as work training and experience for youth age 16 to 21 in
St. Lucie County. She indicated the program was a collaboration with the school board.
She thanked the Board for recognizing the need for the project. She also acknowledged the
hard work of the Community Services Department managers.
Staff introduced Glenda Harden, Vice President and Chief Operating Officer of CareerSource.
She explained the changes to summer programs for young people during her time at
CareerSource. She expressed excitement over the partnership between the school district, St.
Lucie County and CareerSource to create the SOS Program. She introduced Jodi Hessing, the
Youth Programs Coordinator with CareerSource.
Ms. Hessing presented an overview of The Summer of Success Work Experience Program. She
detailed the goals of the program including having private, non-profit and public companies
participate by pledging meaningful summer work experiences/training opportunities for the
youth participants. The participants would be paid $8.05 an hour and work 32 hours per week
for six weeks. The program also includes a two week "Youth Employment Success Solutions"
3 1 P a g E IPacket Pg. 19
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.6
training (YESS Class), with $100 incentive for completion. The program aims to enroll 80 in -
school youth, 20 out -of -school youth, and 20 additional out -of -school youth funded by the
Workforce Innovation Opportunity Act. Ms. Hessing presented the timeline for the program,
beginning with recruitment and orientation in March. The YESS Class covers the basics of
entering the workforce, including; basic math and reading functions, employability skills,
resume and interview preparation, business communication, workplace expectations, and
career exploration. Research showed a 13% increase in knowledge following the YESS Class.
Ms. Hessing presented the budget breakdown for the SOS Program. She noted that 71% of
funding is directed to the participants, with approximately $1,645.60 paid to each youth. She
also compared the impact of prevention programs such as SOS versus intervention programs.
The estimated costs of prevention programs totaled $57,000 whereas incarceration of one
youth for 12 months equaled $88,000.
Commissioner Dzadovsky stated that the youth transportation program will help the SOS
Program with getting the young people to their jobs. He expressed support for changing the
dynamics in the community to help young people.
Chairman Johnson asked about possible donations to include more students in the program.
Ms. Hessing gave her contact information for any inquiries regarding the project.
8. CONSENT AGENDA
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Chris Dzadovsky, District No. 1, Vice -Chairman
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
A. WARRANTS
1. WL12,13&14
B. ADMINISTRATION
There are no items scheduled.
C. COUNTY ATTORNEY
1. Resolution - Amendment to the Investment Policy
2. Item removed from the agenda
3. Treasure Coast Workforce Consortium - Interlocal Agreement
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4.113
Regular Meeting Tuesday, January 26, 2016 9:00 AM
4. St. Lucie County Jail - MOU with State of Florida Department of Health and Sheriff for
HIV/STD Counseling
5. Amending Subsection 7.10.03.A. - Increasing Number of Dogs and Cats in Residential
Dirstricts
6. Permission to Advertise - Amending Section 38-27 "Registration of Abandoned Real
Properties" of the Code of Ordinances and Compiled Laws of St. Lucie County.
7. County Owned Tax Deeds - Transfer to City of Port St. Lucie
8. Revocable License Agreement - Wide Waters Subdivision - trim and maintain foliage in P
right-of-way in front of 3259 NW Turnabout Lane z
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9. Fort Pierce Yacht Club - Assignment of Lease to City of Fort Pierce p
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10. Department of Juvenile Justice Reconciliation for FY14/15 >
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D. COMMUNITY SERVICES Q
1. Budget Resolution - Florida Department of Transportation (FDOT) Supplemental Service
Development Grant for Lakewood Park.
2. Budget Resolution - SAFER St. Lucie
3. Award of Invitation to Bid (ITB) No. 17
4. Summer of Success (SOS) St. Lucie Youth Employment Program
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
There are no items scheduled.
�W;t�l.���il_tli[�]>�i1�I�1.1►I�]S�Z�P1
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
5 1 P a g e Packet Pg. 21
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.6
J. OFFICE OF MANAGEMENT & BUDGET
1. Award of Bid No. 16-012, Maintenance and Repair Services for the County Fleet Vehicles
K. PARKS, RECREATION & FACILITIES
1. Rosser Library Roof Replacement
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
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1. F Realty Holdings, LLC - Fee -in -Lieu -of
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2. Ten Mile Creek Water Preserve Area Remediation Plan
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This item was pulled by Commissioner Dzadovsky for presentation by the Public Works c
Director. °'
Staff attended meetings on January 13th and 14th and presented the information
gathered in "Ten Mile Creek Reservoir and STA: Project and Lands Committee Meeting".
He spoke about the federal action taken by congress in December to allow the transfer
of the Ten Mile Creek facility from the Corps of Engineers to the South Florida Water
Management District. There will be an agreement crafted between these 2 agencies to
allow the transfer to take place. The operations staff at the SFWMD has a plan to do
remediation work and have the facility ready for operation. He presented pictures of the
area, the recreational facility, and reservoir and treatment cell. There were also pictures
of problem areas that need correctional work to be done, such as the collector ditch,
material voids under soil cement apron, and the existing soil cement stair steps. Staff
also described plans for gathering fill material for these projects.
The construction for these 3 major projects is estimated to cost $7 million. Staff
explained that there is currently $7.2 million in the budget. Staff expressed optimism for
the future of the facility based on the plan presented.
O. SHERIFF'S OFFICE
There are no items scheduled.
P. SOLID WASTE
There are no items scheduled.
Q. SUPERVISOR OF ELECTIONS
6 1 P a g e Packet Pg. 22
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.13
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
1. NHI Septic System Removal Project Budget Transfer
T. PLANNING and DEVELOPMENT SERVICES in
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10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Verada Ditch Improvement Project - Settlement Agreement
The County Attorney presented information regarding the proposed settlement
agreement for the Verada Ditch Improvement Project.
Staff contracted with Miller Legg and Associates to provide professional surveying and
civil service engineering services for the Verada Ditch Project. Miller Legg subcontracted
with Anderson Andre for geotechnical engineering and the county contracted with
Dunkelberger Engineering for construction inspection and oversight engineering. The
county also contracted with Ranger Construction to construct a phase of the project.
Unfortunately, the project has experienced significant slope failures during storm
conditions which require remediation. An independent firm determined that these
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 the failure. All of the engineering parties have professional
liability policies, Ranger Construction carries a commercial general liability coverage and
a performance bond.
On September 3, 2013 the Board authorized suit to be filed against Miller Leg, on July 7,
2015 the Board authorized suit to be filed against Anderson Andre and Dunkelberger.
Suit is currently pending against all engineering parties. The county withheld suing
Ranger Construction based on good -faith negotiations to resolve the dispute. Staff has
taken great efforts to attempt to resolve the matter, including attending mediation
sessions. A tentative settlement was reached; Ranger will repair the failed areas at a
7 1 P a g e Packet Pg. 23
Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.6
fixed cost of $1.575 million plus the cost of anchors as installed, the county will pay the
cost of the anchor plus a reasonable markup to Ranger for associated general contractor
services. The anchors were not included in the original bid. The maximum price of the
anchors would be $119,037. An independent firm has estimated the value of this repair
work at $1.925 million.
The county and Miller Leg and Anderson Andre were attempting to mediate a
settlement of $1.3 million, however staff advised that the insurance carriers of the firms
did not approve the settlement option. Dunkelberger will pay the county $325,000 and
the suit will be dismissed with prejudice if that amount is paid. Each party will bear its
attorney's fees and costs. The original intent of the settlement was to reach a global
resolution, unfortunately that is not possible at this time. Staff believes that repairs will
commence immediately and should be complete before June 2016. The settlement
complies with Florida's competitive procurement rules. An independent engineering
firm has confirmed through independent estimates and market pricing that the
settlement cost for the repair work is fair and reasonable and comes at a substantial
discount. Staff recommended the Board declare an emergency waive of the bid
requirement and award the repair contract to Ranger, because of the need to complete
the repair work before the hurricane season
Staff recommended that the Board authorize a letter be sent to the carriers for Miller
Legg and Anderson Andre to include a settlement demand of $1.3 million, and direct
staff to proceed to trial in the absence of a settlement.
Staff also recommended that the county accept the Dunkelberger settlement, and
dismiss that firm from the lawsuit. Staff also recommended declaring an emergency
waive of bid requirements and approve the settlement agreement with Ranger to
immediately repair the failed areas
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Chris Dzadovsky, District No. 1, Vice -Chairman
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
2. Resolution - Capital Improvement Revenue Bonds, Series 2016A
The County Attorney presented the capital improvement revenue bond for financing of
the jail security system. The Board previously awarded a bid to Accurate Controls in the
amount of $3,288,722 with a contingency amount. The Board initially approved the use
of the county's emergency reserves as a funding source until a loan is established. The
county's Financial Advisor distributed a request for proposals to identify a lending
institution that can provide the county with a fixed rate 15 year term at the lowest cost.
The county received 4 proposals from various firms. The Financial Advisor recommends
selecting Pinnacle Public Finance as the loan provider. The loan would be at a fixed
interest rate of 2.6%, which can be prepaid after October 1, 2021.
Staff recommends approval of the bond resolution and loan agreement.
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4.13
Regular Meeting Tuesday, January 26, 2016 9:00 AM
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
B. PUBLIC WORKS
1. Resolution - McCarty Road North Bridge Highway Maintenance Memorandum of
Agreement
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Memorandum of Agreement 2
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A. The Board of County Commissioners Regular Board meeting on February 2, 2016 at 6 p.m. has a
been cancelled and reschduled to February 9, 2016 at 6 p.m. Q
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
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.
9 1 P a g e Packet Pg. 25
5.A
ITEM NO. RES-2016-14
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COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/09/2016
*PROCLAMATIONS APPROVAL
Resolution Proclaiming February 8-13, 2016 as "2-1-1 Awareness Week" in
St. Lucie County, Florida.
It has been requested that this Board proclaim February 8-13, 2016 as "2-1-1 Awareness Week" in St.
Lucie County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination/Signatures
anie 5. McIntyre, C my ttorney 1/25/2016
Packet Pg. 26
5.A.a
RESOLUTION
A RESOLUTION PROCLAIMING FEBRUARY 8-13, 2016 AS
"2-1-1 AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the
following determinations:
1. When individuals and families need help in meeting life's basic needs or are experiencing
times of crisis and are not sure where to turn, 2-1-1 is an easy to remember, easy to use, three -digit
number recognized as the central linkage point in providing individuals and families with the
guidance, support and information they need to solve their problems; and with the crisis
intervention and suicide prevention they seek to keep them safe.
2. St. Lucie County is fortunate to have 2-1-1 HelpLine, a service that is available any time of
day or night that enables individuals and families to get the help they need. As was the case when
the caring staff at 2-1-1 were sensitive to a woman who had concerns for her elder brother. He
suffered numerous strokes and falls while living with his frail wife who could no longer care for his
needs. 2-1-1 staff was able to get him into a safer living environment and find resources for his wife
as well; and there are so many other real life stories.
3. 2-1-1's specialized advocacy and support services also include the Help Me Grow Initiative
which helps link vulnerable families to crucial services, while 2-1-1's life-saving "Sunshine" daily
phone calls continue to positively impact the lives of local housebound/isolated seniors, all at no
cost to those participating.
4. 2-1-1 Help Line service is free, confidential, available 24/7, with highly trained staff who
assisted thousands of individuals in need of crisis intervention, assessment and referrals to
community services. The staff at 2-1-1 will continue to provide that warm voice at the other end
of the line, the caring assistance to the people of our community... and "Hope when you need it
most!"
NOW,THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County,
Florida that this Board does hereby proclaim February 8-13, 2016 as "2-1-1 Awareness Week" and
urge all citizens to be aware of the only telephone numberthey need to knowto access information
and referral to programs and services at over 3,000 sites in our community that provide assistance
in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling,
Support Groups, Financial Assistance, etc.
PASSED AND DULY ADOPTED this 9t" day of February, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 27
5.B
ITEM NO. RES-2016-15
COUNTY �.
F L Q R I D A -
TO:
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
DATE: 02/09/2016
AGENDA REQUEST *PROCLAMATIONS APPROVAL
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
A resolution congratulating Cameron John Weideman of Troop 405 for his
achievement in attaining the rank of Eagle Scout with the Boy Scouts of
America and commending him for his service to his community now and in
the years to come.
It has been requested that this Board recognize the achievements of Eagle Scout, Cameron John
Weideman. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
anie 5. McIntyre, Cznty ttorney 1/29/2016
Packet Pg. 28
5.B.a
RESOLUTION
A RESOLUTION COMMENDING CAMERON JOHN WEIDEMAN
UPON THE ACHIEVEMENT OF EAGLE SCOUT IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Boy Scouts of America, incorporated on February 8, 1910 and chartered by
Congress in 1916, has a legacy of providing an educational program for boys and young adults to
build character, to train in the responsibilities as a participating citizen, and to develop personal
fitness.
2. The Boy Scouts of America endeavors to develop Americans who have a high degree
of self-reliance as evidenced in such qualities as initiative, courage, and resourcefulness; have
personal values based on religious concepts; have the desire and skills to help others; understand
the principles of the American social, economic and governmental systems; are knowledgeable
about and take pride in theirAmerican heritage and understand our nation's role in the world; have
a keen respect for the basic rights of all people; and are prepared to participate in and give
leadership to American society.
3. The rank of Eagle Scout, the highest rank in Scouting, is only achieved by about two
out of every one hundred Scouts, is significant in that it is a reflection of an individual who has
endeavored to become the best he can be; and is recognized as having special significance, not only
in Scouting, but also as that individual enters higher education, business or industry and community
service.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, that Cameron John Weideman of Troop 405 is hereby congratulated for his
achievement in attaining the rank of Eagle Scout and commended for his service to his community
now and in the years to come.
PASSED AND DULY ADOPTED this 9th day of February, 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 29
5.0
ITEM NO. RES-2016-16
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
DATE: 02/09/2016
*PROCLAMATIONS APPROVAL
SUBJECT: A resolution congratulating Kevin Kicklighter of Troop 475 for his
achievement in attaining the rank of Eagle Scout with the Boy Scouts of
America and commending him for his service to his community now and in
the years to come.
BACKGROUND:
It has been requested that this Board recognize the achievements of Eagle Scout, Kevin Kicklighter. The
attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
Danie 5. McIntyre, c my ttorney 1/29/2016
Packet Pg. 30
5.C.a
RESOLUTION
A RESOLUTION COMMENDING KEVIN KICKLIGHTER
UPON THE ACHIEVEMENT OF EAGLE SCOUT IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Boy Scouts of America, incorporated on February 8, 1910 and chartered by
Congress in 1916, has a legacy of providing an educational program for boys and young adults to
build character, to train in the responsibilities as a participating citizen, and to develop personal
fitness.
2. The Boy Scouts of America endeavors to develop Americans who have a high degree
of self-reliance as evidenced in such qualities as initiative, courage, and resourcefulness; have
personal values based on religious concepts; have the desire and skills to help others; understand
the principles of the American social, economic and governmental systems; are knowledgeable
about and take pride in theirAmerican heritage and understand our nation's role in the world; have
a keen respect for the basic rights of all people; and are prepared to participate in and give
leadership to American society.
3. The rank of Eagle Scout, the highest rank in Scouting, is only achieved by about two
out of every one hundred Scouts, is significant in that it is a reflection of an individual who has
endeavored to become the best he can be; and is recognized as having special significance, not only
in Scouting, but also as that individual enters higher education, business or industry and community
service.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, that Kevin Kicklighter of Troop 475 is hereby congratulated for his achievement in
attaining the rank of Eagle Scout and commended for his service to his community now and in the
years to come.
