HomeMy WebLinkAboutAgenda Packet 02.16.2019T. ® I I
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, February 16, 2016
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 5, Chairman
KIM JOHNSON
District No. 1, Vice -Chairman
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
District No. 3
PAULA A. LEWIS
District No. 4
FRANNIE HUTCHINSON
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,
maintain a high quality of life, and protect the natural environment for all our citizens
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board
meeting.
INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third
Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be
addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward,
one at a time. Comments will be limited to five minutes.
As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of
presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to
three minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday
at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, January 26, 2016
5. PROCLAMATIONS APPROVAL
A. A resolution proclaiming February 21-27, 2016 as "National Engineers Week" in St. Lucie
County, Florida.
B. A resolution proclaiming February 2016 as "Florida Hiking Trails Month" in St. Lucie County,
Florida.
C. Resolution - Fair Association Request
Staff recommends that the Board collectively vote approval to pass this resolution.
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
A. Tourism in St Lucie County - Charlotte Bireley
B. OF/IFAS Hayslip Biological Control Research - Dr. Ron Cave
C. PSA Grant Program - Erick Gill, Public Information Manager
D. Zika Virus Preparedness Update - Glenn Henderson, Interim Director Mosquito Control and
Coastal Management Services and Clint Sperber, Administrator, SL Health Department Add -On
8. CONSENT AGENDA
A. WARRANTS
1. Warrant List 18
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
B. ADMINISTRATION
1. Tourist Development Council Funding for Airport Entranceway Project
Staff recommends Board approval to allocate $135,000.00 in funding from the 33% of
the tourist development tax 5th cent for the Treasure Coast International Airport &
Business Park's Entranceway Project.
2. Appointment to the Fort Pierce Wastewater Treatment Plant Ad -Hoc Working
Committee Add -On
Staff recommends that the Board appoint Robert G. Adolphe, P.E. to represent the
County on the Fort Pierce Wastewater Treatment Plant Ad -Hoc Working Committee.
C. COUNTY ATTORNEY
1. St. Lucie County Health Department - Amendment I to Attachment II of FY15-16
Contract
Staff recommends the Board approve the proposed Amendment I to Attachment 11 of
the FY15-16 Contract with the Florida Department of Health, and authorize the
Chairman to sign the Amendment.
2. Resolution - Amending Purchasing Manual to Establish Procurement Procedures for
Federal Transit Administration Funded Projects
Staff recommends the Board adopt the proposed resolution amending the Purchasing
Manual to provide procurement procedures for Federal Transit Administration (FTA)
funded projects, subject to minor revisions which may be required by the FTA as part of
its approval process.
3. Revocable License Agreement - Tarpon Flats Subdivision - Vanderenden - Install Fence in
Utility Easement
Staff recommends that the Board approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and direct Mr. and Mrs.
Vanderenden to record the Revocable License Agreement in the Public Records of St.
Lucie County, Florida.
D. COMMUNITY SERVICES
1. Baker & Taylor Rental Book Proposal
Staff recommends approval of the Baker & Taylor, Inc., Book Lease Agreement and
authorization for the Chairman to sign documents as approved by the County Attorney.
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There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
1. Allied Improvement Agreement Release
Staff recommends Board approval of the release of escrow for Allied New Technologies,
Inc. Improvement agreement.
2. St. Lucie Village Heritage Preserve - Boardwalk Bid Award
Staff recommends Board approval to award Bid No. 16-017 to the lowest responsive and
responsible bidder, Summerlin Marine Construction of Ft. Pierce in the amount of
$123,300.00, and authorization for the Chairman to sign documents as approved by the
County Attorney.
3. Work Camper Agreement - Steven J. Fousek Preserve /Paleo Hammock
Staff recommends Board approval of Work Camper Agreement with Clifford Cammarata
and authorization for the Chairman to sign documents as approved by the County
Attorney.
4. Petravice Infrastructure CIP
Staff recommends Board approval to amend Environmental Resources Department's
(ERD) Capital Improvement Plan to indicate the presence of $200,000.00 for Petravice
Park Improvements. These funds, to be used as 50 percent matching funds for a grant.