PASSED AND DULY ADOPTED this 9th day of February, 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 31
8.A.1
01/19/16
FZASWARR
FUND TITLE
001
001459
001460
001512
001538
001550
001560
001563
001570
001571
001572
001573
001574
001575
001577
001825
001826
10l
101001
101002
101003
101004
102
102001
102114
105202
107
107001
107002
107003
107006
129
130
130114
140
140001
140376
142
150
160
162
183
183004
183006
184001
184806
185015
185016
ST. LUCIE COUNTY - BOARD
WARRANT LIST #15- 09-JAN-2016 TO 15-JAN-2016
FUND SUMMARY
General Fund
EMPA FY16
FCTD Planning Grant
Neighborhood Stabilization Program
HUD Neighborhood Stab 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
EMPG FY16
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
State Aid to Libraries FY 2015
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund --Court Related Technology
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307 FY 2013
Airport Fund
Port Fund
FDOT New Port Ent 2nd street Imp
Port MSBU Development Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Tourism Dev-5th Cent
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
Artificial Reef Program
Riverwalk Habitat & Restoration
FHFC SHIP 2014-2025
FHFC SHIP 2015-2016
EXPENSES
880,838.50
2,986.51
0.00
0.00
0.00
0.00
1,392.90
15,692.98
1,520.00
0.00
0.00
0.00
1,071.15
7,019.59
0.00
8,989.13
0.00
1,291.13
0.00
52,191.81
11,106.00
4,713.32
9,206.93
25,886,30
44,758.75
376.39
243,646.61
7,296.76
0.00
15,233.57
8,218.72
19,016.00
4,104.45
636.12
7,693.17
26,571.72
112,639.94
28,786.03
251.56
7,692.95
6,666.66
3,012.68
2,037.00
790.68
26.97
576.05
1,403.12
1,135.10
PAGE
PAYROLL
544,371.87
0.00
106.27
544.42
52.00
100.02
10,097.57
2,861.55
0.00
1,078.55
400.08
400.08
3,805.10
1,449.30
1,333.60
0.00
1,600.00
35,533.28
1,381.60
46,260.68
14,074.05
17,488.98
59,140.05
12,334.14
4,371.45
0.00
184,592.57
1,060.03
1,060.03
0.00
8,703.88
0.00
2,089.60
1,360.80
12,001.21
0.00
0.00
0.00
0.00
2,946.46
0.00
4,897.48
3,275.73
0.00
1,645.60
0.00
506.52
0.00
H
Z
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0
M
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0
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132
Packet Pg. 32
8.A.1
01/19/16 ST. LUCIE COUNTY -
BOARD
PAGE 2
FZABWARR WARRANT LIST #15- 09-JAN-2016 TO 15-JAN-2016
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
189109
Home Consortium 2013
0.00
133.92
189110
Home Consortium 2014
21,573.49
629.59
190
Sports Complex Fund
20,542.72
20,234.06
310001
Impact Fees --Library
6,428.61
0.00
316
County Capital
89.98
0.00
401
Sanitary Landfill Fund
178,711,00
100,764.52
418
Golf Course Fund
17,557.09
18,139.57
451
S. Hutchinson Utilities Fund
42,225.54
6,074.05
458
SH Util-Renewal & Replacement Fund
1,946.05
1,071.48
471
Water & Sewer District Operations
96,485.88
9,113.77
478
Water & Sewer District R&R
3,665.05
1,637.49
479
Water & Sewer Dist. -Cap Facilities
0.00
1,509.11
491
Building Code Fund
1,944.11
31,951.63
505
Health Insurance Fund
325,998.11
0.00
505001
Risk Management Fund
1,275.50
2,727.61
505002
Health Insurance Administration
0.00
2,821.85
611
Tourist Development Trust-Adv Fund
1,184.30
3,218.40
625
Law Library
5,761.54
0.00
801
Bank Fund
32,886.93
0.00
GRAND TOTAL:
2,324,753.15
1,182,951.60
133
Packet Pg. 33
8.A.1
01/22/16
FZAB'WARR
FUND TITLE
001
001009
001459
001460
001550
001560
001572
001573
001574
001575
001823
101002
101003
101004
102
102001
102114
104
107
107001
107003
107006
129
130
130119
130121
130122
130219
130220
130221
140
140376
150
160
183
183001
183004
183006
184221
185015
189110
190
216
310001
316
401
418
451
ST. LUCIE COUNTY - BOARD
WARRANT LIST #16- 16-JAN-2016 TO 22-JAN-2016
FUND SUMMARY
General Fund
Gen -One Time Funding
EMPA FY16
FCTD Planning Grant
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
CSBG 2016
Metropolitan Planning / Sec 5305d
INTACT
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
Grants & Donations Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307 FY13
FTA 5307 FY 2014
FTA 5339 FY 2013 Capital
FDOT Lakewood Pk Reg Bus Rte
FCTD Trip & Equip FY 2016
FDOT Service Development Grant
Airport Fund
FDOT New Port Ent 2nd street Imp
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
S SLC Beach Restoration & Monit
FHFC SHIP 2014-2015
Home Consortium 2014
Sports Complex Fund
County Capital I&S
Impact Fees -Library
County Capital
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
EXPENSES
77,070.60
1,250,000.00
5,362.45
325.30
2,831.00
499.75
11,202.20
9,904.18
14,196.48
6,979.17
1,734.00
11,100.20
4,859.88
10,160.93
5,035.00
8,391.00
38,859.75
74,080.00
68,813.45
22,452.89
4,296.73
26,407.05
3,316.53
112,345.27
69,024.73
109,318.74
4,365.04
3,072.77
45,602.12
917.40
681.38
5,200.00
2,127.80
4,182.00
2,733.96
240.00
2,159.75
33,327.32
2,838.00
19,980.00
9.35
6,976.61
1,202.00
888.78
75,830.00
39,277.62
8,724.02
160.41
PAGE
PAYROLL
1,890.36
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
1,890.38
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
0.0o
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
F_
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Packet Pg. 34
8.A.1
01/22/16 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #16- 16-JAN-2016 TO 22-JAN-2016
FUND SUMMARY
FUND TITLE EXPENSES
471 Water & Sewer District Operations 2,376.41
491 Building Code Fund 414.91
505 Health Insurance Fund 976,231.40
611 Tourist Development Trust-Adv Fund 19,867.55
801 Bank Fund 26,344.16
GRAND TOTAL: 3,234,298.04
PAGE 2
PAYROLL
0.00
0.00
796.80
0.00
0.00
4,577.56
65
Packet Pg. 35
8.A.1
01/29/16
FZABWARR
FUND TITLE
001
OD1459
001460
001512
001550
001560
001563
001571
001572
001573
001574
002575
001577
001826
101
101001
101002
101003
101004
102
102001
102114
107
107001
107002
107006
113
114
116
117
119
123
127
128
129
130
130114
136
138
140
140001
140376
160
183
183004
183006
184001
185015
ST. LUCIE COUNTY - BOARD
WARRANT LIST #17- 23-JAN-2016 TO 29-JAN-2016
FUND SUMMARY
General Fund
EMPA FY16
FCTD Planning Grant
Neighborhood Stabilization Program
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG 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
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
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Queens Cove Lighting Dist#13 Fund
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307 FY 2013
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Airport Fund
Port Fund
FDOT New Port Ent 2nd street Imp
Plan Maintenance RAO Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
Artificial Reef Program
FHFC SHIP 2014-2015
EXPENSES
453,051.13
11,872.00
0.00
0.00
0.00
11,466.28
19,550.54
993.00
48.13
87.39
2,042.00
583.29
0.00
0.00
0.00
0.00
183,238.90
66,823.28
0.00
4,753.49
94,131.35
0.00
161,597.50
216.12
0.00
76,673.60
227.77
557.87
610.40
139.81
819.22
381.58
496.42
613.90
6,800.00
9.70
0.00
2,274.90
310.95
4,109.87
2,648.80
1,330.00
12,847.98
1,964.94
710.25
428.87
0.00
10,956.86
PAGE
PAYROLL
570,667.36
0.00
347.23
403.70
92.82
9,628.75
2,235.32
1,473.69
370.34
388.88
3,923,35
1,782.02
1,333.61
1,600.00
37, 921.27
1,381.60
46,332.71
14,927.15
17,380.74
59,116.34
11,355.43
2,691.24
168,066.12
1, 060.03
1,060.03
8,703.88
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,194.08
1,360.80
0.00
0.00
12,092.53
0.00
0.00
6,861.65
4,897.48
3,275.73
0.00
1,645.60
952.18
H
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8.A.1
01/29/16
FZABWARR
FUND TITLE
188
1B9110
189203
190
242
310001
310006
316
316001
318
321
362
382
401
418
451
458
471
478
479
491
505
505001
505002
612
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST W- 23-JAN-2016 TO 29-JAN-2016
FOND SUMMARY
Bluefield Ranch Improvements
Home Consortium 2014
Hardest Hit fund Advisor Services
Sports Complex Fund
Port I&S Fund
Impact Fees -Library
Impact Fees -Transportation
County Capital
5th Cent Fuel -Capital
County Capital -Transportation Bond
Capital Imp Rev Bonds 2015
Sports Complex Improv Fund
Environmental Land Capital Fund
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Water & Sewer District Operations
Water & Sewer District R&R
Water & Sewer Dist. -Cap Facilities
Building Code Fund
Health Insurance Fund
Risk Management Fund
Health Insurance Administration
Tourist Development Trust-Adv Fund
Bank Fund
GRAND TOTAL:
EXPENSES
2.08
11,374.90
0.00
34,523.01
1,000.00
4,140.25
159,221.75
54,146.50
1, 612.76
201,403.27
15,030.80
5,000.00
2.97
413,650.61
10,525.49
5,830.49
0.00
10,671.36
0.00
0.00
8,848.46
54,668.03
24,055.38
0.00
5,050.00
50,949.31
2,207,075.51
PAGE
PAYROLL
0.00
937.28
199.52
21,582.26
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
104,198.37
18,033.31
6,074.47
1,071.24
9,259.00
1,637.34
1,509.13
30, 046.55
0.00
2,727.61
2,876.06
3,318.60
0.00
1,200,994.40
115
Packet Pg. 37
8.C.1
ITEM NO. (ID # 3340)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/09/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Notice of Settlement of United States ex rel. Perez v. Stericycle, Inc.
On January 12, 2016 the County Administrator received the attached letter from Russell S. Kent, Esq.,
Special Counsel for Litigation for the Attorney General for the State of Florida. The letter pertains to a
settlement of a False Claims Act Lawsuit which alleged that Stericycle, Inc. ("Stericycle") may have
overcharged governmental customers as outlined in the letter. The Attorney General's office calculated
that St. Lucie County's share of the settlement is $580.76. According to Mr. Kent's letter the County must
deposit the check by February 29, 2016 or the County will forfeit its pro rata share of the settlement
proceeds. The Attorney General's office recommends that the County accept the proposed settlement.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the proposed settlement and authorize staff to deposit the
check in the amount of $580.76, based on the recommendation from the Florida Attorney General's
Office.
COMMISSION ACTION:
Packet Pg. 38
8.C.1
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 1/20/2016
Updated: 1/21/2016 3:25 PM by Katrina Slay Page 2
Packet Pg. 39
8.C.1.a
OFFICE OF THE ATTORNEY GEN
OF
PAM BONDI
ATTORNEY GENERAL
STATE OF FLORIDA
January 12, 2016
VIA OVERNIGHT MAIL
Howard Tiptom
County Administrator
ST LUCIE COUNTY
2300 Virginia Ave.
Fort Pierce, FL 34982
RUSSELL S. KENT
Special Counsel for Litigation
PL-01, The Capitol
Tallahassee, FL 32399-1050
Phone (850) 414-3865
russell.kent@myfloridalegal.com
JAN 14 2016
COUNTY ATTORNEY
Notice of Settlement of United States of America et aL ex reL Perez v.
Stericycle, Inc., Civil Action No. 1:08-cv-2390, United States District Court
for the Northern District of Illinois
Dear Sir / Madam:
On behalf of the Attorney General's office, I am pleased to inform you of an
October 8, 2015, multistate settlement of the above -captioned litigation. You are
receiving this notice and payment because your organization has been identified
as a local governmental entity that is entitled to participate in the settlement
proceeds. Accordingly, our office is happy to present the enclosed check for
$580.76 for your consideration.
This check constitutes your entity's pro rata share of the proceeds under a
settlement agreement entered into by our office. The settlement is the result of a
qui tam or False Claims Act lawsuit which alleged Stericycle, Inc. ("Stericycle")
may have overcharged many governmental customers through the use of
impermissible fuel and energy surcharges. Enclosed for your information is the
complaint filed in the lawsuit and the settlement agreement.
While the lawsuit did not include local government purchases in Florida, our
office asked that the settlement be expanded to provide relief to local
governmental entities and Stericycle agreed to this request. In connection with
the settlement discussions, Stericycle provided purchase data for Florida local
governmental entities. We then used that purchase information and a common
damage formula to determine the amount that each governmental entity would
receive.
Packet Pg. 40
8.C.1.a
By accepting and depositing the enclosed check by February 29, 2016, you
are consenting to the provisions of the enclosed Settlement Agreement,
including the provision in Paragraph 7 of the Agreement. If you do not
deposit the enclosed check by February 29, 2016, you will forfeit your pro
rata share of the settlement proceeds.
While the ultimate decision must be made by your entity, our office believes that
the settlement represents a favorable outcome. If you have any questions about
this notice or the settlement terms, please feel free to contact me.
Thank you.
Sincerely,
Russell S. Kent
Special Counsel for Litigation
Enclosures
Packet Pg. 41
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
REMITTANCE ADVICE
FLAIR ACCOUNT CODE OLD SITE DOCUMENT NUMBER OBJECT DATE PAYMEN
41-742601001-41101000-00-31008400 410000 01 D6000327746 8600 01/07/16 0615E
PAYMENT AMOUNT
$ 580.76
c
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AGENCY DOCUMENT NO V
SAINT LUCIE COUNTY VM00059 V
2300 VIRGINIA AVE y
FORT PIERCE FL 34982-5652
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PLEASE DIRECT QUESTIONS TO: (850) 414-3300, OFFICE OF ATTORNEY GENERAL- FINANCE & ACCOUNTING (D
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VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US :r
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INVOICE r
NUMBER AMOUNT
--------- ----------------
STRICYCLE $ 580.76
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FLAIR ACCOUNT CODE SWDN ADN OBJECT •DATE WARRANT NO 64-97 t
41-742601001-41101000-00-31008400 D6000327746 VM00059 8600 01/07/16 64-0615684-0 612 +'
N, OLD 410000 SITE 01 CONTACT (850) 414-3300 FOR PAYMENT QUESTIONS VOID AFTER 12 MONTH O
STATE OF FLORIDA
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PAY DEPARTMENT OF FINANCIAL SERVICES AMOUN'
FIVE -HUNDRED -EIGHTY & 76/100 DOLLARS $*******580.i
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TO THE T0: DIVISION OF TREA;
ORDER OF SAINT LUC I E COUNTY U
2300 V I RG I N I A AVE TALLAHASSEE FORT y j
FORT PIERCE FL 34982-5652
JEFF ATWATER, CHIEF FINANCIAL OFFICER
I'm 61,06 15 613t,0115 1:06 L 2097561: 20799005L,5 2 251I■
Packet Pg. 42
8.C.2
ITEM NO. (ID # 3354)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE
02/09/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
All Aboard Florida - Payment of Legal Defense Invoices through All Aboard
Legal Defense Fund
The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft
Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad
Administration ("FRA") and provide advice as to how to proceed.
Attached is Invoice 13429 dated December 31, 2015 for professional services related to All Aboard
Florida: Administrative and Civil Litigation Options. Staff is requesting that the Board authorize payment
of the invoice from the special fund the Board created to fund the review of the AAF project.
PREVIOUS ACTION:
The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015,
October 6, 2015, October 20, 2015 and December 15, 2015.
FINANCIAL IMPACT:
Sufficient funds are available in account string #001-1900-531000-1935 (Professional Services).
RECOMMENDATION:
Staff recommends that the Board authorize payment of the attached invoice from the special fund the
Board created pertaining to All Aboard Florida (AAF).
COMMISSION ACTION:
Packet Pg. 43
8.C.2
Coordination/Signatures
ianiiey'S. McIntyre, CAtorney 1/28/2016
updated: 1/28/2016 5:12 PM by Patty Marston-Duva Page 2
Packet Pg. 44
8.C.2.a
Oertel, Fernandez, Bryant & Atkinson P.A.
Post Office Box I I10
Tallahassee, Florida 32302-1110
FID# 59-2009476
Telephone (850) 521-0700 Facsimile (850) 521-0720
Daniel McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
FOR PROFESSIONAL SERVICES RENDERED
Re: All Aboard Florida, Administrative an Civil Litigation Options
PROFESSIONAL SERVICES
DATE LAWYER DESCRIPTION
Dec-03-15 SJF Email County Attorney; review SLC land Development
Code, assess impact on AAF
Dec-04-15 SJF Monitor AAF, County efforts, COE application
Dec-07-15 SJF Conference call with G. Gavalla; phone call with
McIntyre; monitor FRA and COE
Dec-08-15 SJF McIntyre email; review FRA meeting - minutes
Dec-11-15 SJF Monitor AAF, tri-county issues
Dec-12-15 SJF Conference call with McIntyre; issues, briefing
Dec-14-15 SJF Monitor COE application status
Dec-18-15 SJF Email re: cost of rail crossing
Total Hours
Total Fees
December 31, 2015
Invoice # 14529 N
Client # 3919-001
0
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SUMMARY OF PROFESSIONAL SERVICES
Lawyer Hours Amount
Segundo J. Fernandez 7.80 $2,145.00
a�
JAN252016
J
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HOURS
AMOUNT
a
2.00
$550.00
0
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1.00
$275.00
0
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2.00
$550.00LO
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1.00
$275.00
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0.60
$165.00
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$ 110.00
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0.60 $165.00
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7.80 r
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Packet Pg. 45
• Matter:
3919-001
8.C.2.a
COSTS ADVANCED
Dec-10-15 Consulting Services - Passarella & Associates,
1,172.50
Inc. - 1 /2 Invoice
Dec-31-15 Telephone - December 2015
1.95
Total Costs Advanced
$1,174.45
Current Charges
$3,319.45
0
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Interest Due
$0.00
a�
0
Previous Payments
$5,156.36
a�
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$0.00
0
Previous Balance
c
$0.00 E
Total Balance Due
$3,319.45
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a PAS SARELLA
cous",& AssocIATES Z
13620 Metropolis Avenue
Suite 200
Fort Myers, FL 33912
239-274-0067
In Account With
Oertel, Fernandez, Bryant & Atkinson, P.A
2060 Delta Way
Tallahassee, FL 32303
8.C.2.a
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0
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All Aboard Florida Review
m
Project #150FB2330 (Invoice 5) December 10, 2015 m
0
For services rendered in connection with the All Aboard Florida Review project per Professional Services
Agreement dated March 12, 2015. m
Professional services through November 30,2015
Task 2.0 EIS Review and COE Meeting
Administrative Assistant II
11/04/2015 Assembled documentation for meeting with COE
11/09/2015 Memo re: meeting with COE
11/19/2015 Memo re: meeting with COE
Senior Ecologist III - Office
11/04/2015 Preparation for meeting with COE
11/05/2015 Meeting with COE in Vero Beach
11/12/2015 Reviewed biological opinion; communcation with Fernandez re: scrub
jay
Professional Services Due This Invoice:
Hours
Rate
2.50
55.00
2.00
55.00
0.50
55.00
2.00 180.00
8.50 180.00
1.00 180.00
Task subtotal
Total
$2,345.00
Billed a
Amount
137.50
L
.—O°
110.00
27.50
0
Q
360.00
Q
1,530.00
LO
180.00
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Oertel, Fernandez, Bryant & Atkinson, P.A I 1-1ce-uate-1411vza 15
8.C.3
ITEM NO. (ID # 3330)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/09/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Stop Gap Ordinance - Commercial Composting Facilities - Permission to
Advertise
At the Board's January 12, 2016 informal meeting the Board generally discussed the issue of regulating
the location and use of commercial composting facilities. The Board requested that the County staff study
the issue and develop regulations as appropriate to be presented to the Board upon completion of the
study. Attached is a draft Ordinance which, if adopted, would postpone the issuance of development
permits for commercial composting facilities for the earlier of 1) a period of three hundred thirty (330)
days from the adoption of the Stop Gap Ordinance or 2) the effective date of the adoption of regulations
resulting from the study. This Ordinance is not intended to affect backyard composting by residential
homeowners on their own property.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board grant permission to advertise the draft Stop Gap Ordinance.
COMMISSION ACTION:
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8.C.3
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 2/3/2016
updated: 2/3/2016 8:24 AM by Stephanie Bush Page 2
Packet Pg. 49
8.C.3.a
ORDINANCE NO. 16-XXX
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, (THE "COUNTY"),
PROVIDING FOR POSTPONEMENT OF ISSUANCE OF CERTAIN
COMPREHENSIVE PLAN AMENDMENTS AND CONCERNING
DEVELOPMENT ORDERS WITHIN UNINCORPORATED ST. LUCIE
COUNTY CONCERNING DEVELOPMENT WHICH INVOLVES
COMMERCIAL COMPOSTING FACILITIES DURING A SPECIFIED
TERM; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS,
EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION
WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"),
Florida, presently is working with its staff and professional consultants to prepare comprehensive
plan amendments and land development regulations that will govern the location and development
of commercial facilities in the unincorporated County that will process solid waste or biosolids
(domestic wastewater residuals) to produce compost; and
WHEREAS, the Board finds that the regulation of commercial composting facilities is
necessary and appropriate to guide the future use and development of land in the unincorporated
County, and to protect the public health, welfare and safety, including but not limited to the
environmental resources of the County and surrounds areas; and
WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive
plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders
concerning commercial composting facilities are temporarily postponed until the County has a
reasonable opportunity to complete its analysis of the relevant issues, and complete the
formulation and implementation of the necessary amendments to the County's comprehensive
plan, zoning code, and other land development regulations (collectively, the "Regulations"); and
WHEREAS, the County's Local Planning Agency has reviewed the provisions in this
Ordinance and determined that these provisions are consistent with the applicable provisions in the
County's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida as follows:
Section 1. RECITALS ADOPTED.
Each of the recitals set forth above is hereby adopted and confirmed.
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8.C.3.a
Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS: APPLICABILITY
A. During the time that this Ordinance is in effect, as specified in Section 3 below, no
application for a comprehensive plan amendment, amendments to the Official Zoning Atlas, or
development order (as defined in Section 163.3164, Florida Statute) concerning the development of
a commercial composting facility on property in unincorporated St. Lucie County shall be processed,
granted, or otherwise approved. All such applications shall be held in abeyance by the County, until
the end of the term of this Ordinance, as described in Section 3, below.
B. For the purposes of this Ordinance, a "commercial composting facility" shall mean a
facility that uses composting techniques or technology to process solid waste, biosolids (i.e.,
domestic wastewater residuals), or other organic matter as part of a commercial business or
venture. Processing includes but is not limited to physical turning, windrowing, aeration, and other
means of mechanically handling solid waste, biosolids, or other organic matter to produce compost.
C. Notwithstanding anything else contained herein this ordinance shall not apply to:
1. A public purpose project, if the applicant is a governmental entity and the
applicant demonstrates to the County's satisfaction that the public interest would be significantly
and adversely affected if the application for the proposed project is delayed by the requirements of
this Ordinance; or
2. A development that is protected from a change in county ordinances, to the
extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements
that already have been entered into.
Section 3. TERM OF THIS ORDINANCE.