However, in order to comply with the granting agency's request, these matching funds
must be identified specifically as dedicated solely for Petravice Park Improvements.
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
1. Request for Proposal (RFP) No. 16-004, Federal Lobbyist Services
Staff recommends Board approval of the short-listed firms for Federal Lobbyist Services
and permission to:
Conduct contract negotiations with the highest ranked short-listed firm;
If negotiations are successful, award contract to the successful short-listed firm
and authorization for the Chairman to sign the documents as prepared by the
County Attorney;
If staff is unable to negotiate a satisfactory contract with the highest ranked
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
proposer, negotiations with that firm shall be terminated and staff shall attempt
to negotiate a contract with the second ranked firm. If these negotiations are not
successful, they shall be terminated with the second proposer and attempted
with the next ranked firm.
K. PARKS, RECREATION & FACILITIES
1. The ARC of St. Lucie County - Walkathon
Staff recommends Board approval to waive $519.75 in facility rental fees for the ARC of
St. Lucie County, Inc. Annual Gene Lofton Walk-a-thon.
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. Parkland Municipal Services Benefit Unit
Staff recommends Board approval of the Interlocal Agreement with the St. Lucie County
Tax Collector for the Parkland MSBU and authorization for the Chairman to sign
documents as approved by the County Attorney.
2. Award of Bid No. 16-008 Subdivision #2 Mowing - Harmony Heights, Sunland Gardens,
Paradise Park, Pony Pines, Timberlake Estates, Ft. Pierce Gardens, Pine Hollow and
Hidden Pines
Staff recommends the Board cancel contract C14-11-590 with Dunn's Tractor Service
and utilize the funds from the cash performance bond to offset the cost incurred by the
County as a result of the contract termination. Staff also recommends Board approval to
award Bid No. 16-008 for Subdivision #2 Mowing to the lowest responsive and
responsible bidder: DGC Environmental Services, Inc. of Ft. Pierce, FL, and authorization
for the Chairman to sign documents as approved by the County Attorney.
O. SHERIFF'S OFFICE
There are no items scheduled.
1. Bid Waiver - Powerscreen of Florida, Inc. Amended
Staff recommends Board approval of bid waiver and authorization for the Chairman to
execute contracts as approved by the County Attorney for the leasing and purchase of
the Powerscreen Warrior 1800 Apron Feeder.
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
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 7.09.05 of the St. Lucie County Land Development Code
affecting the removal of exotic vegetation in St. Lucie County, Florida. 2nd Public
Hearing (2nd Public Hearing)
Staff recommends the Board of County Commissioners adopt the proposed ordinance as
drafted.
B. PLANNING & DEVELOPMENT SERVICES
1. Annual Update to the Comprehensive Plan, Capital Improvements Element (CIE) for FY
2015/16 - FY 2019/20
Staff recommends Board adoption of the annual update to the Capital Improvement
Element (CIE) for FY 2015/16 - FY 2019/20.
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Resolution - Waste Pro Exclusive Residential Agreement - Fourth Amendment - Item "A"
Staff recommends that the Board approve the Fourth Amendment by Resolution and
authorize the Chairman to sign the Resolution and Amendment.
2. Resolution - Amendment to Solid Waste Rate Resolution - Item "B"
Staff recommends that the Board approve the Resolution and authorize the Chairman to
sign the Resolution.
3. Resolution requesting the Governor of Florida to issue a State of Emergency Add -On
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Regular Meeting Tuesday, February 16, 2016 9:00 AM
Staff recommends that this Board adopt the resolution requesting the Governor of the
State of Florida to declare a State of Emergency and authorize the Chairman to
sign the resolution as prepared by the County Attorney.
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold a Special Informal Board meeting to address the
Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 of the Roger
Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
B. 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.
C. 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.
D. 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 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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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
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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
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9:00 AM
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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.
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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"
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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.A
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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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.