The County shall move forward expeditiously with the development, adoption, and
implementation of the Regulations concerning commercial composting facilities. This Ordinance
shall remain in effect only for so long as is reasonably necessary for the Board to adopt such
Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall
expire, and this Ordinance shall have no further force or effect, after the date when the Regulations
take effect, or three hundred thirty (330) days after the date of the adoption of this Ordinance,
whichever occurs first, unless the term of this Ordinance is extended by the Board. The Board may
extend the term of this Ordinance for up to an additional thirty (30) days by resolution, if the Board
finds that the extension is necessary and in the public interest.
Sartinn A W,&I%/FRC
Notwithstanding the provisions in Section 2 above, an applicant for the
development of property within the unincorporated County may apply to the Board for a waiver of
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8.C.3.a
the requirements in Section 2.A, above, so that the applicant's application may be reviewed
without delay. In such cases, the Board shall consider the request for a waiver at a public meeting,
which shall be held within 45 days after the County receives the applicant's request. At the public
meeting, the applicant shall have the burden of demonstrating to the Board's satisfaction that: (a)
granting the applicant's request for a waiver will not detrimentally affect the preparation and
implementation of the Regulations; (b) the proposed project will be compatible with surrounding
land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare.
If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the
applicant's application to be submitted, reviewed and processed concurrently with the Regulations.
However, a development order shall not be issued for such application until the necessary
comprehensive plan amendments are in effect and the application is found to be consistent with
adopted land development regulations.
Section 5. VESTED RIGHTS.
A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right
of a property owner to complete development where the property owner demonstrates each of
the following:
1. A government act of development approval was obtained prior to the
effective date of this Ordinance; and
2. The property owner has detrimentally relied, in good faith, on the
governmental approval by making a substantial change in position or incurring extensive obligations
and expenses; and
3. It would be highly inequitable to deny the property owner the right to
complete the development.
B. Any property owner claiming to have vested rights under this Section 5 must file an
application with the Board for a vested rights determination within 30 days after the effective date
of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a
sworn statement as to the facts upon which the vested rights are asserted, together with any
documentary evidence supporting the claim. The Board shall hold a public hearing on the
application and, based upon the evidence submitted, shall make a determination as to whether or
not the property owner has established vested rights. To the extent that a property owner
demonstrates vested rights, the prohibitions established in Section 2.A of this Ordinance shall
apply.
Sartinn F APPFW C
Any appeal from a final decision by the Board under Section 4 or Section 5 of this
Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th Judicial
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8.C.3.a
Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for
the review of the quasi-judicial rulings of local government agencies.
Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES.
A property owner claiming that this Ordinance, as applied, constitutes or would
constitute a temporary or permanent taking of private property or an abrogation of vested rights
shall not pursue such claim in court unless he or she has first exhausted the administrative
remedies provided in this Ordinance.
Section 8. 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.
Section 9. 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.
Section 10. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
Section 11. 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.
Section 12. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Section 13. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman XXX
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8.C.3.a
Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED this day of , 2016.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
5
County Attorney
Packet Pg. 54
8.N.1
ITEM NO. (ID # 3336)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Harris, County Surveyor
Engineering
Harbour Ridge Country Club, Inc. — Fee -in -Lieu
DATE
02/09/2016
*CONSENT AGENDA\PUBLIC
WORKS
Harbour Ridge Country Club submitted an application for a major adjustment to a Planned Unit
Development (PUD) for the re -development of the recreation area known as Harbour Ridge Life Style
Center in May 2015. The subject parcel, known as Tract TC-1 of Harbour Ridge Plat No. 2, is located at the
southeast corner of Gilson Road and Turnabout Lane. Resolution 2015-186 stipulated five conditions of
approval. Condition No. 1 requires that the applicant pay a fee -in -lieu -of constructing a sidewalk along
Gilson Road. The applicant's engineer submitted the cost estimate which was reviewed and approved by
St. Lucie County Engineering Division.
PREVIOUS ACTION:
January 12, 1982 - BOCC approved zoning change to PUD. (Resolution 82-6).
December 21, 1982 - BOCC authorized Development of Regional Impact (DRI) for 814 residential dwelling
units. (Resolution 82-174).
October 6, 2015 - BOCC approved major adjustment to PUD. (Resolution 2015-186).
FINANCIAL IMPACT:
N/A
:T:18rel► R i:1►l le%�I�Pta
Staff recommends Board approval of the Fee -in -Lieu -of Agreement and acceptance of the payment in the
amount of $6,138.00. Authorization for the Chairman to sign the documents as approved by the County
Attorney.
COMMISSION ACTION:
Packet Pg. 55
8.N.1
Coordination/Signatures
E-IT\a ��A - � �- Ll-
Con Wept, Public Works Directo c 016
aanief& Manie . McIntyre, C my ttorney 1/29/2016
Updated: 2/2/2016 8:48 AM by Katrina Slay Page 2
Packet Pg. 56
8.N.1.a
AGREEMENT TO PAY FEE IN LIEU
OF CONSTRUCTING CONCRETE SIDEWALKS
THIS AGREEMENT is made and entered into this 13th day of January, 2016 by and between
ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and
HARBOUR RIDGE COUNTRY CLUB INC. ("Developer").
WITNESSETH:
WHEREAS, Developer intends to construct a project to be known as Harbour Ridge Life Style
Center (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 Six Thousand and One hundred and
thirty-eight dollars ($6,138.00) 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 $6,138.00 (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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
WITNESSES:
4-�
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
BY:
Print name: Michael Salerno
Title: General Manager
-1-
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8.N.2
ITEM NO. RES-2016-17
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Don West, Public Works Director
Public Works
DATE: 02/09/2016
*CONSENT AGENDA\PUBLIC
WORKS
Resolution - Fisherman's Wharf Development - Acquisition Grant
The County has received funding for Fisherman's Wharf Road Development - Acquisition Phase from
Florida Seaport Transportation and Economic Development Council (FSTED) in the amount of $255,000
through Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). There is
an additional County cost of $255,000 or 50% for a total project cost of $510,000.
These funds are designated to acquire land along Fisherman's Wharf to be consistent with the Conceptual
Design Option 2 (see attached) presented by Rick Ferrin of Transystems at the Joint Board Meeting on
May 15, 2015.
PREVIOUS ACTION:
June 24, 2015 - Administrator approved submittal of grant application to FSTED for FY16 Port Projects,
including Fisherman's Wharf Road Development - Acquisition Phase with required matching funds in the
amount of $255,000.00.
FINANCIAL IMPACT:
Sufficient matching funds will be made available in account string 140389-4315-561000-400 (Land
Purchase) Fisherman's Wharf Road Development
RECOMMENDATION:
Staff recommends Board acceptance of funds through FDOT JPA #438791-1-94-01 in the amount of
$255,000.00 for Fisherman's Wharf Road Development - Acquisition Phase, and authorization for the
Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 58
8.N.2
Coordination/Signatures
Tna
Con We t, Public Works Directo 016
aaniiefS. Manie . McIntyre, C my ttorney 1/25/2016
Updated: 1/25/2016 8:07 AM by Matthew Beard Page 2
Packet Pg. 59
8.N.2.a
Financial Project No.:
438791-1-94-01
(item-segmen(-phase-sequence)
Contract No.:
CFDA Number:
CFDA Title:
NIA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: PORT
Function: 215
Federal No.: NIA
DUNS No.: 80-939-7102
Agency DUNS No.:
THIS AGREEMENT, made and entered into this day
72S-070-D0
PUBLIC TRANSPORTATION
OGC - 7fts
Pegs 1 of 14
FLAIR Approp.: 088794
FLAIR Obj.
Org, Code: 55042010429
Vendor No.: _VF596000835079
CSFA Number: 55005
CSFA Title: Seaport Grants
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 Board of County Commissioners
2300 Virginia AvenueFt. 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 12/31/2018 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00,
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
Chapter 311 , Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1,00 Purpose of Agreement: The purpose of this Agreement is
Purchase of two (2) parcels of land to optimize berth operations at the Port of Ft. Pierce.
Parcel 1 - .31 acres
Parcel 2 - .13 acres
This is a Deferred Reimbursement Agreement Please see Exhibit E for further details.
and as further described in Exhibits) A B C D E .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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8.N.2.a
725.030.08
PUBl1C TRANSPORTATION
OOC . 7115
Page 2 or u
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 relatirrg 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 $ 510510 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 $ 255 000 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
date of this agreement. It is understood that State participation in eligible project costs is subject to.
(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 applicabie, 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_
5.00 Project Budget and Payment Provisions:
5.10 The Project Sudget: 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.
MUM
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M1
725-03P-0B
PUBLIC TRANSPORTATION
0GC . 7115
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin In the year the project or project phase is scheduled
in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is
submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods
and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and
216, Florida Statutes. if the Department determines that the performance of the Participant is unsatisfactory, the Department shall
notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the
Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action
plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet
the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable
to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount.
The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant
resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount
during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the and of
the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments",
separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are
referred to herein collectively as the "project account", Records of costs incurred under terms of this Agreement shall be maintained
in the project account and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request, Records of costs incurred include the Agency's general accounting records and the Project records, together with
supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of
the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or
audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in 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.
6.30 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
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 whale 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.
6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by
this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority
of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial
assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state
official. The Agency shall comply with all audit and audit reporting requirements as specified below.
Paoe a W is
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8.N.2.a
726-030-06
PUBLIC TRANSPORTATION
OGC - 7l16
PeAa 4 cr 1♦
Part I Federally Funded:
1, In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014. monitoring procedures may include but not be limited to on -site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, Investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a
Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB
Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
Exhibit to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must
consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the
Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance
with 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
b, In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities
as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014
c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for
that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost
of such an audit must be paid from the Agency's resources obtained from other than Federal entities),
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d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https:Rharvester.census. govlfacwei the audit reporting package as required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26. 2014, within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26. 2014, and this Agreement.
However, the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@dot.state,fl,uswithin the earlier of 30 calendar days after receipt of the auditor's reports) or nine
months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014.
e Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including
Corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this
Agreement. If the Agency fails to have an audit conducted in accordance with CMB CircularA-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional
conditions, the Department may take appropriate actions to enforce compliance.
f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the GFO or
State of Florida Auditor General access to the Agency's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or
litigation shall be retained until the action is complete or the dispute is resolved.
g. The Department's contact information for requirements under this part is as follows;
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FD0TSingleAu&t@dot.state.fl.us
Part it State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97. Florida Statutes, monitoring procedures to
monitor the Agencys use of state financial assistance may include but not be limited to on -site visits by Department staff and/or
other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate
fully with any monitoring proceduresiprocesses deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of
Financial Services (DFS) or State of Florida Auditor General
2, The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial
assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the
Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section
215,97. Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
Exhibit to this Agreement indicates state financial assistance awarded through the Department
by this Agreement needed by the Agency to further compiy with the requirements of Section 215.97. Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state
financial assistance, including state financial assistance received from the Department by this Agreement, other state
agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through
awards and resources received by a nonstate entity for Federal program matching requirements.
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b. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of
Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General.
c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215,97, Florida
Statutes. However, the Agency must provide a single audit exemption statement to the Department at
F DOTSingleAu dit@dot. state. fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e,, the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules
of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to'
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
F DOTSi ngleAudit@dot. state.fl. us
And
State of Florida Auditor General
Lecal Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 32399-145C
e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department
shall be submitted timely in accordance with Section 215 97, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with
Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying
the reporting package.
g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the
Department by this Agreement If the Agency fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Department may take appropriate corrective action to enforce compliance.
h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or
the Auditor General access to the Agency's records including financial statements, the independent auditor's working
papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
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The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years
from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General
access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department,
or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is
issued unless extended in writing by the Department.
6.60 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:
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 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
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
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
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
may elect by notice in writing not to make a payment on the project if:
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;
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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."
7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for
in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or
other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
7,40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (50) 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.
6.11 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
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
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
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 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
119. F.S. and made or received in conjunction with this Agreement
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.
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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 emptoyment of the same. If Federal Transit
Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
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
Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive
Negotiation Act,
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual
services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design,
and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017
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 shall take
ail necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of
DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved 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 out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1966 (31 U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Fart 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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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.
11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with ail the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.G. 2000d, et, seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title Vlll - Civil Rights Act of 1968. Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1958, 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 i;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.
11.60 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any
property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business
entity of which the officer, director or employee or the cffcer'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 officers, 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
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:
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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.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement Is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms
and requirements of applicable law.
12.60 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed
as soon as possible with the project.
12.70 Use and Maintenance of Project facilities and Equipment: The Agency agrees that the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as required by 49 CFR Part 18, when applicable.
12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its
useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply
with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on
the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement.
12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the
Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except
that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees
during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. 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 at trial,
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13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifications have been developed. the Agency shall provide an Engineer's Certification
that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract
documents, and any and all other engineeringT construction, and contractual 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
Department as applicable
b, The plans were developed in accordance with sound engineering and design principles, and with generally accepted
professional standards,
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "8" 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, ism 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.
15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall
not expend money, incur any liability, or enter into any contract which, by Its terms involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have
a term for a period of more than 1 year."
16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12131/2018 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 Transportation 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 12C 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:
Paae 12 o114
Packet Pg. 71
8.N.2.a
725-030-M
PUBLIC TRANSPOBTATEON
OGO - 7115
Page 13 a114
19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federai agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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 subrecipients shall
certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract maybe expended for lobbying the Legislature or a state agency.
20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should
be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and
services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the
invoice is received or the goods or services are received, inspected and approved.
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) dollarwill not be enforced unless the Agency requests payment. 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.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting
as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236.
21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction 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 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 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.
22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a 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.
23.00 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.
24.00 The ccntractorlconsultanUvendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Page 13&14
Packet Pg. 72
8.N.2.a
7M-03"
PUBLIC TRANSPORTATION
OGC .715
Pops 14 of 14
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St. Lucie County Board of County Commissioners
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FL)OT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
Page 14 of 14
Packet Pg. 73
8.N.2.a
FM NO. 438791-1-94-01
CONTRACT NO.
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and St. Lucie County Board of County
Commissioners, dated
PROJECT LOCATION:
Port of Fort Pierce, St. Lucie County, FL
PROJECT DESCRIPTION:
The purpose of this Agreement is to provide funding for the purchase of two (2) parcels of land to
optimize berth operations at the Port of Fort Pierce.
• Parcel 1 - .31 acres
• Parcel 2 - .13 acres
Packet Pg. 74
8.N.2.a
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.50 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 finding action from any other
source with respect to the project.
The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment eligibility of,
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Upon receipt of an invoice from the Agency, the Office of Modal Development has (10) ten
working days to inspect and approve the goods and services where working days is defined as
any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section
110.117, Florida Statutes.
Packet Pg. 75
8.N.2.a
FM NO, 438791-1-94-01
CONTRACT NO.
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and St. Lucie Count Board of Coun
Commissioners — Port of Ft. Pierce dated
I. PROJECT COST:
II. PARTICIPATION:
$510,000.00
Minimum Agency Participation
In -Kind ( 0%) $0
Cash ( 50%) or $255,000.00
Other { 0%) $0
Maximum Department Participation
Primary
(DS) (DDR) (GMR)(PORT)(DPTO) ( 50%) or $255,000.00
Federal Reimbursable (DU)(CM)(DFTA) ( %) or $
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST
$510,000.00
Packet Pg. 76
8.N.2.a
FM NO. 438791-1-94-01
CONTRACT NO.
EXHIBIT "C"
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and St. Lucie Count�Board of County
Commissioners, dated
Reference statute(s) as applicable: Chapter 311
DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE
AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT:
1. All proposals, plans, specifications, and 3`d party contracts covering the project for
Departmental approval.
2. Copies of all correspondence related to this project.
Audit Reports as described in Section 6.50 of this JPA.
4 Quarterly Progress Reports provided within thirty (30) days of the end of the
quarter.
5. Three (3) original invoice Summaries and backup information including a progress
report must be submitted to the District Office when requesting payment.
Packet Pg. 77
8.N.2.a
EXHIBIT D
STATE AGENCY: FDOT FM# 438791-1-94-01
CSFA #: 55.005
TITLE: Seaport Grants
AMOUNT: $ 255,000.00
AUTHORIZATION: Section 311.07 & 311.09, Florida Statutes
COMPLIANCE REQUIREMENTS:
Restrictions:
Grants are not to exceed $7,000,000 per calendar year for any one eligible seaport. A 50 percent
match is required. Eligible seaports include Port Canaveral, Port Everglades, Port of Fernandina,
Port of Fort Pierce, Port of Jacksonville, Port of Key West, Port Manatee, Port of Miami, Port of
Palm Beach, Port of Panama City, Port of Pensacola, Port St. Joe, Port of St. Petersburg, and Port
of Tampa.
Application Procedures:
Eligible ports may obtain form FSTED-1, "Florida Seaport Transportation and Economic
Development Project Application" from the Florida Seaport Transportation and Economic
Development Council at the address listed in INFORMATION CONTACT. Project applications
may also be accessed on-line at http://www.flaports.org/fsted.htm
Award Procedures:
The Florida Seaport Transportation and Economic Development Council (Council) determines
whether a proposed port transportation project is consistent with the approved local government
comprehensive plan and port master plan, and whether the project provides an economic benefit
and is consistent with the Florida Seaport Mission Plan and the Florida Transportation Plan. The
Council reviews and approves or disapproves each project within 120 days of the application
deadline. Approved projects are submitted to the Secretaries of Transportation, Community
Affairs and the Office of Tourism, Trade and Economic Development (OTTED)for determining
consistency with the Florida Transportation Plan and local government comprehensive plans,
respectively. Projects to be funded are included in the Department's annual legislative budget
request.
Deadlines:
Applications should be submitted from January 1 to February 15, although the Council will
accept an application for an emergency project at any time.
Packet Pg. 78
8.N.2.a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-16
EXHIBIT «E1� FREIGHT, LOGISTICS&
PASSENGER OPERATIONS
11109
DEFERRED REIMBURSEMENT FINANCIAL PROVISIONS
FISCAL YEAR(S) 2016/2017
Financial Project No.: 438791-1-94-01
Contract No.:
Date:
The assurances herein shall form an integral part of this joint participation agreement (Agreement) between the
State of Florida Department of Transportation (Department) and the Agency.
This Agreement is a Deferred Reimbursement Agreement. A "Deferred Reimbursement Agreement" means an
Agreement wherein the Agency chooses to begin a project in advance of the year in which the project or
funding is programmed in the Department's adopted work program. Such Agreements may sometimes include
funding in the state fiscal year in which the Agreement is executed. Costs eligible for reimbursement can only
be incurred after the execution date of the Agreement.
If the annual amount appropriated and available for reimbursement differs from that shown in this Agreement
for any fiscal year, the Department will provide written notification to the Agency by July 1 of each year
indicating the actual amount appropriated and available for reimbursement. No such notice shall be provided if
the available funds match those identified in this Agreement.
The Agency may invoice the Department after August 1 in the fiscal year(s) the project funding is programmed
in the adopted work program as of the date of execution of the Agreement and only for actual costs incurred.
After receipt of a properly documented invoice, payment(s) will be made to the Agency as follows.-
1. If this Agreement, as executed and modified if applicable, includes individual Department fiscal years in
which the amount of Department funding is two (2) million dollars or less in state funds, the
reimbursement payment for each of those years will be made in a lump sum in such year as defined in
the Agreement, and
2. For years in which the amount of Department funding in the work program is greater than two (2) million
dollars, the reimbursement payment for such years will be made in ten (10) equal quarterly payments
beginning in the year the project is programmed.
Packet Pg. 79
RESOLUTION NO. 16-xxx
A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT
OF TRANSPORTATION JOINT PARTICIPATION
AGREEMENT (#438791-1-94-01) FOR FISHERMANS
WHARF ROAD DEVELOPMENT — ACQUISITION PHASE
AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE
AGREEMENT AND FURTHER AUTHORIZING THE COUNTY
ATTORNEY TO EXECUTE THE AGREEMENT BY
APPROVING IT AS TO FORM AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County
funding for Fishermans Wharf Road Development — Acquisition Phase (#438791-1-94-
01).
2. The Board should authorize and approve execution of the Joint
Participation Agreement with the 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 Joint Participation Agreement
with the Florida Department of Transportation (#438791-1-94-01) to provide funding
for Fishermans Wharf Road Development — Acquisition Phase.
2. The Board hereby authorizes and Chairman to execute the above -
referenced agreement and further authorizes the County Attorney to execute the
agreement by approving it as to form and correctness.
Page 1 of 2
Packet Pg. 80
After motion and second, the vote on Resolution 16-xxx was as follows:
Chair Kim Johnson
Vice -Chair Chris Dzadovsky
Commissioner Paula Lewis
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this 9th day of February, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Page 2of2
Packet Pg. 81
8.N.2.c
Department:
Public Works/Port
TO: Howard Tipton, County Administrator
THROUGH: Mark Satterlee, Deputy County Administrator
THROUGH: Asheley Hepburn, OMB Director
FROM: TaWonna Johnson, Grants Writer
DATE: June 26, 2015
SUBJECT: SeaCIP FY 16/17 Grant Application
Background:
This item requests authorization to submit a grant application to Florida Seaport Transportation and Economic
Development (FSTED) SeaCIP FY16/17 in the amount of $255,000.
St. Lucie County conducted a study within the operating area of the Port of Fort Pierce in an area known as
Fisherman's Wharf. The site is generally bounded on the south by Florida A1A, to the west by Indian River
Drive and to the north by Fisherman's Wharf Road. To the east are the Indian River and the Intra Coastal
Waterway. Currently, the site is comprised of multiple underutilized parcels River Marina Incorporated .31
acres at a cost of $355,750 and River Marina Incorporated .13 acres at a cost of $154,000 of which the county
is proposing the acquisition of the two properties belonging to River Marina and easternmost 250 feet of
Fisherman's Wharf Road.
Funds Available:
A $255,000 transfer in from the General Fund will be reallocated in the Port's budget to a project reserve
Recommendation:
County Administrator authorization to submit a grant application to Florida Seaport Transportation and
Economic Development (FSTED) SeaCl'R FY16/17 for $255,000. The total project cost is $510,000.
C: Don West, Department
Not
i Approved Approved
1 S
Asheley Hepburn, Management & Budget Mrec or
i
Mark Satterle�eDeputy Runty7Adinistrator
Howayd Tipton, County Admi6stra
Packet Pg. 82
8.N.2.c
The acquisition of privately held properties is not necessary in Option 1 as all development
would be confined to County and Ft. Pierce Redevelopment Agency properties. Option 2
would include the acquisition of two small parcels belonging to River Marina INC and the
easternmost 250 feet of Fishermans Wharf Road. Option 3 would include the acquisition of
the two small River Marina INC properties, the easternmost 250 feet of Fisherman's Wharf
Road, the Fishmonger Investors LLC property and the Carol J. Jenkins property.
The probable, successful acquisition costs of those properties have been estimated as
follows. The estimated, probable successful acquisition cost is based upon comparable sales
in the area, the sale history of the properties, current assessed value, a recent appraisal of the
Fishmonger property for the County by Fulie r-Armfield-Wagner, current use of the parcels,
existence of potential buyers for the properties and the inclusion of Just Value Pricing. We
have defined successful acquisition as the voluntary sale of the properties not requiring the
exercise of eminent domain and condemnation by City and County government.
Parcel
River Marina INC (.31 acres):
River Marina INC (.13 acres):
Fishmonger Investors LLC (46 acres):
Carol J. Jenkins (46 acres):
Cost of Successful Aguisition
$355,750
$154,000
$405,000
$370,000
These estimated costs of acquisition have been added appropriately to the estimated
development costs for Options 2 and 3.
Fishermans Wharf Development I Port of Fort Pierce I FDOT District 4 28
Packet Pg. 83
8.N.2.d
4ior
�. 1 1l 1" �, k
J
4
Packet Pg. 84
8.N.3
ITEM NO. RES-2016-18
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Don West, Public Works Director
Public Works
DATE: 02/09/2016
*CONSENT AGENDA\PUBLIC
WORKS
Budget Resolution - Fisherman's Wharf Development - Acquisition Grant
The County has received funding for Fisherman's Wharf Road Development - Acquisition Phase from
Florida Seaport Transportation and Economic Development Council (FSTED) in the amount of $255,000
through Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). There is
an additional County cost of $255,000 or 50% for a total project cost of $510,000.
PREVIOUS ACTION:
June 24, 2015 - Administrator approved submittal of grant application to FSTED for FY16 Port Projects,
including Fisherman's Wharf Road Development - Acquisition Phase with required matching funds in the
amount of $255,000.00.
FINANCIAL IMPACT:
Sufficient matching funds will be made available in account string 140389-4315-561000-400 (Land
Purchase) Fisherman's Wharf Road Development.
RECOMMENDATION:
Staff recommends Board approval of the Budget Resolution and authorization for the Chairman to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 85
8.N.3
Coordination/Signatures
Tna
Con We t, Public Works Directo 016
aanief& Manie . McIntyre, C my ttorney 1/25/2016
Updated: 1/21/2016 3:23 PM by Katrina Slay Page 2
Packet Pg. 86
8.N.3.a
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 the Florida Department of Transportation through a Supplemental Joint Participation Agreement, in
the amount of $255,000, as funding for the Acquisition of Land for the Fisherman's Wharf Road
Development Project.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 9th day of February, 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
140389-4315-334411-400
APPROPRIATIONS
140389-4315-561000-400
a
FDOT-Transportation $255,000 Q
a
Land
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 9TH DAY OF FEBRUARY 2016.
$255,000
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Packet Pg. 87
8.N.4
ITEM NO. (ID # 3347)
DATE: 02/09/2016
AGENDA REQUEST *CONSENT AGENDA\PUBLIC
WORKS
TO: Board of County Commissioners
PRESENTED BY:
Don West, Public Works Director
SUBMITTED BY: Public Works
SUBJECT: Port Engineer Position
BACKGROUND:
The County approved funding in the Fiscal Year 2016 Budget for a Port Engineer position. The Port
Engineer is a newly created position to cover a wide spectrum of functions and duties in the development
of the Port of Fort Pierce.
The Port Engineer position was approved in the 2016 budget and will be funded with a 50/50 cost share
between the City of Fort Pierce and the County.
The attached job description for the position was written based upon the job duties and functions
currently being performed by the Port Director. The job involves extensive communication with the City
and County elected officials and Staff. Likewise, the job involves extensive communication with the State
of Florida Department of Transportation and Florida Seaport Transportation and Economic Development
officials, as funding partners.
The majority of qualified applicants that were interviewed for the Port Engineer position have all
requested salaries that exceed the selected pay grade and salary range.
Staff performed a salary survey to compare the salary range of the Port Engineer Position with
comparable positions at nearby Ports. A Port Engineer position was not available at nearby ports, as the
function is more unique to a developing port vs. an operating port. A comparable position was found on a
nationwide basis, with the median salary at $86,089.
Based upon the results of the salary survey and based upon the inability to fill the position at the
advertised pay grade, Public Works Staff recommends increasing the pay grade from pay grade 25 to pay
grade 26 for the Port Engineer Position.
Packet Pg. 88
8.N.4
Staff recommends hiring a Port Engineer within the pay grade 26 range between $55,122.66 to
$88,156.55. Staff also recommends hiring the position at a salary which is above the midpoint of the
salary range.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in 140001-4310-512000-400 - Salaries and 140001-4310-337910-400 - City of Fort
Pierce match.
RECOMMENDATION:
Staff recommends approval to hire a Port Engineer within the salary range of pay grade 26, at a starting
salary of $82,617.80, and a 5% increase upon completion of a six month probationary period.
COMMISSION ACTION:
Coordination/Signatures
/z-)Wdo
Danie S. McIntyre, C my ttorney 1/28/2016
Updated: 1/29/2016 10:03 AM by Katrina Slay Page 2
Packet Pg. 89
8.N.4.a
TO: Howard Tipton, County Administrator
FROM: Don West, Public Works Department Director$
DATE: January 13, 2016 1
SUBJECT
Request to Reclass a Position -Port Engineer
Reclassification Request No. RPR 16008
Current
Proposed
Title
Port Engineer
Port Engineer
Pay Grade
25
26
Union Position
❑Yes
❑■
No
Explanation:
The attached job description for the position was written based upon the job duties and functions currently being performed by the
Port Director. The job involves extensive communication with the City and County elected officials and Staff. Likewise, the job
involves extensive communication with the State of Florida Department of Transportation and Florida Seaport Transportation and
Economic Development officials, as funding partners.
The majority of qualified applicants that were interviewed for the Port Engineer position have all requested salaries that exceed the
selected pay grade and salary range.
Staff performed a salary survey to compare the salary range of the Port Engineer Position with comparable positions at nearby
Ports. A Port Engineer position was not available at nearby ports, as the function is more unique to a developing port vs. an
operating port. A comparable position was found on a nationwide basis, with the median salary at $86,089.
Based upon the results of the salary survey and based upon the inability to fill the position at the advertised pay grade, Public
Works Staff recommends increasing the pay grade from pay grade 25 to pay grade 26 for the Port Engineer Position. The salary
range for pay grade 26 is $55,122.66 to $88,156.55.
We thank you in advance for your consideration.
Funds available in Account #
140001-4310-512000-400
Approved 1^ 1 / Not Approved
F07
Approved ❑ Not Approved ❑
Ashe y Hepburn, rec or
Approved Not Approved ❑
iC 1
' CountVWdministrator
Packet Pg. 90
JOB CODE:
PAY GRADE: 26
SALARY: $55,126.66 - $88,156.55
PORT ENGINEER
MAJOR FUNCTION: Assist the Public Works Director in administering the operation and development of the Port of Fort
Pierce. Responsible administrative and technical management of port projects from conceptual approval through final
construction.
KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE
ESSENTIAL JOB FUNCTIONS OF THE POSITION:
Knowledge: Knowledge of capital project management. Knowledge of office management, principles and practices.
Knowledge of County processes and procedures for fiscal management of projects, bidding process and procurement.
ABILITIES: Ability to establish and maintain effective working relationships with consultants, the general public, employees
and agency officials. Ability to supervise, plan, review and evaluate technical engineering projects, designs and specifications.
Ability to communicate clearly and concisely, orally and in writing and make presentations to the Board of County
Commissioners.
SKILLS: Skills in design engineering practices and contract administration and project management techniques, including
planning strategies to maintain project schedules and identify critical paths.
ESSENTIAL JOB FUNCTION: Assist the Public Works Director in administering the operation and development of the Port
of Fort Pierce. Duties and responsibilities of the Port Engineer include:
Management and administration of the port capital projects design, permitting and construction implementation. Coordinate
with Consultant Engineer and various regulatory Agencies to obtain permits and construct projects in compliance with
Federal, State and Local regulations.
Coordinate the submission of grant applications for Port project funding. Administer the fiscal control of grant contracts for
Port projects.
Conduct and attend meetings with stakeholders and Local Agency Officials to coordinate projects, policies and port
operations. Assist in the budget preparation for the port capital and operations budgets.
Participation in the statewide port organizations as a voting member alternate including: Florida Ports Council (FPC), Florida
Seaport Transportation and Economic Development Council (FSTED), Florida Seaport Environmental Management Committee
(SEMC) and the Florida Port Financing Commission (FPFC).
Coordination with the Florida Ports Council and Florida Department of Transportation to update the Port Master Plan and
port -related policy documents. Provide annual updates to port data and statistics for the statewide annual report.
Provide Staff support to the County Harbor Advisory Committee and attend monthly meetings.
ESSENTIAL PHYSICAL SKILLS: Occasional walking and standing. Ability to occasionally lift 30 pounds. Ability to
communicate concisely orally and in writing.
ENVIRONMENTAL CONDITION REQUIREMENTS: Work both outside and inside the office.
ENVIRONMENTAL PHYSICAL SKILLS: Ability to tolerate variable weather conditions.
WORK HAZARDS: Fieldwork will require mobility skills over variable terrain. Occasional traffic and heavy equipment.
EDUCATION: Graduation from an accredited four-year college or university with a degree in engineering.
EXPERIENCE: Five -years' experience in the field of public works and engineering, including experience in administering
Pubic Works or construction contracts. Must be a Registered Engineer (or the ability to obtain within one year) in the State
of Florida. Skills in design engineering, contract administration, project management techniques and planning strategies. A
comparable amount of training or education may be substituted for two years of experience.
LICENSE, CERTIFICATION OR REGISTRATION: Florida Professional Engineer's Registration. Florida driver's license and a
good driving are required.
Union Non -Union I Exempt Non -Exempt
Packet Pg. 91
Port Engineer Salary
8.N.4.c
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Port Engineer Salary (United States)
With more than two-thirds of Port Engineers in the United States reporting more than 10 years of
experience, the field is heavily weighted toward experienced professionals. Average pay for Port
Engineers is $86K per year and can range from $61 K on the lower end to $119K per year near the
higher end. Career duration and the particular city each impact pay for th is group, with the former
having the largest influence. Almost all report receiving medical coverage from their employers and a
large number collect dental insurance. Most Port Engineers like theirwork and job satisfaction is high.
The figures in this overview were provided by individuals who took PayScale's salary questionnaire.
$60K $72K $86K $99K $120K
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10% 25% 50% 75% 90%
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Show Hourly Rate
National Salary Data (?) $0 $S0K $100K $150K -
Salary $59,867 - $118,869w
Bonus $0.00 - $9,532
Profit Sharing $5,500
Total Pay(?) $60,561 - $118,851
Country: United States I Currency: USD I Updated: 20 Sep 2015 1 Individuals Reporting: 92
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http://www.payseale.com/research/TJS/Job=Port—Engineer/Salary 12/22 Packet Pg. 92
Port Engineer Salary
8.N.4.c
Is Port Engineer yourjob title? Get personalized salary report!
Location:
Years in Field/Career:
United States (change)
Job Description for Port Engineer
Port engineers are responsible for providing engineering support in a port setting. They are in
charge of completing engineering tasks and managing a group of port specialists. They are the
first point of contact for technical staff. They identify possible engineering flaws and strive to fix
them or delegate tasks in a timely manner. They also complete maintenance tasks on a regular
basis and follow specific maritime protocols. They manage contractors onboard and follow strict
safety procedures to prevent accidents. They work in a port environment, close to vessels, boats,
and other port equipment. They can perform well in a team settingwith other engineers to find
solutions to port issues. However, they can also work on their own with min imal supervision. They
are organized and pay close attention to detail. They help define schedules and priorities when
cargo is involved. They report their progress to the port supervisor in their department. They also
are responsible for ordering new parts and reviewing expenses.
Read More...
Port Engineer Tasks
Estimate and plan budgets for fleet maintenance.
Monitor and update documentation and maintenance plans.
Coordinate vessels and crew for shipyard repairs.
Approve, coordinate and make appropriate adjustments for non -routine repairs.
Port Engineerjob Listings
Staff Engineer- Port St. Lucie
Nov12
Tetra Tech - Port Saint Lucie, FL
Staff Engineer - Port St. Our Port St. Lucie, Florida office has an entry level opportunity for a staff engineer to work on a wide range of
geotechnical... -Indeed
Mobile HVAC Engineer- West Palm Beach/Port St Lucie
Dec 02
Jones Lang LaSalle -Jupiter, FL
Position Summary. • The Mobile Technician will perform annual preventive maintenance work within a given geographic territory. This
will include hands-on -Indeed
jobs by indeed
http://www.payscale.com/research/US/Job=Port—Engineer/Salary
12/2 Packet Pg. 93
Port Engineer Salary
8.N.4.c
Search for more jobs:
Job Title/Company Location
Job Title, Skills or Company City, State or Zip
This chart shows the most popular skills for this job and what effect each skill has on pay.
I
Port Engineers who responded to the survey indicated only a few skills that th ey use on the job.
Naval Engineering and Project Management are considered valuable skills and can increase
employee pay by 5 percent and 3 percent, respectively. Competency in Naval Engineering
frequently indicates knowledge of Project Management.
Pay by Experience Level for.
$120K
$11OK
$100K
$90K
$80K
$70K
$60K
$50K
$40K Ii I !
Entry -Level Mid -Career Experienced Late -Career
0-5 yrs 5-10 yrs 10-20 yrs >20 yrs
Median of all compensation (including tips, bonus, and overtime) by years of experience.
w
Q
http://www.payscale.com/research/US/Job=Port—Engineer/Salary
12/22 Packet Pg. 94
8.N.5
ITEM NO. (ID # 3345)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Don West, Public Works Director
Public Works
DATE: 02/09/2016
*CONSENT AGENDA\PUBLIC
WORKS
North 2nd Street Change Order No. 7 with Mancil's Tractor Service, Inc.
The North 2nd Street Improvement Project involves a partnership between the Florida Department of
Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County.
North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road
provides access to most of the existing business located at the Port, as well as access to the undeveloped
vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground
utilities are owned and maintained by FPUA.
The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all
existing utilities and construction of a new stormwater management system.
The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection
system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains,
sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems.
A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of
each entity involved in the partnership.
St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce
is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and
certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is
providing construction, inspection, and certification of the utility construction.
The attached Contractor's Change Order No. 7 involves plan changes requested by the City of Fort Pierce.
The City Engineer requested wooden caps to be installed on the diversion walls located in the Stormwater
ponds. This aesthetic feature will insure uniformity in the three (3) ponds. A wooden cap was installed on
Packet Pg. 95
8.N.5
the diversion wall located in the Harbor Pointe pond, for structural and aesthetic reasons. (See attached
photo).
The attached proposal from Mancil's Tractor Service, Inc., in the amount of $12,560.63 provides for
installation of wooden caps on the two (2) remaining diversion walls.
The City Engineer also requested a solar -powered pedestrian crosswalk signal to be consistent with City
crosswalk standards. (See attached photo). The crosswalk signal will be installed at the extreme north end
of Second Street, adjacent to the cul-de-sac turnaround. The attached proposal from Mancil's Tractor
Service, Inc., in the amount of $3,775.05 provides for the additional cost to install the requested solar -
powered signal consistent with City standards.
The attached letter from Mr. Jack Andrews, City Engineer, provides a basis for the requested plan
changes.
PREVIOUS ACTION:
September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation
of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44
June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements
November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the
amount of $5,805,148.13
February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution
establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500
December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road
Improvements.
FINANCIAL IMPACT:
Funds are available in the Port Budget Fund No. 140376-4315-563000-46502
RECOMMENDATION:
Staff recommends Board approval of St Lucie County's Change Order No. 7 with Mancil's Tractor Service,
Inc. In the amount of $16,285.68, and authorization for the Chairman to execute the change order as
approved by the County Attorney.
Updated: 1/22/2016 4:49 PM by Susan Durden Page 2
Packet Pg. 96
8.N.5
Coordination/Signatures
Con Wept, Public Works Directo 016
aaniiefS. Manie . McIntyre, C my ttorney 1/28/2016
Updated: 1/22/2016 4:49 PM by Susan Durden Page 3
Packet Pg. 97
Gve.+,, CID
Mancil's Tractor Service, Inc.