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I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
1. Award of Bid No. 16-009, Purchase of Pesticides for the St. Lucie County Mosquito
Control District
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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
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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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M. PUBLIC SAFETY
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N. PUBLIC WORKS
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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
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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.A
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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1. St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease Z
Between Fort Pierce FBO, LLC and Decorus Development LLC. 2
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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
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Regular Meeting
Tuesday, January 26, 2016
9:00 AM
4.A
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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8 1 P a g e Packet Pg. 16
4.A
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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2. Resolution No. 2016-12 - McCarty Road North Bridge Highway Maintenance Z
Memorandum of Agreement 2
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11. ANNOUNCEMENTS Q
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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. 17
5.A
ITEM NO. RES-2016-21
COUNTY
` R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/16/2016
*PROCLAMATIONS APPROVAL
A resolution proclaiming February 21-27, 2016 as "National Engineers
Week" in St. Lucie County, Florida.
It has been requested that this Board proclaim February 21-27, 2016 as "National Engineers 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 & McIntyre, Co my ttorney 1/28/2016
4
Johnson, Di ri No. , Chairm n 2/16/2016
Packet Pg. 18
5.A.a
RESOLUTION
A RESOLUTION PROCLAIMING FEBRUARY 21-27, 2016 AS
"NATIONAL ENGINEER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Engineers have used their scientific and technical knowledge and skills in creative
and innovative ways to fulfill society's needs.
2. Engineers face the major technological challenges of our time - from rebuilding
towns devastated by natural disasters to designing an information superhighway that will speed
our country into this new century.
3. Engineers are encouraging our young math and science students to realize the
practical power of their knowledge.
4. This Board believes that we will look more than ever to engineers and their
knowledge and skills to meet the challenges of the future.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, that this Board does hereby proclaim the week of February 21-27, 2016 as
"NATIONAL ENGINEER'S WEEK" in St. Lucie County, Florida.
PASSED AND DULY ADOPTED thisl6th 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. 19
5.B
ITEM NO. RES-2016-22
COUNTY
` R I ` A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/16/2016
*PROCLAMATIONS APPROVAL
A resolution proclaiming February 2016 as "Florida Hiking Trails Month" in
St. Lucie County, Florida.
It has been requested that this Board proclaim February 2016 as "Florida Hiking Trails Month" in St. Lucie
County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination/Signatures
anie & McIntyre, Co my ttorney 2/9/2016
4
Johnson, Di ri No. , Chairm n 2/16/2016
Packet Pg. 20
5.B.a
RESOLUTION
A RESOLUTION PROCLAIMING FEBRUARY 2016 AS
"FLORIDA HIKING TRAILS MONTH" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The State of Florida has morethan 7,000 milesof shared-useand hiking trails available to hikers
including more than 2,500 miles of hiking trails on public lands.
2. In addition to their natural beauty, Florida's hiking trails provide a year-round source of
pleasure and recreation to St. Lucie County citizens.
3. The hiking opportunities in St. Lucie County provide over 50 miles of hiking trails, internal to
its 9,000 acres of Preserves, for visitors and citizens alike to enjoy.
4. The newly adopted St. Lucie County Greenways & Trails Task Force is charged with providing
connections to these 9,000 acres of Preserves through a 75 mile network of Greenways &Trails
that include regional connections to Martin, Indian River and Okeechobee Counties.
5. Tourism in St. Lucie County is enhanced by the broad variety of hiking experiences available to
its visitors.
6. The Office of Greenways anclTrailswithin the Florida Department of Environmental Protection,
Division of Recreation and Parks, works with partners to establish, expand and promote
Florida's Statewide System of Greenways and Trails.
7. The hiking opportunities in Florida include the 1,000 mile Florida National Scenic Trail, one of
11 congressionally designated National Scenic Trails in the United States.
NOW,THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim February 2016 as "FLORIDA HIKING TRAILS MONTH" in St.
Lucie County, Florida.
2. This Board encourages all citizens and organizations in St. Lucie County to take advantage of
the opportunity to dedicate themselves to the protection and preservation of our hiking trails.
PASSED AND DULY ADOPTED this 16t" day of February 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 21
5.0
ITEM NO. RES-2016-26
•
COUNTY
F
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i D A
TO:
PRESENTED BY:
SUBMITTED BY:
DATE: 02/16/2016
AGENDA REQUEST *PROCLAMATIONS APPROVAL
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
SUBJECT: Resolution - Fair Association Request
BACKGROUND:
The Fair Association has requested that this Board name the new small animal barn at the St. Lucie
County Fairgrounds. Staff has reviewed the request per the criteria in Resolution 15-098, St. Lucie County
Naming Public Facilities Policy, and finds it consistent with the requirements therein. The attached
resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board collectively vote approval to pass this resolution.