Earthwork, Roadways, Storm Drain & Underground Utilities
8530 SW iayme Way, Palm City, FL 34990
Office (772) 288-0951 Fax (772) 288-0983
CHANGE ORDER REQUEST
DATE: 12/7/2015 BID TO: ST LUCIE COUNTY PUBLIC WORKS
PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST
PROJECT # 14-056 PHONE: (772) 462-1485
PREPARED BY: MARK DANNUNZIO EMAIL: Westd[C75tIudeCD.oLg
WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER FOR THE COSTS ASSOCIATED WITH THE ADDED WOODEN CAP ON THE
DIVERSION WALLS ON POND 1 AND POND 3.
ITEM I DESCRIPTION I CITY I UNIT I UNIT COST I TOTAL
1 IWOODFN CAP ON DIVERSION WALLS 375.0 LF 1 $ 33.00 1 $ 12,375,00
2 JADDITIONAL BOND ON THE ADDED COST OF $12375.00 (1.5%) 1.0 LS $ 185.63 1 $ 185,63
TOTAL $ 12,560.63
TERMS & CONDITIONS:
THIS CHANGEORDER ISSUBIECT TO THESAME TERMS AND CONDITIONS OF THE PROJECTCONTRACT.
RESPECTFULLY SUBMITTED BY:
DON R. MANCI L, JR.
Page 1 of 1
ACCEPTED BY:
NAME:
TITLE:
DATE:
Packet Pg. 98
tau Pj-�41 A 8.N.5.a
Mancil's Tractor Service, Inc.
Earthwork, Roadways, Storm Drain & Underground Utilities
8530 SW Jayu:e Way, Palen City, FL 34990
Office (772) 288-0951 Fax (772) 288-0983
REVISED CHANGE ORDER
DATE: 11/13/2015 BID TO: ST LUCIE COUNTY PUBLIC WORKS
PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST
PROJECT # 14-056 PHONE: (772) 462-1485
PREPARED BY: MARK DANNUNZIO EMAIL: WeStd(ftfIUC[eCO.OEC]
WE RESPECTFULLY SUBMITTHE FOLLOWING CHANGE ORDER FORTH E C05TS ASSOCIATED WITH THE UPGRADE OF THE SOLAR PEDESTRIAN
CROSSWALK SIGN TO A TAPCO BLINKERSIGN W11-2.
ITEM I DESCRIPTION I CITY I UNIT I UNIT COST I TOTAL
CREDIT FOR CONTRACT COST ON TS-40 SOLAR PEDSTRIAN SIGN. COST
1
WAS BASED ON DIRECT BURY OPTION INCLUDING A 4" OD FDOT POST
-2.0
EA
$ 2,750.00
$ (5,500.00)
AND UNIT INSTALLATION.
REVISED COST ON 30" TAPCO BLINKERSIGN W11-2. COST INCLUDES 24"L
2
X 24" W X 48" DEEP CONCRETE FOOTER BASF, INSTALLATION FOR
2.0
EA
$ 4,585.00
$ 9,170.00
FOOTER, 4.5" OD POST, BASE, CAP, J BOLTS AND UNIT INSTALLATION.
5
JADDITIONAL BOND ON TH E ADDED COST OF $3670 (1.5%)
1.0
LS
$ 55.05
$ 55.05
TOTAL
$ 3,725.05
TERMS & CONDITIONS:
THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT.
RE PE FULLYSUBMRTED BY:
DON R. MANCIL, JR.
Page 1 of t
ACCEPTED BY:
NAME
TITLE:
DATE:
Packet Pg. 99
CHANGE ORDER
ST. LUCIE COUNTY
8.N.5.b
PROJECT:
(name, address)
North 2nd Street
Roadway Improvements
Ft. Pierce, Florida
TO (Contractor):
Mancil's Tractor Service, Inc.
8530 SW Jayme Way
Palm City, Florida 34990
You are directed to make the following changes in this contract:
(Additional sheet attached as Exhibit A - Yes Ne)
See attached exhibit "A", consisting of 1 page
CHANGE ORDER NUMBER.
INITIATION DATE:
CONSULTANT'S PROJECT NO.:
ST. LUCIE COUNTY
CONTRACT NO:
CONTRACT DATE
The original (Contract Sum) was
Net change by previous authorized Change orders
The (Contract Sum) prior to this Change order
The (Contract Sum) will be (increased, decreased OF unGhanged) by this Change Order
The new (Contract Sum) including this Change order will be
The Contract Time will be (iAGFeased, decreased o unchanged) by
The Date of Substantial Completion as of the date of this Change Order therefore is:
Funds Available: Account Number
Substantial:
Final:
No. 07
December 8, 2015
C14-11-668
November 18, 2014
$ 5,218,117.88
$ 606,809.21
$ 5,824,927.09
$ 16,285,68
$ 5,841,212.77
( ) Days
The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment
due or owed the Contractor for the work or changes defined in this Change Order_ By executing this Change Order, the Contractor
acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the
Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative
impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord
and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused
directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents.
Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable
adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All
work performed under this Change Order shall be performed in accordance with the contract specifications.
CONTRACTOR:
Mancil's Tractor Service, Inc.
Contractor.,
8530 SW Ja me Way, Palm City, FL 34990
Addre �— >
12/17/2015
BY Date:
ATTEST:
Deputy Clerk
APPROVED:
Public Works Department
Sf. Lucie County Department:
2300 Virginia Avenue, Ft. Pierce, FL 34982
Address
By: Don West, Director Date:
AUTHORIZED:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
By: Chairman Date,
Approved as to Form and Correctness:
County Attorney
Packet Pg. 100
10/08/2015
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TRAFFIC & PARKING CONTROL CO., INC.
�: Solar Powered
mr: No AC Power Required
w: Easy Installation
w. MUTCD Combliant
lv&rld Proprietary Day-VizT" Circuitry
Blinker5igns"
TAPCO's brilliant innovation of enhancing traffic
signs with LEDs (Light -Emitting Diodes) makes
intersections safer, reduces accidents and saves lives!
Day -Viz"' (Daylight Visible BlinkerSigns) feature an
array of incredibly bright LEDs that flash in unison,
once per second, commanding the attention of
drivers DAY AND NIGHT,
I
GSA Contract Holder Patents #6,943,698; #6,693,556
FSS C-Wrarl GS')/F:.1
2]R
3�,7Fa:.3IU Other Patents Pending
U# 031084S PUZ 4PoN
Sti££) uBIS uela;sapad paaannod MIC'S;aaa}S PU030S :0-g-N•81uawy3e11V
• Installs easily onto any
new or existing sign post
• Can be integrated into
an ITS (Intelligent
Transportation System)
High intensity Day-Viz1'
LEDs command attention
day and night
Can be programmed to
operate continuously (2417)
or on solar time clocks,
push -buttons and motion
(vehicle) detectors
Proprietary circuitry
automatically adjusts
light output for maximum
visibility and battery
efficiency
• Multiple signs can be
synchronized
• Heightened driver
awareness
Increased visibility at high
incident intersections
APPLICATIONS
New crosswalk locations
High incident intersections
• Rural roads
• Advance crosswalk
warnings
Patents #6,943,698; #6,693,556
Other Patents Pending
Sign Specification- MUTCD #W11-2
Sign Substrate
.080 Highway Grade Aluminum
Reflective Sheeting
FYG- 3M'm DG31m- with anti -graffiti overlay
MUTCD Compliance
Day-VizTM Management System
Battery
MUTCD Section 2A.08 Compliant
(patent pending)
Nickel Metal Hydride (NiHM)-14,000mAh
Battery Lifespan
Up to 5 years
Autonomy- Functionality without Charge Up to 30 days in 24/7 operation
Flash Pattern
MUTCD Compliant
LED Type
High Power Luxeon-1 watt
LED Life Expectancy
Warranty
Term
Smart Activation Options
2417 continuous
Over 100,000 hours
1 Full Year Warranty
Time clock activation (Windows based software programmable)
Wireless control activation
Vehicle detection activation
'All specifications subject to change without notice.
For complete specifications and details
call or visit www.tapconet.com
5100 W. Brown Deer • Brown Deer, WI 53223
Ph: 262.814.7000 - 800.236.0112
Fax: 262.814.7017.800.444.0331
www.tapconet.com • www.tapcostore.com
Distributed By:
8.N.5.f
CITY OF FORT PIERCE
DEPARTMENT OF ENGINEERING
Roadway Design, Engineering Reviews, Stormwater Utility Management,
Project Management, Traffic Control and Maintenance
ti
January 28, 2016 0
U
r
Don West, P.E. Public Works Director L
St. Lucie County v,
2300 Virginia Avenue
cm
Fort Pierce, FL 34982
0
SUBJECT: 2"d Street — Solar Cross -walk Sign / Diversion Wall Cap Z
M
M
Dear Don: L_
I have had an opportunity to review the shop drawing provided for the solar powered
illuminated cross walk signs for the 2"d Street project. I respectfully request the
contractor to utilize the City's standard illuminated sign, Tapco W11-2 solar sign with a
concrete base for the 2nd Street project.
In addition, I would like to request the same cap treatment that was utilized on the
diversion wall in Pond 2A be standard treatment to be used on Pond 3 and Pond 1A
diversion walls.
T44 you for your consideration in regards to these matters.
Sin
John R. Andrews, P.E.
City Engineer
J RA/j ra
Cc: Marcelo Dimitnou, P.E. — Culpepper and Terpening, Inc.
QAENGINEERING\STREETS\2ND ST\STREET PROASEAWAY DRIVE TO TAYLOR CREEK MARINA\2015\REQUEST TO D WEST MATERIAL SUBSTITUTION - 012816. DOC
P.O. Box 1480 0 FORT PIERCE, FL 34954-1480 0 772-460-2200 EXT. 143
Packet Pg. 105
9.A.1
ITEM NO. ORD-2016-2
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: 02/09/2016
*PUBLIC HEARINGS\COUNTY
ATTORNEY
SUBJECT: Ordinance - 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:
This Board granted permission to advertise the draft ordinance on January 26, 2016. Notice of the public
hearing was published in the Tribune on January 30, 2016.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board adopt the Ordinance and authorize the Chairman to sign the ordinance.
COMMISSION ACTION:
Packet Pg. 106
9.A.1
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 2/2/2016
Updated: 1/27/2016 12:40 PM by Carol Bishop Page 2
Packet Pg. 107
9.A.1.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. 108
9.A.1.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, 2 January
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-eugh passages are deleted.
Packet Pg. 109
9.A.1.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. 110
9.A.1.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. 111
10.A.1
ITEM NO. (ID # 3361)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/09/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
Verada Ditch Improvement Project - Settlement Agreement
On January 26, 2016 the Board approved a proposed Settlement Agreement for the Verada Ditch
Improvement Project. A copy of the Agenda Request to the Board is attached. One of the
recommendations that the Board approved on January 26 was to authorize a letter to be sent to the
carriers for Miller Legg/Anderson-Andre to include a settlement demand of $1,300,000.00. The letter to
the carriers was sent. In response, the County received a response that the carriers are willing to fund
$1.23 million with the remaining $77,000.00 to be paid by Miller Legg by providing in -kind services (i.e.
reducing Miller Legg's invoices to the County by 25% until the deducted amount reached the $77,000.00
amount). County staff recommends that the Board accept this offer. If the Board determines to accept
the offer the cost of repairs will be almost fully funded by the settlement funds.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the settlement offer outlined above.
COMMISSION ACTION:
Packet Pg. 112
10.A.1
Coordination/Signatures
ianiey'S. McIntyre, CAtorney 2/4/2016
updated: 2/1/2016 1:08 PM by Stephanie Bush Page 2
Packet Pg. 113
10.A.1.a
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\COUNT
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. 114
10.A.1.a
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. 115
10.A.1.a
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:
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Chris Dzadovsky, District No. 1, Vice -Chairman
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
Coordination/Signatures
Danial S. McIntyre', Crunty Attorney 1/15/2016
updated: 1/14/20164:05 PM by Katrina Slay Page 3
Packet Pg. 116
10.A.2
ITEM NO. RES-2016-20
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/09/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
St. Lucie County vs. Department of Juvenile Justice - Resolution Authorizing
the County to Dismiss Pending Litigation Against the Department
St. Lucie County had previously instituted three separate administrative challenges to the end of year
reconciliation prepared by the Department of Juvenile Justice ("DJJ") as to the County's purported share
of the costs for secure juvenile detention. These four years are for fiscal years 09-10, 10-11, 11-12 and
12-13. Each of these was based upon a rule that was adopted in 2010 by DJJ which was ultimately
invalidated by the Administrative Law Judge and that was upheld on appeal. Following remand from the
appeal on the rule challenge, DJJ entered into a Joint Stipulations of Fact and Procedure to resolve the
three administrative challenges. Those stipulations established that St. Lucie County had overpaid the
following amounts to DJJ:
FY 09-10
$1,436,521.82
FY 10-11
$900,090.51
FY 11-12
$645,087.93
FY 12-13
$935,220.40
TOTAL
$3,916,920.66
The Joint Stipulation was submitted and approved by the Administrative Law Judge and all that was left to
be done was that DJJ was to enter a final order incorporating the Joint Stipulation of Facts and
Procedures.
On January 9, 2015, DJJ entered a Final Order for each of those fiscal years but ignored their stipulation
and the agreement and recalculated those amounts based upon a rule that was adopted in 2014 (and
which is being challenged). In addition to the appeals referenced above, St. Lucie County filed an action in
Packet Pg. 117
10.A.2
Circuit Court against DJJ seeking a refund for amounts owed to the County as well as contesting the
reconciliation for FY 12-13 and FY 14-15. DJJ continues to refuse to reimburse the overpayments.
Senate Bill 1322 and House Bill 1279
Attached is a copy of Senate Bill 1322 and House Bill 1279 ("Bills"). The Bills propose to change the
formula for funding juvenile detention to 50% County - 50% State. The proposed change would result in a
significant savings to Counties as the current formula is 57% Counties - 43% State. For the 2016-17 fiscal
year, the Bills provide that the Counties would pay a percentage share of $42.5 million (the current
amount is $56 million). Under this scenario, St. Lucie County would save $368,444.23 in fiscal year 16-17.
(Copy of DJJ cost sharing model prepared by the Florida Association of Counties is attached.) In addition
the Bills provide that the Counties share would be calculated based on actual costs of the prior year.
Currently, the Counties share is calculated based on estimates.
The Bills sponsors have indicated to the Florida Association of Counties (and others) that support for the
Bills is conditioned on all Counties agreeing to dismiss pending litigation against DJJ pertaining to
overcharges by DJJ for secure juvenile detention.
Discussion
Criminal Justice Coordinator Mark Godwin has attempted to analyze the financial impact to St. Lucie
County if the Bills are adopted and become law. According to Mr. Godwin (and the Florida Association of
Counties) St. Lucie County would save $368,444.23 in fiscal year 16-17 if the Bills passed. Mr. Godwin
estimated that St. Lucie County would save at least $200,000.00 per year for future years assuming the
per bed day cost did not increase.
In terms of the pending litigation against DJJ it is clear that DJJ has overcharged Counties millions of
dollars for secure juvenile detention. The amount DJJ overcharged St. Lucie County is $3,916,920.66. The
problem in the litigation has always been how to recover the amount of overcharges. Recovery could
occur in one of two ways: First, the Florida Legislature could appropriate the funds. This action would be
at the discretion of the Legislature and, to date, has not occurred. Second, a Court could require DJJ to
grant the Counties a credit for the amount of overcharges against future bills. Although the required
imposition of credits would be equitable (from the perspective of the Counties) there are no guarantees
that a Court would be willing to grant this relief. In other words, there is a real possibility that the
Counties could establish that DJJ overcharged the Counties but still not be able to recover the
overcharged amounts from the State.
If the Bills pass, Counties have the certainty that the Counties funding levels would be reduced so that
overcharges would be "paid back" over time. Since the proposed solution involves the legislative process,
there is an element of good faith involved. As an example, nothing would prevent a subsequent
legislature from changing the formula to the Counties' detriment. If, however, the Counties dismiss the
pending litigation as requested, those claims would be waived.
Staff has drafted a resolution which, if adopted, would direct the County Attorney to dismiss pending
litigation against DJJ within ten days after the Governor of the State of Florida signs a law (or allows the
law to become effective without his signature) amending the funding distribution formula to provide that
counties will pay no more than 50% of the actual cost of secure juvenile detention. A copy of the draft
Updated: 2/4/2016 4:37 PM by Stephanie Bush Page 2
Packet Pg. 118
10.A.2
resolution is attached.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board:
Adopt the Resolution as drafted and authorize the Chairman to sign the Resolution.
COMMISSION ACTION:
Coordination Signatures
Updated: 2/4/2016 4:37 PM by Stephanie Bush Page 3
Packet Pg. 119
10.A.2.a
Florida Senate - 2016 SB 1322
By Senator Latvala
20-01641C-16 20161322
1 A bill to be entitled
2 An act relating to juvenile detention costs; amending
3 s. 985.686, F.S.; defining a term; revising the annual
4 contributions by certain counties for the costs of
5 detention care for juveniles; revising the methodology
6 by which the Department of Juvenile Justice determines
7 the percentage share for each county; requiring the
8 state to pay all costs of detention care for juveniles
9 residing out of state and for certain postdisposition
10 detention care; deleting a requirement that the
11 Department of Revenue and the counties provide certain
12 technical assistance to the Department of Juvenile
13 Justice; revising the applicability of specified
14 provisions; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (c) is added to subsection (2) of
19 section 985.686, Florida Statutes, present subsections (9) and
20 (11) of that section are redesignated as subsections (8) and
21 (10), respectively, and subsections (3) through (7) and present
22 subsections (8) and (10) of that section are amended, to read:
23 985.686 Shared county and state responsibility for juvenile
24 detention.-
25 (2) As used in this section, the term:
26 (c) "Total shared detention costs" means the amount of
27 funds expended by the department for the costs of detention care
28 in a calendar year, minus any funds it expends on detention care
29 for juveniles residing in fiscally constrained counties or out
30 of state and for postdisposition detention care in those
31 counties that provide their own predisposition detention care
321 for juveniles.
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10.A.2.a
Florida Senate - 2016 SB 1322
20-01641C-16 20161322
33 (3)(a) For the 2016-2017 fiscal year, each county that is
34 not a fiscally constrained county shall pay to the department
35 its annual percentage share of $42.5 million. By June 1, 2016,
36 the department shall calculate and provide to each such county
37 its annual percentage share by dividing the total number of
38 detention days for juveniles residing in that county in the
39 prior calendar year by the total number of detention days for
40 juveniles in all counties that are not fiscally constrained
41 counties in the prior calendar year. Beginning July 1, 2016,
42 each county shall pay to the department its annual percentage
43 share of $42.5 million, which shall be paid in 12 equal payments
44 due on the first day of each month. The state shall pay the
45 remaining actual costs of detention care. This paragraph expires
46 June 30, 2017.
47 (b) For the 2017-2018 fiscal year, and each fiscal year
48 thereafter, each county that is not a fiscally constrained
49 county shall pay its annual percentage share of 50 percent of
50 the total shared detention costs for the prior calendar year. By
51 February 1, 2017, and each year thereafter, the department shall
52 calculate and provide to each such county its annual percentage
53 share by dividing the total number of detention days for
54 juveniles residing in that county in the prior calendar year by
55 the total number of detention days for juveniles in all counties
56 that are not fiscally constrained counties in the prior calendar
57 year. The annual percentage share of each county that is not a
58 fiscally constrained county must be multiplied by 50 percent of
59 the total shared detention cost for the prior calendar year to
60 determine that county's share of detention costs. Beginning July
61 1, each county shall pay to the department its share of
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10.A.2.a
Florida Senate - 2016 SB 1322
20-01641C-16 20161322
62 detention costs for the prior calendar year, which shall be paid
63 in 12 equal payments due on the first day of each month. The
64 state shall pay the remaining actual costs of detention care
65 wee id n t y shall pay the -ee s t s o f r e v i ding ele tenie n e-ar-e-,
66
67 e e m a l ems t h eL-apeutre-s efod:eesane $ r. 5 ----11- - n r=--= c d
68 f e iadeld:ti e ns-1 real as-Ei fRe n t a! 1-ieal t h ear=a t the -Ei e t e_ tie n
69 eentei=s—€erjidvenlles €ems the peried of tiffte prier te-final
70 eeidict- e =si esiti---. Thie-departRient shal-develep an aeeesnts
71 payalale-system-te-alieBate-eests that are payable - y the
72 eetinties .
73 (4) P4etwithstarrddmng stilaseet-ien-(,) , The state shall pay all
74 costs of detention care for juveniles residing in €er-w€rien a
75 fiscally constrained county and for juveniles residing out of
76 state. The state shall pay all costs of postdisposition
77 detention care for those counties that provide their own
78 predisposition detention care for juveniles weed- ether -wise lae
79 haillea.
80 ,
81 Fftetheeielegy fer deterffiining the affteunt-ef eaeh fieeally
82 eenst-i-aiTed- e eu n t y' s ee s ts--e f d-e tee n e a fe-€e Ott v eniles , €e r
83 the -pei -e ei ef tiffte-pfiei-te final eeidrt elispesitien, whd:eh fftus4c-
84 Jaepaidlay the state. At --a Ftinlfftuftt, th=- ffteth eie M. 7 l�
._e}-
8 5 ee n s i dew--thed i €tee eeee-between the -aftte u n t , ja p r a t e �-' t o the
--rr-fir-----_. ... ... .._....
86 de p a rt-tte nt-€ e r e€ is e tti n g the -ee st-s a s s e ei a t ed-wt h the
87 a s s i g-nEte rt-e f juvenile pretfial de tent= e n e mp ens es to the
88 fiscally eenst—Lc;-rineel eetinty and 'etetal estiiitateei eests to the
89 f is eally ee n stra iced-eery-€er- the f i-s ea lye ai-,-e f de tentie n
90 eare ferjuveniles €er- the -ieried e€ tiffieprier to final eeart
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10.A.2.a
Florida Senate - 2016
SB 1322
91
92
20-01641C-16
eiis ---}=---_
(b) Stibjeette-leglslatipe
20161322
based the
93
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94
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95
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96
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97
98
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99
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102
103
104
105
106
107
eests,
ems-fiseally eenstL-a- 6 n eel ee
(5) Each county that
shall incorporate into its
to pay its annual percentage
id n t-ies .
is not a fiscally constrained county
annual county budget sufficient funds
share of 50 percent of the total
shared detention costs for
€eic ,d I l
the prior calendar of detentien-eare
that m f ie ire
108
� v en e s wh e- f es -id
f4:nar-eetry-e1isjges-it4:en.
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piiefe
the -psi f
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110
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that
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re a -re
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111
nesidents ez e
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ts the i3 f
112
e e-es4eifftateel
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ee s at egg} g e eaeh
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113
men r enee
ee ts-shall )Be
d
s fe-ted-ee s s anei aet-tia-1-
fi
114
115
116
117
118
s r e ee eezl
(6) Funds paid by
e at-the-endefhestate s eal year.
the counties to the department pursuant
to this section must be deposited
e<epe rtment-€ems dejaes t into the Shared County/State Juvenile
Detention Trust Fund its he-ef the -eeunty=s-total-eests fee-
tien iE)eseel l by
119
juven44e-dete n ,
dep ar tfnen t-with input f
iceft-h
dje e n-e a eslatie n s--pidbl}she e tri;t' c
e ee u n-ti en .
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10.A.2.a
Florida Senate - 2016
SB 1322
120
121
122
123
124
125
126
127
128
129
130
131
132
20-01641C-16 20161322
(7) The department of 4tivenlle-4rstiee shall determine each
quarter whether the counties et this state are remitting funds
as required to the-departffient their shaLce ef the eesis--ef-
eeteet-ien as required by this section.
(8) The Beparrtffient e f Revenue and the-eeidnres shall
pfe de teehnieal assistanee-a s n Bees sa f y tethe ae p artffien t e f
4uvenire-4u st-iee-in-eiceiefte Eiev el e pthe -fea t eeat- e f f e e t-i v e
(9)(10) This section does not apply to a a-ny county that
provides detention care for preadjudicated juveniles or that
contracts with another county to provide predisposition
detention care for p rea6jiddiea}cd juveniles.
Section 2. This act shall take effect upon becoming a law.
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10.A.2. b
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1279
2016
1 A bill to be entitled
2 An act relating to juvenile detention costs; amending
3 s. 985.686, F.S.; defining a term; revising the annual
4 contributions by certain counties for the costs of
5 detention care for juveniles; revising the methodology
6 by which the Department of Juvenile Justice determines
7 the percentage share for each county; requiring the
8 state to pay all costs of detention care for juveniles
9 residing out of state and for certain postdisposition
10 detention care; deleting a requirement that the
11 Department of Revenue and the counties provide certain
12 technical assistance to the Department of Juvenile
13 Justice; revising the applicability of specified
14 provisions; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (c) is added to subsection (2) of
19 section 985.686, Florida Statutes, present subsections (9) and
20 (11) of that section are redesignated as subsections (8) and
21 (10), respectively, and subsections (3) through (7) and present
22 subsections (8) and (10) of that section are amended, to read:
23 985.686 Shared county and state responsibility for
24 juvenile detention.-
25 (2) As used in this section, the term:
26 (c) "Total shared detention costs" means the amount of
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hb1279-00
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10.A.2. b
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1279
2016
27 funds expended by the department for the costs of detention care
28 in a calendar year, minus any funds it expends on detention care
29 for juveniles residing in fiscally constrained counties or out
30 of state and for postdisposition detention care in those
31 counties that provide their own predisposition detention care
32 for juveniles.
33 (3)(a) For the 2016-2017 fiscal year, each county that is
34 not a fiscally constrained county shall pay to the department
35 its annual percentage share of $42.5 million. By June 1, 2016,
36 the department shall calculate and provide to each such county
37 its annual percentage share by dividing the total number of
38 detention days for juveniles residing in that county in the
39 prior calendar year by the total number of detention days for
40 juveniles in all counties that are not fiscally constrained
41 counties in the prior calendar year. Beginning July 1, 2016,
42 each county shall pay to the department its annual percentage
43 share of $42.5 million, which shall be paid in 12 equal payments
44 due on the first day of each month. The state shall pay the
45 remaining actual costs of detention care. This paragraph expires
46 June 30, 2017.
47 (b) For the 2017-2018 fiscal year, and each fiscal year
48 thereafter, each county that is not a fiscally constrained
49 county shall pay its annual percentage share of 50 percent of
50 the total shared detention costs for the prior calendar year. By
51 February 1, 2017, and each year thereafter, the department shall
52 calculate and provide to each such county its annual percentage
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hb1279-00
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10.A.2. b
F L O R I D A H O U S E O F RE P RES ENTATIVES
HB 1279
2016
53 share by dividing the total number of detention days for
54 juveniles residing in that county in the prior calendar year by
55 the total number of detention days for juveniles in all counties
56 that are not fiscally constrained counties in the prior calendar
57 year. The annual percentage share of each county that is not a
58 fiscally constrained county must be multiplied by 50 percent of
59 the total shared detention cost for the prior calendar year to
60 determine that county's share of detention costs. Beginning July
61 1, each county shall pay to the department its share of
62 detention costs for the prior calendar year, which shall be paid
63 in 12 equal payments due on the first day of each month. The
64 state shall pay the remaining actual costs of detention care
65 ,
66 emel ti s dove-ef the -eel ef any e a d-}ueire a t eL-y n-- f= 6 i= a,
67 edueatiena! ef thefapetit-re-ser;view and $2 . 5 -fti, , =en i rev=de-'
68 €er- ade4:tte"rral fRedseal-anel l=Fental heai-}c-h eaLae-at the elecentien
69 eenters, €er-uvenilLess fe r-
e-peieei of time-priei }e final
70 eettft ei--r--iti---. i }e-de19aftfftent shall -1 -r an a---_--t
71 19ayable s y s t-effi t-e--a f l e e ate-ees t s-mat—are-19ayable-_b y the
72 eeunties .
73 (4) subseetien (3) , The state shall pay
74 all costs of detention care for juveniles residing in freLc whieh.-
75 a fiscally constrained county and for juveniles residing out of
76 state. The state shall pay all costs of postdisposition
77 detention care for those counties that provide their own
78 predisposition detention care for juveniles
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hb1279-00
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10.A.2. b
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1279
2016
79 b ,wed .
80 ,
81 f tee l e g y f epee-teiafftinifig the ai:fteunt e f _ _ e h f _ , , 1,
82 e e n st-l as e d e ee rty-s e e s t-s o f dtenti ear -ear aEji:iveniles , €e r
83 tote -penes-e f t±ittei rem-te final ee a La t ei l s p eei4c-i e~, whi:eh fftust
84 ,
85 eensldeE the -di€ferenee-between the--awe.,nt appiFepflateei t= the
86 depe Meet€e r e€ f s e-t�i n g the -e-e s ts-a s s e a d:ateei -with the
87
88 fiscally eenstrained eexinty and t-he-tetol estifftated eests te-ths
89 f s e all-ee n s�c-L-ai:Ted-e e u n t y, f ei-t-hefis eal yeeLa, -e f de tenti e n
90 e a r e f eE juveniles e the fie r-ie ei o f t ife--prier-te-final eeirr-t
92 (b) Sub-j-ee t t e legislative and ba s e ei oche
93 , the Eiepaiatfftent shall
94 pEevide-funding te e€€set the -eest-s--te fis ,, , .l' e---str_i--c
-
95 eeunties efde entien ease fer juveniles €eic the jaeried of time
96 prier t o final ee u r t d-} s p e s i:iee. if e e unty Riate h i n g €t eisar-e
97 fepeireei ley the -eepa tent-te atte the E' ff
98 e al eelated-under- o f ag f apt-e r the -d-i f-€e r e n e e between th
99 aetual-eesis of the-hiseally eenstTained eeunties and }l�aneunt
100 app epriatedi:n s«ll eetimty grants -€e?use in mitigating sideh
101 eests,
102 ,all fiseal l _--__sti-ai__e _. intie...
103 (5) Each county that is not a fiscally constrained county
104 shall incorporate into its annual county budget sufficient funds
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hb1279-00
Packet Pg. 128
10.A.2. b
F L O R I D A H O U S E O F RE P RES ENTATIVES
HB 1279
2016
105 to pay its annual percentage share of 50 percent of the total
106 shared detention costs for the prior calendar of elet-entien eare
107 f e given is le:wlzte-Lae i ee in tl=tat eeianty fer-t-fi red er;L-i�e
108 p ieT e f4mna-1 e e ttiat--d3 s e e s4mtren-pis-apte un t shall be b a s
109 idpeft #=he pfi-e L- use --e f s eetrr-e- eletentlen f e r- Juveniles wh e-T=e
110 Lae s i de n is ef that- eeunt-yn s earl a ted Jay the eieparrtffient. Ea e h
111 l l pay -the -estimated -ee s is at t-he i9ni r e f e a-
112 ffienth. And -el i €€eien e e11between the esti:fftateei-ee s t-s-anei-at-t a7l-
113 eests-shall be-r-ee-eneiled-at the end of the -state -€meal year.
114 (6) Funds paid by the counties to the department pursuant
115 to this section must be deposited
116 e<epartfftent fer deposit into the Shared County/State Juvenile
117 Detention Trust Fund its -share-ef tie -eel's tell eest-s Per-
118 i.—le -e'�tr e n ,,--tea seEi tilgen-ea l eu l e t i eta; s e e Ei ley
y r hr
119 ee p a�-tent w ij.-h inpidt-f i=eft-t-h e-eauntl es .
120 (7) The department of d,d-le 4tistiee shall determine
121 each quarter whether the counties of -this state are remitting
122 funds as required t-e- the -depa-r-tEfter1=-milr- share of 4�he ees}s of
123 eietent____ as _ ~iv,.d by this section.
124 (8 ) The- e f-Revenue and the eei:in t-ram=
125 p re vrele-t-eehnd: es l a ss-i s t a n ee- as nee es saw-t e the -D epa-Ltffient ef
126 4tivend:le-ju ss =tee e—i n e rds r te- elevel ep-this--xftes t ees t e f f e e } ; ve
127 Means-e` eelAweetien.
128 (9)(1G) This section does not apply to a e+Ft county that
129 provides detention care for preadjudicated juveniles or that
130 contracts with another county to provide predisposition
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hb1279-00
a
Packet Pg. 129
10.A.2. b
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
131
132
HB 1279
2016
detention care for pr-eadj�Aleated juveniles.
Section 2. This act shall take effect upon becoming a law.
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hb1279-00
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10.A.2.c
COUNTY • _ COORDINATO
COMMISSIONERS Mark J. Gods
MEMORANDUM
0
Date: January 28, 2016
a�
To: Daniel S. McIntyre, County Attorney
a
From: Mark Godwin, Criminal Justice Coordinator o
ui
RE: Department of Juvenile Justice (DJJ) billing system r
c
Pending Legislative Bills have been filed in the Florida Legislature (SB 1322 & HB 1279) which call U
for a straight 50-50 split between DJJ and the County for the cost of juvenile detention. I °;
reviewed the impact on the potential costs/savings to the County if the Bills became law. After
reviewing the bed days in FY 12/13 and FY 14/15, the average savings would be approximately in
$200,000.00 per year. For FY 16-17 the Florida Association of Counties has projected that St. N
Lucie County would save $368,444.23 if the Bills passed. This savings projection is based on DJ1's r
bed day cost of $276.00 in FY 14/15. Please note that even with the formula change DJJ could N
rn
increase their bed day cost, which would impact the projected savings to the County. I w
recommend that the County support the Bills.
DJJ has conceded that they overcharged the County $3,916,920.40 between FY 09/10 and FY 12- N
13. DJJ would not provide any credits or reimbursements. c
FY 09-10
$1,436,521.82
FY 10-11
$ 900,090.51
FY 11-12
$ 645,087.93
FY 12-13
$ 935,220.40
TOTAL
$3,916,920.66
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CHRIS DZADOVSKY, District No. 1 • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 • KIM JOHNSON, District
County Administrator - Howard N. Tipton County Attorney - Daniel McIntyre Q
2300 Virginia Avenue • 3rd Floor Admin. Annex • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1418
FAX (772) 462-1440 0 TDD (772) 462-1428 Packet Pg. 131
10.A.2.d
RESOLUTION NO. 16-XXX
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY;
SUPPORTING LEGISLATION TO ADDRESS THE
FUNDING OF SECURE JUVENILE DETENTION
COSTS; AUTHORIZING THE COUNTY ATTORNEY TO
DISMISS THE PENDING ACTIONS AGAINST THE
STATE OF FLORIDA, DEPARTMENT OF JUVENILE
JUSTICE UNDER CERTAIN CIRCUMSTANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS, under the provisions of Florida law, the non -fiscally constrained counties,
including St. Lucie County, participate with the State of Florida in sharing the cost of secure
juvenile detention; and
WHEREAS, over the years, has inappropriately charged many of the counties resulting in
unfair and illegal payments in excess of one hundred million dollars; and
WHEREAS, for the fiscal years 2009-2010 through 2012-2013, the Department of
Juvenile Justice has overcharged St. Lucie County by the amount of $3,916,420.66; and
WHEREAS, St. Lucie County has instituted several challenges to the actions of the
Department of Juvenile Justice in overcharging the County more than its fair share of the costs
of secure juvenile detention and is seeking refunds or credits for these overpayments; and
WHEREAS, there is currently pending in the Florida Legislature SB 1322 and HB 1279
both of which would establish by statute that the non -fiscally constrained counties would pay
no more than 50% of the cost of secure juvenile detention; and
WHEREAS, before those bills are acted upon, the Legislature wants some assurances
that any pending litigation over the cost sharing would be resolved in the event that this
legislation is passed and approved by the Governor; and
WHEREAS, though the legislation, if adopted, would not provide an immediate refunds
or credits to St. Lucie County, it would gradually over time provide a savings to the County
through reduced annual payments over the 57% allocation of cost to counties as it currently
exists; and
WHEREAS, the County supports the legislation and is willing to dismiss all pending
litigation over the past year secure juvenile detention costs provided that the legislation is
passed and either signed by the Governor or allowed to become law.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Packet Pg. 132
10.A.2.d
1. The Board supports the passage of SB 1322 and HB 1279 by the Florida
Legislature to provide a more equitable allocation of costs between the non -fiscally constrained
counties and the State of Florida for secure juvenile detention.
2. The County Attorney is directed to dismiss all pending actions against the State
of Florida Department of Juvenile Justice within ten days after the Governor of the State of
Florida signs a law (or allows the law to become effective without his signature) amending the
funding distribution formula to provide that counties will pay no more than 50% of the actual
cost of secured juvenile detention.
3. This resolution shall take effect on adoption.
After motion and second, the vote on this resolution 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
PASSED AND DULY ADOPTED this
ATTEST:
day of
2016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 133
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10.B.1
ITEM NO. (ID # 3357)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Parrish, Public Safety Director
Public Safety
FEMA appeal
DATE
02/09/2016
*REGULAR AGENDA\PUBLIC
SAFETY
Two years ago the Federal Emergency Management Agency (FEMA) and the State of Florida (State) closed
several FEMA disaster grants for Hurricanes Frances, Jeanne, and Wilma. Just recently St. Lucie County
was notified that FEMA reduced seven (7) of the grants. This reduction resulted in the State requesting
St. Lucie County return $1,062,762.73. The Public Safety Department does not concur with most of the
FEMA reductions and is currently writing appeals for five of the seven grants in question.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
The State is requesting repayment of $1,062,762.73. The County is in the process of writing appeals for
approximately $800,000.00, which would reduce the amount owed if the appeal is successful.
RECOMMENDATION:
Staff recommends the Board authorize the County Attorney to appeal five grants for Hurricane Frances,
Jeanne and Wilma and further authorize the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
Packet Pg. 135
10.B.1
Coordination/Signatures
Tiffany Be , Public),
ublic fet Division Director 1 29/ 016
4aniefS..McIntyre, C my ttorney 1/29/2016
Updated: 1/29/2016 10:05 AM by Katrina Slay Page 2
Packet Pg. 136
10.C.1
ITEM NO. RES-2016-19
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Barbara Guettler, MSBU Project Manager
MSBU Program
DATE: 02/09/2016
*REGULAR AGENDA\PUBLIC
WORKS
Resolution - Parkland Municipal Services Benefit Unit Special Assessment
Revenue Bond Series 2016
On October 6, 2015, the Board approved Resolution No. 2015-188, Levying non -ad valorem special
assessments on the parcels within the Parkland Municipal Services Benefit Unit ("MSBU"). Also on
October 6, 2015 the Board approved Resolution No. 2015-191, authorizing the issuance of special
assessment revenue bonds in an amount not to exceed $450,000.00 for the purpose of financing potable
water and fire protection improvements to the benefited properties within the Parkland MSBU.
The County's Financial Advisor, Jay Glover of Public Financial Management, requested proposals from
local lending institutions that could provide the county with a fixed rate, 15 year term loan. Two proposals
were received from the following firms: Florida Community Bank, N.A. and Seacoast Bank. After the
proposals were reviewed and discussed by County staff, the County's Financial Advisor, and the County's
MSBU Bond Counsel, it was determined that Seacoast Bank provided the most favorable rates and terms
to the County. A copy of a memorandum dated January 25, 2016 from Mr. Glover is attached.