COMMISSION ACTION:
Packet Pg. 22
5.0
Coordination/Signatures
anie 5W,� torney 2/12/2016
Johnson, Di it/
No. , Chairm n 2/16/2016
Updated: 2/9/2016 1:23 PM by Carol Bishop Page 2
Packet Pg. 23
5.C.a
1.4*19R1J11191L
A RESOLUTION TO RECOGNIZE AND COMMEND JEANNE KEATON'S EFFORTS TO PROVIDE A
BUILDING FOR SMALL ANIMALS AT THE ST. LUCIE COUNTY FAIRGROUNDS AND FOR THE 20-
PLUS YEARS SHE HAS WORKED TIRELESSLY TO IMPROVE THE FAIR AND ITS FACILITIES IN ST.
LUCIE COUNTY, FLORIDA BY NAMING THE NEW SMALL ANIMAL BUILDING "JEANNE'S COOP"
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Jeanne Keaton has been St. Lucie County's Fair Manager for more than twenty years and
was recently named the Florida Federation of Fairs 2015 "Person of the Year".
2. Jeanne Keaton has worked tirelessly over the past 20-plus years to improve the Fair and
its facilities and was instrumental in acquiringthe newfairgrounds attheir current location
on Midway Road.
3. Jeanne Keaton has long dreamed of moving the small animals out of tents and into a
building of their own.
4. The Fair Association recently accomplished that dream by building the small animal barn
in 2015.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby recognize and commend Jeanne Keaton for her efforts to provide
a building for small animals at the St. Lucie County Fairgrounds, and for the 20-plus years
she has spent improving the Fair and its' facilities, by naming the small animal building
"Jeanne's Coop" in her honor.
BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to Jeanne
Keaton as a token of this Board's appreciation.
PASSED AND DULY ADOPTED this 161h day of February 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
31A
CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS
BY:
COUNTY ATTORNEY
Packet Pg. 24
8.A.1
02/05/16 ST. LUCIE COUNTY - BOARD PAGE
FZABWARR WARRANT LIST #18- 30-JAN-2016 TO 05-FEB-2016
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
138,246.98
0.00
001538
HUD Neighborhood Stab 3
29.47
0.00
001560
Section 112/MPO/FHWA/Planning
3,428.00
0.00
001563
HUD CDBG FY 2013
100.00
0.00
001573
HUD Shelter Plus Care Grant
62.00
0.00
001575
Metropolitan Planning / Sec 5305d
43.00
0.00
101
Transportation Trust Fund
1,466.33
0.00
101001
Transportation Trust Interlocals
2,244.68
0.00
101002
Transportation Trust/80% Constitut
14,803.50
0.00
101003
Transportation Trust/Local Option
5,141.72
0.00
101004
Transportation Trust/County Fuel Tx
7,006.98
0.00
102
Unincorporated Services Fund
2,685.50
0.00
102001
Drainage Maintenance MSTU
21,874.00
0.00
102813
white City Drainage Citrus & Saeger
65.70
0.00
107
Fine & Forfeiture Fund
144,034.01
0.00
107001
Fine & Forfeiture Fund -Wireless Sur
2,639.00
0.00
in
107003
Fine & Forfeiture Fund-800 Mhz Oper
30,320.16
0.00
Z
107005
F&F Fund -Legal Aid
9,434.25
0.00
107006
F&F Fund -Court Related Technology
1,280.40
0.00
W
ill
River Park I Fund
3,204.92
0.00
112
River Park II Fund
743.17
0.00
120
The Grove Fund
221.69
0.00
00
122
Indian River Estates Fund
1,030.72
0.00
w
126
Southern Oak Estates Lighting
154.72
0.00
J
129
Parks MSTU Fund
30,195.00
0.00
130
SLC Public Transit MSTU
155.64
0.00
139
Palm Grove Fund
957.29
0.00
c`a
140
Airport Fund
2,431.09
0.00
140001
Port Fund
4,000.00
0.00
160
Plan Maintenance RAD Fund
73.72
0.00
C
183
Ct Administrator-19th Judicial Cir
4,252.80
0.00
183001
Ct Administrator-Arbitration/Mediat
280.00
0.00
183009
Ct Admin.- Teen Court
1,232.25
0.00
E
184001
Artificial Reef Program
1,500.00
0.00
E
184806
Riverwalk Habitat & Restoration
692.00
0.00
U
185015
FHFC SHIP 2014---2015
9,024.20
0.00
185016
FHFC SHIP 2015-2016
155.64
0.00
187
Boating Improvement Projects
3,000.00
0.00
189110
Home Consortium 2014
28,425.60
0.00
190
Sports Complex Fund
31,701.91
0.00
310002
Impact Fees -Parks
6,390.00
0.00
316001
5th Cent Fuel -Capital
10,741.25
0.00
37009
Parkland MSBU
3,364.02
0.00
401
Sanitary Landfill Fund
358,061.11
0.00
418
Golf Course Fund
5,565.66
0.00
451
S. Hutchinson Utilities Fund
12,095.72
0.00
471
Water & Sewer District Operations
15,529.74
0.00
491
Building Code Fund
385.74
0.00
Packet Pg. 25
8.A.1
02/05/16 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #1B- 30-JAN-2016 TO 05--FEB-2016
FUND SUMMARY
FUND TITLE
505 Health Insurance Fund
505001 Risk Management Fund
625 Law Library
650 Agency Fund
80l Bank Fund
GRAND TOTAL
EXPENSES
44,B10.14
437.75
15,227.00
52,504.12
3,834.52
1,037,284.81
PAGE 2
PAYROLL
796.80
0.00
0.00
0.00
0.00
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Packet Pg. 26
8.B.1
ITEM NO. (ID # 3366)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Charlotte Bireley, County Tourism Manager
Tourism Division
DATE: 02/16/2016
*CONSENT
AGENDA\ADMINISTRATION
Tourist Development Council Funding for Airport Entranceway Project
The main entranceway along Curtis King Boulevard into Treasure Coast International Airport & Business
Park is in need of improvements. The proposed improvement project is currently supported by airport
tenants and users and is estimated to cost $435,000. The Florida Department of Transportation has
agreed to fund $300,000 towards the project, leaving a $135,000 shortfall.
At the Tourist Development Council meeting on Wednesday, January 13, 2016, Airport Manager, John
Wiatrak presented the entranceway project to the council members. Mr. Wiatrak asked the members to
consider a recommendation to the Board to provide funding in the amount of $135,000 for the project.
The funding source would come from the 33% of the tourist development tax 5th cent which is allocated
for capital projects that promote tourism north of Midway Road. The Tourist Development Council voted
4 to 3 in favor of funding the project in the amount of $135,000.
If approved, the project completion will coincide with other improvements and provide a base for the
new and improved airport brand seen by tourists entering and leaving the airport.
PREVIOUS ACTION:
2009 - The BOCC approved using $50,000 of tourism capital funds as a 50% grant match for the Florida
Department of Transportation's Joint Participation Agreement for the design phase of the airport's
terminal. The BOCC approved using $100,000 of tourism capital funds for the 20% local match for the
construction of the airport's terminal.
FINANCIAL IMPACT:
Sufficient funds in the amount of $135,000 will be made available from account string #162-9910-599300-
800 (Reserves)
RECOMMENDATION:
Packet Pg. 27
8.B.1
Staff recommends Board approval to allocate $135,000.00 in funding from the 33% of the tourist
development tax 5th cent for the Treasure Coast International Airport & Business Park's Entranceway
Project.
COMMISSION ACTION:
Coordination/Signatures
iaie 5. Mc"ntyre,torney 2/8/2016 E6M&W De - Administrator 2/12/2016
Updated: 2/10/2016 11:04 AM by Katrina Slay Page 2
Packet Pg. 28
8.B.1.a
ST. LUCIE COUNTY
TOURIST DEVELOPMENT COUNCIL MEETING
Wednesday, January 13, 2016 0 12:30 P.M.