The attached resolution was prepared by the County's MSBU Bond Counsel, Chris Roe of Bryant Miller
Olive. If approved, the resolution will amend and restate Resolution No. 2015-191, authorize the issuance
of special assessment revenue bonds in an amount not to exceed $339,000.00, and set forth the general
terms, conditions and covenants applicable to these bonds. The not to exceed amount of the bonds to be
issued has been reduced since the original bond resolution due to prepayments received from parcel
owners. The security for the bonds would be a lien upon and a pledge of the special assessments. No
other County revenue source would be pledged for the repayment of the bonds.
PREVIOUS ACTION:
September 15, 2015 - Board approved Resolution No. 2015-172, the Initial Assessment Resolution.
October 6, 2015 - Board approved Resolution No. 2015-188, the Final Assessment Resolution.
October 6, 2015 - Board approved Resolution No. 2015-191, the original Bond Resolution.
November 3, 2015 - Board approved Resolution No. 2015-222, the Budget Resultion.
Packet Pg. 137
10.C.1
FINANCIAL IMPACT:
The revenue generated by the collection of special assessments for the Parkland MSBU will be utilized to
repay the loan obtained to fund construction of the potable water and fire protection improvements to
the parcels within the MSBU. Funds will be deposited into the Parkland MSBU (37009-4115-384200 &
366910-144610).
RECOMMENDATION:
Staff recommends that the Board approve the resolution prepared by bond counsel and authorize the
Chairman to sign the resolution and other bond documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
n Wet Public Works Directol — � 016
4anie)FS.WMclntyre,nt, orney 1/29/2016
updated: 1/29/2016 10:04 AM by Katrina Slay Page 2
Packet Pg. 138
10.C.1.a
The PFM Group
Public Financial Management, Inc.
PFM Asset Management LLC
PFM Advisors
Memorandum
Lincoln Plaza
Suite 1170
300 S. Orange Avenue
Orlando, FL
32801-3470
407-648-2208
407-648-1323 fax
www.pfm.com
January 25, 2016
To: Howard Tipton, County Administrator
Dan McIntyre, County Attorney
Asheley Hepburn, Director, Office of Management & Budget
From: Jay Glover, Public Financial Management
Re: Special Assessment Revenue Bond, Series 2016 (Parkland MSBU Project) —
Recommendation Memo
At the County's direction, Public Financial Management (PFM) requested proposals from local
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
potable water and fire protection improvements to serve real property comprising the Parkland
Municipal Service Benefit Unit. The County received two (2) proposals from the following firms:
Florida Community Bank, N. A. and Seacoast Bank.
Based on PFM's review and discussions with County staff and Bond Counsel, it was determined that
Seacoast Bank provided the most favorable combination of interest rate and terms to the County.
The proposed interest rate of 3.73% is fixed through maturity of the loan and will be held until
closing on February 10, 2016 thus eliminating any risk associated with rising interest rates between
now and the closing date. Seacoast Bank also provides the County the flexibility to optionally
prepay the loan at any time without penalty. This is an important feature as it allows the County to
prepay the loan in the event that property owners prepay their special assessments. By accepting the
proposal of Seacoast Bank and issuing the Special Assessment Revenue Bond, Series 2016 (the
"2016 Bond"), the County will lock in an attractive interest of 3.73% 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 $30,000 through final maturity of September 1, 2031. PFM
recommends selecting Seacoast Bank as the loan provider for the 2016 Bond based on the interest
rate and favorable terms provided in their proposal.
Packet Pg. 139
10.C.1.b
RESOLUTION NO.2016-
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING AND RESTATING
RESOLUTION NO. 2015-191 IN ITS ENTIRETY;
AUTHORIZING THE ISSUANCE OF THE ST. LUCIE
COUNTY, FLORIDA SPECIAL ASSESSMENT REVENUE
BOND, SERIES 2016 (PARKLAND MSBU PROJECT) IN THE
PRINCIPAL AMOUNT OF $339,000 FOR THE PURPOSE OF
FINANCING, REFINANCING AND/OR REIMBURSING THE
COST OF POTABLE WATER AND FIRE PROTECTION
IMPROVEMENTS TO SERVE THE REAL PROPERTY
COMPRISING THE PARKLAND MUNICIPAL SERVICES
BENEFIT UNIT; PROVIDING THAT SUCH BOND SHALL BE
A LIMITED OBLIGATION OF THE COUNTY PAYABLE
FROM AND SECURED SOLELY BY CERTAIN ASSESSMENTS
AS DESCRIBED HEREIN; PROVIDING FOR THE RIGHTS,
SECURITIES AND REMEDIES FOR THE OWNER OF SUCH
BOND; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the
provisions of the Constitution of the State of Florida, Chapter 125, Florida Statutes, the
Assessment Ordinance and other applicable provisions of law, and the Original Resolution.
SECTION 2. DEFINITIONS. The following words and phrases shall have the
following meanings when used herein:
"Act" means the Constitution of the State of Florida, Chapter 125 Florida Statutes, the
Assessment Ordinance, and other applicable provisions of law.
"Assessment Ordinance" means Article IV of Chapter 40 of the County Code of
Ordinances, as may be amended from time to time, or its successor in function.
"Assessment Resolution" means Resolution No. 2015-172 adopted by the Board on
September 15, 2015, as amended and supplemented from time to time, and as particularly
supplemented by Resolution No. 2015-188 adopted by the Board on October 6, 2015.
1
Packet Pg. 140
10.C.1.b
"Assessments" means special assessments (sometimes characterized as non -ad valorem
assessments) imposed by the Issuer against the real property comprising the Parkland MSBU to
fund the costs of the Project and related expenses, computed in the manner described in the
Assessment Resolution.
"Board" means the Board of County Commissioners of St. Lucie County, Florida, the
governing body of the Issuer.
"Bond" means the St. Lucie County, Florida Special Assessment Revenue Bond, Series
2016 (Parkland MSBU Project) of the Issuer authorized by Section 4 hereof.
"Bond Counsel" means, for purposes of the Bond, Bryant Miller Olive P.A., or another
nationally recognized bond counsel firm appointed by the Issuer.
"Business Day" means any day except any Saturday or Sunday or day on which the
Principal Office of the Original Purchaser is closed.
"Chair" means the Chairman or Chairwoman of the Issuer, or in his or her absence or
inability to act, the Vice Chairman or Vice Chairwoman of the Issuer.
"County Administrator" means the duly appointed and acting County Administrator of
the Issuer, or any duly authorized deputy or assistant County Administrator of the Issuer.
"County Attorney" means the duly appointed and acting County Attorney of the Issuer
or any duly authorized deputy thereof.
"County Clerk" means the duly elected County Clerk or any duly authorized deputy or
assistant thereof.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable
thereto.
"Debt Service Fund" means the Debt Service Fund established in Section 9 hereof.
"Debt Service Reserve Account" means the Debt Service Reserve Account within the
Debt Service Fund.
"Default Rate" means the lesser of (a) 18% simple interest per annum, or (b) the
maximum rate of interest permitted by applicable law.
"Federal Securities" shall mean direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by the United States of America, which are
not redeemable prior to maturity at the option of the obligor.
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10.C.1.b
"Issuer" or "County" means St. Lucie County, Florida.
"Maturity Date" means September 1, 2031.
"Original Purchaser" means Seacoast National Bank, the original purchaser of the Bond.
"Original Resolution" means Resolution No. 2015-191 adopted by the Board on October
6, 2015.
"Owner" or "Holder' means the Person in whose name or names the Bond shall be
registered on the books of the Issuer kept for that purpose in accordance with provisions of this
Resolution.
"Parkland MSBU" means the Parkland Municipal Services Benefit Unit established by
the Assessment Resolution.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
"Pledged Revenues" means (i) the Assessments, and (ii) any moneys on deposit in the
Debt Service Fund and the Project Fund established herein, including investment earnings on
moneys on deposit in such funds, if any.
"Principal Office" means, with respect to the Original Purchaser, the office located at
815 Colorado Avenue, Stuart Florida 34994, or such other office as the Owner may designate in
writing to the Issuer.
"Project" means the potable water and fire protection improvements financed through
issuance of the Bond which will serve and specially benefit the real property comprising the
Parkland MSBU.
"Project Costs" means all costs associated with design, acquisition, construction and
financing of the Project, including reimbursements to the Issuer, if any, and payment of
capitalized interest on the Bond. It is intended that this definition be broadly construed to
encompass all costs, expenses and liabilities of the Issuer which on the date of this Resolution or
in the future shall be permitted to be funded with the proceeds of the Bond.
"Project Fund" shall mean the Project Fund established in Section 9 herein.
"Refunding Obligations" means any bonds, note or other debt obligations issued to
refund and/or refinance all or a portion of the principal balance of the Bond.
"Resolution" means the Original Resolution, as amended and restated in its entirety by
this Resolution pursuant to which the Bond is authorized to be issued, including any
Supplemental Resolution(s) adopted pursuant to Section 12 hereof.
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"State" means the State of Florida.
"Supplemental Resolution" means any resolution amendatory or supplemental to this
Resolution adopted by the Issuer in accordance with Section 12 hereof.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared
as follows:
(A) The Issuer previously adopted the Original Resolution authorizing the issuance
of the Bond in the principal amount of not to exceed $450,000 for the purpose of financing,
refinancing and/or reimbursing the Project Cost.
(B) Section 18 of the Original Resolution provided for and directed the institution of
bond validation proceedings pursuant to Chapter 75, Florida Statutes. On December 7, 2015,
the Circuit Court of the Nineteenth Judicial Circuit of the State of Florida, in and for St. Lucie
County, Florida, entered a Final Judgment validating the Issuer's authority to issue the Bond
and related matters in Case No. 2015-CA-1943, and the appeal period has expired without any
appeal having been filed.
(C) The Original Resolution provided for the adoption of a Supplemental Resolution
determining the Original Purchaser of the Bond and certain other terms and provisions thereof,
including but not limited to interest rate, payment and maturity dates.
(D) Instead of fixing such details pursuant to Supplemental Resolution, the Issuer
desires to amend and restate in its entirety the Original Resolution hereby in order to, amongst
other things, fix such details including modifications of the Series designation from "2015" to
"2016."
(E) For the benefit of its inhabitants, the Issuer finds, determines and declares that it
is necessary for the continued preservation of the health, welfare, convenience and safety of the
Issuer, its inhabitants and the owners of real property located in the Parkland MSBU, and in the
public interest to provide for the financing, refinancing and/or reimbursing of the Project Costs
through the issuance of the Bond. Issuance of the Bond to finance, refinance or reimburse such
Project Costs satisfies a paramount public purpose.
(F) Debt service on the Bond will be payable from and secured solely by the Pledged
Revenues.
(G) The issuance of the Bond to provide for the financing of the Project and the
pledge of the Assessments to repayment of the Bond are authorized by the Act and by Section
40-103(e) of the Assessment Ordinance.
(H) The Issuer has received a proposal from the Original Purchaser to purchase the
Bond, and the Issuer desires to accept such offer.
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10.C.1.b
(I) Such proposal requires creation of a debt service reserve fund in an amount
equal to the maximum annual debt service of the Bond.
(J) In consideration of the purchase and acceptance of the Bond authorized to be
issued hereunder by those who shall be the Owner thereof from time to time, this Resolution
shall constitute a contract between the Issuer and the Owner.
SECTION 4. AUTHORIZATION OF PROJECT AND BOND.
(A) There is hereby authorized the design, permitting, acquisition and construction
of the Project.
(B) Subject and pursuant to the provisions of this Resolution, an obligation of the
Issuer to be known as St. Lucie County, Florida Special Assessment Revenue Bond, Series 2016
(Parkland MSBU Project) is hereby authorized to be issued under and secured by this
Resolution, in the principal amount of $339,000,
for the purpose of financing, refinancing andA
costs of issuing the Bond.
with a final maturity date of the Maturity Date
r reimbursing the Project Costs, including the
(C) Because of the characteristics of the Bond, prevailing market conditions, and
additional savings to be realized from an expeditious sale of the Bond, it is in the best interest of
the Issuer to accept the offer of the Original Purchaser to purchase the Bond at a private
negotiated sale. Prior to the issuance of the Bond, the Issuer shall receive a Purchaser's
Certificate from the Original Purchaser in substantially the form attached hereto as Exhibit B
and a Disclosure Letter from the Original Purchaser containing the information required by
Section 218.385, Florida Statutes, in substantially the form is attached hereto as Exhibit C.
SECTION 5. DESCRIPTION OF BOND. The Bond shall be dated the date of
its delivery, which shall be a date agreed upon by the Issuer and the Original Purchaser, subject
to the following terms:
(a) Interest Rate. The Bond shall have a fixed interest rate equal to 3.73% per annum
(subject to adjustment as described below, the "Interest Rate"), calculated on a 30/360 day count
basis; provided, however, that such Interest Rate shall in no event exceed the maximum interest
rate permitted by law.
(b) Adjustments of Interest Rate. If any interest on the Bond becomes includable in
the gross income of the Holder for Federal income tax purposes (an "Event of Taxability"), then
the Interest Rate should be adjusted to 5.74% per annum, retroactive to the date of the Event of
Taxability. This adjustment shall survive payment of the Bond until such time as the federal
statute of limitations under which the interest on the Bond could be declared taxable under the
Code shall have expired.
(c) Principal and Interest Payment Dates. Interest on the Bond shall be paid
semi-annually, on each March 1 and September 1 until maturity, commencing on September 1,
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2016 and thereafter until the Maturity Date. Principal on the Bond shall amortize on March 1
and September 1 of the years and in the amounts to be set forth in Bond, commencing on March
1, 2017; provided, however, the final maturity of the Bond shall be the Maturity Date.
(d) The Bond shall be subject to prepayment prior to maturity at the option of the
Issuer in the manner as provided in the Bond.
(e) The Bond is to be in substantially the form set forth in Exhibit A attached hereto,
together with such non -material changes as shall be approved by the Chair, such approval to be
conclusively evidenced by the execution thereof by the Chair. The Bond shall be executed on
behalf of the Issuer with the manual signature of the Chair and the official seal of the Issuer, and
be attested and countersigned with the manual signature of the Clerk, to be approved as to
form by the County Attorney. In case any one or more of the officers who shall have signed or
sealed the Bond shall cease to be such officer of the Issuer before the Bond so signed and sealed
has been actually sold and delivered, such Bond may nevertheless be sold and delivered as
herein provided and may be issued as if the person who signed or sealed such Bond had not
ceased to hold such office. The Bond may be signed and sealed on behalf of the Issuer by such
person who at the actual time of the execution of such Bond shall hold the proper office of the
Issuer, although, at the date of such Bond, such person may not have held such office or may
not have been so authorized.
SECTION 6. REGISTRATION AND EXCHANGE OF THE BOND;
PERSONS TREATED AS OWNER. The Bond is to be initially registered to the Original
Purchaser. So long as the Bond shall remain unpaid, the Issuer will keep books for the
registration and transfer of the Bond. The Bond shall be transferable only upon such
registration books and only in accordance with the limitations contained in the Bond.
The Person in whose name the Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of principal and interest on the Bond
shall be made only to or upon the written order of the Owner. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
SECTION 7. PAYMENT OF PRINCIPAL AND INTEREST; LIMITED
OBLIGATION. The Issuer promises that it will promptly pay the principal of and interest on
the Bond at the place, on the dates and in the manner provided therein according to the true
intent and meaning hereof and thereof. The Bond shall not be or constitute a general obligation
or indebtedness of the Issuer as a "bond" within the meaning of Article VII, Section 12 of the
Constitution of Florida, but shall be payable from and secured solely by the Pledged Revenues
in accordance with the terms hereof. No Holder of the Bond issued hereunder shall ever have
the right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax
revenues to pay such Bond, or be entitled to payment of such Bond from any funds of the Issuer
except from the Pledged Revenues as described herein.
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SECTION 8. PLEDGED REVENUES; REFUNDING OBLIGATIONS.
(A) The Issuer hereby pledges the Pledged Revenues to the payment of amounts due
on the Bond.
(B) The Issuer shall take such actions and adopt such resolutions as may be
necessary to provide for collection of the Assessments each year until such time as the Bond and
any interest due thereupon shall have been paid in full.
(C) For so long as the Bond shall be unpaid, except with the written consent of the
Owner of the Bond, the Issuer will not issue any other obligations or incur any other
indebtedness payable from the Pledged Revenues, except for Refunding Obligations which may
be payable from the Pledged Revenues on a parity basis if the combined annual debt service for
the Bond and the Refunding Obligations is less than the annual debt service which would have
been paid on the Bond had the Refunding Obligations not been issued.
SECTION 9. DEBT SERVICE FUND; PROJECT FUND.
(A) Debt Service Fund. There is hereby created an account to be known as the "St.
Lucie County, Florida Special Assessment Revenue Bond, Series 2016 (Parkland MSBU Project)
Debt Service Fund" (the 'Debt Service Fund"). The Debt Service Fund shall be held by a
depository in the State which is eligible under the laws of the State to receive public funds.
(1) Upon receipt, the Issuer shall deposit all proceeds of the Assessments (including
Assessment prepayments), after payment of any collection costs and administration costs
associated therewith (whether imposed by the Tax Collector, Property Appraiser, or otherwise),
into the Debt Service Fund.
(2) Moneys on deposit in the Debt Service Fund shall be used solely to pay the
principal of and interest on the Bond as it becomes due.
(3) There is hereby created an account within the Debt Service Fund to be known as the
"St. Lucie County, Florida Special Assessment Revenue Bond, Series 2016 (Parkland MSBU
Project) Debt Service Reserve Account" (the 'Debt Service Reserve Account").
(B) Project Fund. There is hereby created an account to be known as the "St. Lucie
County, Florida Special Assessment Revenue Bond, Series 2016 (Parkland MSBU Project) Project
Fund" (the 'Project Fund"). Within the Project Fund there is hereby created an account to be
known as the "St. Lucie County, Florida Special Assessment Revenue Bond, Series 2016
(Parkland MSBU Project) Capitalized Interest Account" (the "Capitalized Interest Account"). The
Project Fund shall be held by a depository in the State which is eligible under the laws of the
State to receive public funds.
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10.C.1.b
(1) Moneys on deposit in the Project Fund shall be used solely to finance, refinance
and/or reimburse Project Costs, including the costs of issuing the Bond.
(2) When the acquisition of the Project has been completed and all Project Costs and
costs of issuance have been paid in full, all funds remaining in the Project Fund shall be
transferred to the Debt Service Fund and used to pay debt service on the Bond.
(C) All moneys deposited in the funds and accounts established hereunder shall be
and constitute trust funds created for the purposes herein stated, and there is hereby created a
lien upon such funds in favor of the Holders of the Bond until the moneys therein shall have
been applied in accordance with this Resolution.
SECTION 10. APPLICATION OF PROCEEDS OF BOND. At the time of
delivery of the Bond herein authorized, all of the proceeds from the sale of the Bond shall be
deposited as follows:
(A) An amount equal to $30,152.70 shall be deposited into the Debt Service Reserve
Account.
(B) An amount equal to $7,024.83 shall be deposited into the Capitalized Interest
Account, which amount shall be used to pay capitalized interest on the Bond.
(C) The remaining proceeds of the Bond shall be deposited into the Project Fund.
SECTION 11. TAX COVENANT. The Issuer covenants to the Holder of the
Bond provided for in this Resolution that the Issuer will not make any use of the proceeds of the
Bond at any time during the term of the Bond which, if such use had been reasonably expected
on the date the Bond was issued, would have caused such Bond to be an "arbitrage bond"
within the meaning of the Code. The Issuer will comply with the requirements of the Code and
any valid and applicable rules and regulations promulgated thereunder necessary to ensure the
exclusion of interest on the Bond from the gross income of the Holders thereof for purposes of
federal income taxation.