MINUTES
Members present: Commissioner Chris Dzadovsky, Chairman
Vice -Mayor Linda Bartz, City of Port St. Lucie
Marilyn Minix, Road Runner Travel Resort
Terissa Aronson, St. Lucie County Chamber of Commerce
Chris Egan, Vistana's Beach Club — Sheraton PGA
Michelle MacNichol, Perfect Drive Vacation Rentals
Clive Daem, Dockside Inn
Members absent: Commissioner Rufus Alexander, City of Fort Pierce
Paul Taglieri, St. Lucie Mets
Staff present: Katherine Barbieri, St. Lucie County Attorney
Charlotte Bireley, St. Lucie County Tourism
Darius McPhall, St. Lucie County
Also present: Mark Satterlee, SLC Administration
Judy Ahrens, Ahrens Companies
Kelsie Stickles, Holiday Inn Express (FPT)
John Wiatrak, Treasure Coast International Airport
Rick Hatcher, Treasure Coast Sports Commission
Leslie Olson, SLC Planning & Development
Tenille Mcleod, Residence Inn Marriott
Jacqui Loring, Residence Inn Marriott
1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at
12:41 PM.
2. ROLL CALL: Darius McPhail called roll.
3. GUESTS INTRODUCED THEMSELVES:
Guests introduced themselves.
4. APPROVAL OF MINUTES
The minutes from December 11, 2015 were approved.
5. PUBLIC COMMENT:
No public comments.
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Tourist Development Council Meeting 0 January 13, 2016
8.B.1.a
6. Financial & Web Report:
Charlotte Bireley stated that revenues reported were for the second month of the
fiscal year. The November 2015 revenues were $45,677.00 which was 38% percent
higher than what we budgeted and 13.5% higher than November 2014. The year to date
showed we are up 9% for the year.
Also the expense vs revenue report was also explained and again reported that
the P and L report had been revised to reflect amount of funds awarded to the Treasure
Coast Sport Commission on a monthly basis.
Charlotte was asked during the presentation to give a report of the 5t" cent of bed
tax. She stated that the fund balance forward which is 33% of the 5t" cent is
approximately $289,700. She further stated that after the county's audit that the number
is estimated to reach about $316,000, but that amount does not include the 80,000
dollar obligation we have to the Backus Museum which would give an estimated total of
$236,000.
The web report showed that the number of visitors to our site was up in
comparison to 2014 and for the year to over 26,000 visitors. Bireley highlighted that this
month's number are important because it gives us the ability to look at 2015 entirely she
also mentioned the average time spent on the website improved.
7. Proposed Airport Projects for TDC Capital Funding:
John Wiatrak was introduced and begin his presentation with specifics of the
Treasure Coast International Airport. During the presentation he highlighted the 1.9
million dollar Curtis King terminal building, the $2.3 million Customs and Border
Protection Facility and the $750,000 renovation projects.
Wiatrak stated that specifically he wanted to discuss the airport entrance project.
The project that is currently being supported by the elected officials, airport tenants, and
airport users. The Florida Department of Transportation has agreed to fund $300,000 of
the project. Wiatrak further discussed the $135,000 shortage the project was currently
facing and asked the TDC to fund the project in order to draw new tourists to the area.
He also showed a diagram that showed the proposed the renovations of the front
entrance that would make the airport more visible.
Clive Daem then moved to vote for funding in the amount of $135,000 to
subsidize the Treasure Coast International Airport entrance renovation project and Vice
Mayor Linda Bartz seconded. TDC member Michelle McNichol commented that she felt
that the funds should be used on projects that were more of immediate impact on the
tourism in SLC and the project presented was more of economic development nature.
The voted concluded 4 yes in favor of the funding of the project and 3 no which were
not in favor of the project, motion passed.