SECTION 12. AMENDMENT. Prior to the issuance of the Bond, this Resolution
can be modified or amended at any time without limitation pursuant to Supplemental
Resolution. Thereafter, this Resolution, or any Supplemental Resolution relating hereto, shall
not be modified or amended in any respect pursuant to Supplemental Resolution except with
the written consent of the Owner of the Bond.
SECTION 13. LIMITATION OF RIGHTS. With the exception of any rights
herein expressly conferred, nothing expressed or mentioned in or to be implied from this
Resolution or the Bond are intended or shall be construed to give to any Person other than the
Issuer and the Owner any legal or equitable right, remedy or claim under or with respect to this
Resolution or any covenants, conditions and provisions herein contained; this Resolution and
Packet Pg. 147
10.C.1.b
all of the covenants, conditions and provisions hereof being intended to be and being for the
sole and exclusive benefit of the Issuer and the Owner.
SECTION 14. BOND MUTILATED, DESTROYED, STOLEN OR LOST. In
case the Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and
deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange
and in substitution for such mutilated Bond, or in lieu of and in substitution for the Bond
destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof
and indemnity reasonably satisfactory to the Issuer and complying with such other reasonable
regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer
may incur. The Bond so surrendered shall be canceled.
SECTION 15. IMPAIRMENT OF CONTRACT. The Issuer covenants with the
Owner of the Bond that it will not, without the written consent of the Owner of the Bond, enact
any ordinance or adopt any resolution which repeals, impairs or amends in any manner
materially adverse to the Owner the rights granted to the Owner of the Bond hereunder.
SECTION 16. DEFEASANCE. If, at any time, the Issuer shall have paid, or shall
have made provision for payment of, the principal, interest and prepayment premium, if any
and if applicable, with respect to the Bond herein authorized, then, and in that event, the lien on
Pledged Revenues described herein in favor of the Owner of the Bond shall be no longer in
effect. For purposes of the preceding sentence, deposit of sufficient cash and/or Federal
Securities or bank certificates of deposit fully secured as to principal and interest by Federal
Securities (or deposit of any other securities or investments which may be authorized by law
from time to time and sufficient under such law to effect such a defeasance) in irrevocable trust
with a banking institution or trust company, for the sole benefit of the Owner of the Bond in an
aggregate principal amount which, together with interest to accrue thereon, will be sufficient to
make timely payment of the principal of and a prepayment premium, if any, and interest on the
Bond in accordance with their terms, and any other expenses occasioned by escrow
arrangements. Nothing herein shall be deemed to require the Issuer to prepay the Bond prior to
maturity pursuant to any applicable optional prepayment provisions, or to impair the discretion
of the Issuer in determining whether to exercise any such option for early redemption.
SECTION 17. EVENTS OF DEFAULT; REMEDIES OF OWNER. The
following shall constitute Events of Default:
(A) if the Issuer fails to make any payment of principal of or interest on the Bond as
the same becomes due and payable (a 'Payment Default");
(B) if the Issuer defaults in the performance or observance of any covenant or
agreement contained in this Resolution or the Bond (other than as set forth in (a) above) and
fails to cure the same within thirty (30) days;
(C) if the Issuer fails to pay the principal of or interest on any other loan or obligation
for the repayment of money to the Original Purchaser when due; or
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10.C.1.b
(D) filing of a petition by or against the Issuer relating to bankruptcy, reorganization,
arrangement or readjustment of debt of the Issuer or for any other relief relating to the Issuer
under the United States Bankruptcy Code, as amended, or any other insolvency act or law now
or hereafter existing, or the involuntary appointment of a receiver or trustee for the Issuer, and
the continuance of any such event for 90 days undismissed or undischarged.
Upon the occurrence and during the continuation of any Event of Default, the Owner of
the Bond may, in addition to any other remedies set forth in this Resolution or the Bond, either
at law or in equity, by suit, action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or
granted or contained in this Resolution, and may enforce and compel the performance of all
duties required by this Resolution, or by any applicable statutes to be performed by the Issuer
or by any officer thereof. Upon the occurrence and during the continuation of any Payment
Default, the Bond shall bear interest at the Default Rate.
SECTION 18. BUDGET AND FINANCIAL INFORMATION. The Issuer shall
provide the Owner with a copy of the Issuer's audited financial statements within 270 days of
the close of the Issuer's fiscal year. The Issuer shall also provide the Owner with a copy of the
Issuer's annual budget within 30 days of the adoption by the Issuer and such other financial
information regarding the Issuer as the Owner may reasonably request.
SECTION 19. SEVERABILITY. If any provision of this Resolution shall be held
or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same
shall not affect any other provision herein or render any other provision (or such provision in
any other context) invalid, inoperative or unenforceable to any extent whatever.
SECTION 20. BUSINESS DAYS. In any case where the due date of interest on
or principal of a Bond is not a Business Day, then payment of such principal or interest need not
be made on such date but may be made on the next succeeding Business Day, provided that
credit for payments made shall not be given until the payment is actually received by the
Owner.
SECTION 21. APPLICABLE PROVISIONS OF LAW. This Resolution shall be
governed by and construed in accordance with the laws of the State.
SECTION 22. RULES OF INTERPRETATION. Unless expressly indicated
otherwise, references to sections or articles are to be construed as references to sections or
articles of this instrument as originally executed. Use of the words "herein," "hereby,"
"hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this
Resolution and not solely to the particular portion in which any such word is used.
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SECTION 23. CAPTIONS. The captions and headings in this Resolution are for
convenience only and in no way define, limit or describe the scope or intent of any provisions or
sections of this Resolution.
SECTION 24. BOARD MEMBERS EXEMPT FROM PERSONAL LIABILITY.
No recourse under or upon any obligation, covenant or agreement of this Resolution or the
Bond or for any claim based thereon or otherwise in respect thereof, shall be had against any
Board members, officials or employees of the Issuer, past, present or future, either directly or
through the Issuer, it being expressly understood (a) that no personal liability whatsoever shall
attach to, or is or shall be incurred by, the Board members, officials or employees of the Issuer,
under or by reason of the obligations, covenants or agreements contained in this Resolution or
implied therefrom, and (b) that any and all such personal liability, either at common law or in
equity or by constitution or statute, of, and any and all such rights and claims against, every
such Board member, as such, are waived and released as a condition of, and as a consideration
for, the adoption of this Resolution and the issuance of the Bond, on the part of the Issuer.
SECTION 25. AUTHORIZATIONS. The Chair and any member of the Board,
the County Administrator, the County Attorney, the County Clerk and such other officials and
employees of the Issuer as may be designated by the Issuer are each designated as agents of the
Issuer in connection with the issuance and delivery of the Bond and are authorized and
empowered, collectively or individually, to take all actions and steps and to execute all
instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in
connection with the validation, execution and delivery of the Bond, and which are specifically
authorized or are not inconsistent with the terms and provisions of this Resolution.
SECTION 26. FEES AND EXPENSES. The Issuer agrees to pay the fees and
expenses of the Original Purchaser on the date of issuance of the Bond.
SECTION 27. REPEALER. Any resolutions or parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 28. NO THIRD PARTY BENEFICIARIES. Except such other
persons as may be expressly described in this Resolution or in the Bond, nothing in this
Resolution or in the Bond, expressed or implied, is intended or shall be construed to confer
upon any person, other than the Issuer and the Owner, any right, remedy or claim, legal or
equitable, under and by reason of this Resolution, or any provision thereof, or of the Bond, all
provisions thereof being intended to be and being for the sole and exclusive benefit of the Issuer
and the person who shall from time to time be the Owner.
[Remainder of Page Intentionally Left Blank]
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10.C.1.b
SECTION 29. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as follows:
Chairman Kim Johnson
Vice Chairman Chris Dzadovsky
Commissioner Tod Mowery
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
PASSED AND DULY ADOPTED this 9th day of February, 2016.
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
12
BOARD OF
COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman
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EXHIBIT A
FORM OF BOND
ANY HOLDER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A
PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION (HEREIN
DEFINED) CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN
"ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933,
AS AMENDED, AND REGULATION D THEREUNDER.
September 1, 2031
ST. LUCIE COUNTY, FLORIDA
SPECIAL ASSESSMENT REVENUE BOND, SERIES 2016
(PARKLAND MSBU PROJECT)
$339,000
KNOW ALL MEN BY THESE PRESENTS that St. Lucie County, Florida (the "Issuer"), a
political subdivision of the State of Florida created and existing pursuant to the Constitution
and the laws of the State of Florida, for value received, promises to pay from the sources
hereinafter provided, to the order of Seacoast National Bank or registered assigns (hereinafter,
the "Owner"), the principal sum of Three Hundred Thirty Nine Thousand Dollars ($339,000),
together with interest on the principal balance outstanding at the rate per annum of 3.73% (as
the same may be adjusted as described herein) based upon a year of 360 days consisting of
twelve 30 day months. .
If interest on the Bond becomes includable in the gross income of the Holder for Federal
income tax purposes (an "Event of Taxability"), then the Interest Rate shall be adjusted to 5.74%
per annum, retroactive to the date of the Event of Taxability. This adjustment shall survive
payment of the Bond until such time as the federal statute of limitations under which the
interest on the Bond could be declared taxable under the Code shall have expired.
Principal of and interest on this Bond are payable in lawful money of the United States
of America at such place as the Owner may designate to the Issuer in writing.
Interest shall be payable semi-annually to the Owner on each March 1 and September 1,
commencing on September 1, 2016.
years:
Principal on this Bond shall amortize on March 1 and September 1 of the following
Payment Date: Principal Payment Amount:
March 1, 2017 $8,000.00
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10.C.1.b
September 1, 2017
$9,000.00
March 1, 2018
$8,000.00
September 1, 2018
$10,000.00
March 1, 2019
$10,000.00
September 1, 2019
$9,000.00
March 1, 2020
$9,000.00
September 1, 2020
$10,000.00
March 1, 2021
$9,000.00
September 1, 2021
$11,000.00
March 1, 2022
$11,000.00
September 1, 2022
$10,000.00
March 1, 2023
$10,000.00
September 1, 2023
$11,000.00
March 1, 2024
$11,000.00
September 1, 2024
$11,000.00
March 1, 2025
$11,000.00
September 1, 2025
$12,000.00
March 1, 2026
$12,000.00
September 1, 2026
$12,000.00
March 1, 2027
$12,000.00
September 1, 2027
$13,000.00
March 1, 2028
$13,000.00
September 1, 2028
$13,000.00
March 1, 2029
$14,000.00
September 1, 2029
$13,000.00
March 1, 2030
$14,000.00
September 1, 2030
$14,000.00
March 1, 2031
$15,000.00
September 1, 2031
$14,000.00
As described above, the final installment of the entire unpaid principal balance, together
with all accrued and unpaid interest hereon, is due and payable on September 1, 2031.
If any date for the payment of principal and interest hereon shall fall on a day which is
not a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such
date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not
receive credit for the payment until it is actually received by the Owner.
All payments by the Issuer pursuant to this Bond shall apply first to accrued interest,
then to other charges due the Owner, and the balance thereof shall apply to principal.
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Any payment of principal of or interest on this Bond not paid when due shall bear
interest from the due date until paid at the lesser of (a) 18% simple interest per annum, or (b)
the maximum rate of interest permitted by applicable law. If any payment required to be made
hereunder is not paid within ten (10) days of when due, the Issuer shall pay to the Owner a late
charge equal to five percent (5%) of the late payment.
This Bond shall be prepayable, in whole or in part, at the option of the Issuer on any
date without penalty or premium. The Issuer shall provide the Owner with at least five (5) days
advance written notice of its intent to prepay.
THIS BOND DOES NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE
ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER
PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE HOLDER OF THIS
BOND THAT SUCH BONDHOLDER SHALL NEVER HAVE THE RIGHT TO REQUIRE OR
COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OR USE OF AD
VALOREM TAXES OF THE ISSUER OR TAXATION OF ANY REAL OR PERSONAL
PROPERTY THEREIN FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
THIS BOND OR THE MAKING OF ANY OTHER PAYMENTS PROVIDED FOR IN THE
RESOLUTION.
This Bond is issued pursuant to the Constitution of the State of Florida, Chapter 125,
Florida Statutes, the Assessment Ordinance and Resolution No. 2015-191 adopted by the Board
of the Issuer on October 6, 2015, as amended and restated by Resolution No. 2016-_ adopted by
the Board of the Issuer on February 9, 2016 (collectively, the 'Resolution"), and is subject to all
the terms and conditions of the Resolution. All terms, conditions and provisions of the
Resolution including without limitation remedies upon the occurrence of an Event of Default
are by this reference thereto incorporated herein as a part of this Bond. Payment of this Bond is
secured solely by the Assessments and moneys on deposit in certain funds and accounts
established by the Resolution. Terms used herein in capitalized form and not otherwise defined
herein shall have the meanings ascribed thereto in the Resolution.
This Bond may be exchanged or transferred in whole but not in part by the Owner
hereof, but only upon the registration books maintained by the Issuer and in the manner
provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in the execution, delivery and the
issuance of this Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the issuance of this Bond is in full compliance with and
does not exceed or violate any constitutional or statutory limitation.
THE OWNER, BY ITS ACCEPTANCE OF THIS BOND, AND THE ISSUER, BY ITS
ACCEPTANCE OF THE PROCEEDS OF THIS BOND, VOLUNTARILY AND
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10.C.1.b
INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN
RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS BOND, THE RESOLUTION OR ANY OTHER INSTRUMENT
CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE
OF CONDUCT, COURSE OR DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN)
OR ACTIONS OF EITHER PARTY.
[Remainder of Page Intentionally Left Blank]
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10.C.1.b
IN WITNESS WHEREOF, St. Lucie County, Florida has caused this Bond to be executed
in its name by the manual signature of its Chair, attested and countersigned by the manual
signature of its Clerk and approved as to form by the manual signature of the County Attorney,
and its seal to be impressed hereon, all as of this 11th day of February, 2016.
BOARD OF
COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Deputy Clerk Chairman
[SEAL]
APPROVED AS TO FORM:
County Attorney
CERTIFICATE OF VALIDATION
This Bond was validated by judgment of the Circuit Court of the Nineteenth Judicial
Circuit Court of the State of Florida, in and for St. Lucie County, Florida rendered on December
7, 2015.
BOARD OF
COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
an
Chairman
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10.C.1.b
EXHIBIT B
FORM OF PURCHASER'S CERTIFICATE
This is to certify that Seacoast National Bank (the "Purchaser") has not required St. Lucie
County, Florida (the "Issuer") to deliver any offering document and has conducted its own
investigation, to the extent it deems satisfactory or sufficient, into matters relating to business
affairs or conditions (either financial or otherwise) of the Issuer in connection with the issuance
of the $339,000 St. Lucie County, Florida Special Assessment Revenue Bond, Series 2016
(Parkland MSBU Project) dated February 11, 2016 (the "Bond") and no inference should be
drawn that the Purchaser, in the acceptance of said Bond, is relying on Bryant Miller Olive P.A.,
Bond Counsel or Daniel S. McIntyre, County Attorney, as to any such matters other than the
legal opinions rendered by Bond Counsel and by the County Attorney. Any capitalized
undefined terms used herein not otherwise defined shall have the meaning set forth in
Resolution No. 2015-191 adopted by the Board of County Commissioners of the Issuer (the
"Board") on October 6, 2015, as amended and restated by Resolution No. 2016- adopted by
the Board on February 9, 2016 (the "Resolution").
We are aware that investment in the Bond involves various risks, that the Bond is not a
general obligation of the Issuer or payable from ad valorem tax revenues, and that the payment
of the Bond is secured solely from the sources described in the Resolution (the "Pledged
Revenues").
We have made such independent investigation of the Pledged Revenues as we, in the
exercise of sound business judgment, consider to be appropriate under the circumstances. In
making our investment decision, we have relied upon the accuracy of information which has
been provided to us by the Issuer.
We have knowledge and experience in financial and business matters and are capable of
evaluating the merits and risks of our investment in the Bond and can bear the economic risk of
our investment in the Bond.
We acknowledge and understand that the Resolution is not being qualified under the
Trust Indenture Act of 1939, as amended (the "1939 Act"), and is not being registered in reliance
upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933, Section
517.051(1), Florida Statutes, and/or Section 517.061(7), Florida Statutes, and that neither the
Issuer, Bond Counsel nor the County Attorney shall have any obligation to effect any such
registration or qualification.
We are not acting as a broker or other intermediary, and are purchasing the Bond as an
investment for our own account and not with a present view to a resale or other distribution to
the public. We understand that the Bond may be transferred in whole but not in part.
Packet Pg. 157
10.C.1.b
We are a bank, trust company, savings institution, insurance company, dealer,
investment company, pension or profit-sharing trust, or qualified institutional buyer as
contemplated by Section 517.061(7), Florida Statutes. We are not purchasing the Bond for the
direct or indirect promotion of any scheme or enterprise with the intent of violating or evading
any provision of Chapter 517, Florida Statutes.
We are a "national bank" under the laws of the United States of America.
DATED this 11th day of February, 2016.
SEACOAST NATIONAL BANK
By:
Name:
Its:
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10.C.1.b
EXHIBIT C
FORM OF DISCLOSURE LETTER
The undersigned, as purchaser, proposes to negotiate with St. Lucie County, Florida (the
"Issuer") for the private purchase of its $339,000 St. Lucie County, Florida, Special Assessment
Revenue Bond, Series 2016 (Parkland MSBU Project) dated February 11th, 2016 (the 'Bond").
Prior to the award of the Bond, the following information is hereby furnished to the Issuer:
1. Set forth is an itemized list of the nature and estimated amounts of expenses to
be incurred for services rendered to us (the 'Bank") in connection with the issuance of the Bond
(such fees and expenses to be paid by the Issuer):
Legal Fees:
Greenspoon Marder, PA
$6,000
2. (a) No other fee, bonus or other compensation is estimated to be paid by the
Bank in connection with the issuance of the Bond to any person not regularly employed or
retained by the Bank (including any "finder" as defined in Section 218.386(1)(a), Florida
Statutes), except as specifically enumerated as expenses to be incurred by the Bank, as set forth
in paragraph (1) above.
(b) No person has entered into an understanding with the Bank, or to the
knowledge of the Bank, with the Issuer, for any paid or promised compensation or valuable
consideration, directly or indirectly, expressly or implied, to act solely as an intermediary
between the Issuer and the Bank or to exercise or attempt to exercise any influence to effect any
transaction in the purchase of the Bond.
3. The amount of the underwriting spread expected to be realized by the Bank is $0.
4. The management fee to be charged by the Bank is $0.
5. Truth -in -Bonding Statement:
This Bond is being issued primarily to finance, refinance and/or reimburse the cost of
potable water and fire protection improvements to serve the real property comprising the
Parkland Municipal Services Benefit Unit.
The Bond is expected to be repaid on September 1, 2031. At a fixed rate of 3.73%, total
interest paid over the life of the Bond is estimated to be $113,833.38.
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10.C.1.b
The Bond will be payable solely from Pledged Revenues as described in Resolution No.
2015-191 of the Issuer adopted on October 6, 2015, as amended and restated by Resolution No.
2016-_ of the Issuer adopted on February 9, 2016 (the 'Resolution"). See the Resolution for a
definition of Pledged Revenues. Issuance of the Bond is estimated to result in a maximum of
approximately $30,152.70 of revenues of the Issuer not being available to finance the services of
the Issuer any year during the life of the Bond.
The name and address of the Bank is as follows:
Seacoast National Bank
815 Colorado Avenue
Stuart, FL 34994
IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on
behalf of the Bank this 11th day of February, 2016.
SEACOAST NATIONAL BANK
By:
Name:
Its:
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