Dzadovsky — yes
Daem — yes
Bartz — yes
Minix — yes
Aronson — no
MccNichol — no
Egan —no
Page 2 of 3
Packet Pg. 30
Tourist Development Council Meeting 0 January 13, 2016
8.B.1.a
8. African American Cultural Heritage FAM Tour:
Charlotte stated that the Tourism office will be hosting an African American
Cultural Heritage Fam tour during Black History Month in February and it will consist
of 5 national journalists who writer for African American culture and lifestyle
publications. The tour is scheduled to take place Thursday, February 18, 2016
through Sunday, February 21St
Charlotte gave some highlights of the tour which includes up -close experience of
the Zora Neale Hurston Dust Tracks Heritage Trail that commemorates the life and
times of this author, anthropologist, storyteller and dramatist. Also included is the
ribbon cutting and tour of the Highwaymen Heritage Trail and the Highwaymen Art
Festival, honoring the 26 African American artists from Fort Pierce who created
idyllic, colorful images of Florida landscapes.
Bireley included a full itinerary of the scheduled events for the 3 day tour.
9. Other Business:
None
10. Adjournment
Meeting adjourned at 1:38PM
Page 3 of 3
Packet Pg. 31
8.B.1.b
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Our Airport
Airport is in the beginning stages of a big change
Operations increase -specifically jet traffic
FBO growth and changes in clientele
Runway strength upgrade - 6oI< lbs. to iooI< lbs.
Current facilities at capacity
Existing tenants looking to expand
A regional focus on airport and aviation growth
Packet Pg. 33
8.B.1.b
Our Airport
$i.9M Curtis King Terminal building-2013
$2.3M U.S. Customs and Border Protection Facility -
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A project supported by the elected officials, Airport
tenants, and Airport users
FDOT has agreed to fund a $30oK
Project is currently out for bid with an engineer's
estimate of $435K
A gap of $135I<
Project completion will coincide with other
improvements and provide a base for our new Airport
brand
Packet Pg. 36
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Good afternoon,
I was asked to speak on the airport and its potential, but unfortunately I had a scheduled trip to
California, on business, that could not be rescheduled.
So, instead, I wrote up some thoughts to share with the group.
Let me start with saying that the airport, owned by the citizens of St. Lucie County, has experienced
some headwinds over the last decade. Development slowed, tenants struggled, and the aviation
industry overall has suffered. There are many reasons for this, with the number one reason being the
economic impact to owners and investors. Although costs to own and operate have dropped,
ownership has been difficult to justify for many individuals and companies.
However, in the last few years, aircraft manufacturing and ownership has stabilized. Commercial
operations, from airline operations to fractional charter operations, have begun to rise. One reason is
cost of fuel declining. Hopefully, Wall Street will continue to lose favor with commodity trading and
continue to cause the other reason for stabilization ...... rising investment in capital assets. A more stable
economy has led to a willingness to swallow additional investment risk. Specifically asset investment.
And aircraft are assets.
Over the last few months, we have seen an increase in traffic to the field, and an increase that has been
fleeting over the last 7 years. The increase has been a mix of various types of flights, including
international arrivals to US Customs, private flights bringing in local visitors, and maintenance tenants
located here, increasing their client base.
Regarding US Customs, we have a lot to be proud of. The facility at this airfield continues to be the most
popular office for general aviation flights to use among all of the South Florida offices. Our Customs and
Border Protection facility can boast speed and expediency for aircraft to clear through. It is also more
efficient airspace to get in and out of, compared to the congested airspace south of us. Once the
renovation project of the facility is completed, our field should see yet more traffic.
In the years to come, if the economy remains stable, then aviation will benefit greatly, and so will
Treasure Coast International Airport.
First, tenants of this airport, that perform aircraft services such as maintenance and overhaul, will see
their businesses grow. This leads to more hiring and more investment in their growth.
Second, operations, such as flight training and charter, will see an increase in clients and charter
requests.
And third .... this field will see more attention from non -local citizens. And this is the attention we need.
Today's focus is the future of this field and what should be improved. Historically, the airport property
has been a patchwork of development on numerous parcels. And as development occurred, attention
was on the buildings and less on the pathways in and out.
But with an increase in traffic, such as the large corporate jets that we have seen more regularly over
the last few months, we need to focus more attention on the main entrance and its enhancements. The
last thing a client sees leaving the field and the first thing they see arriving here should be a modern,
Packet Pg. 40
8.B.1.c
well landscaped, highly visible entrance. And this enhancement should not be solitary or exclusive. The
painting should then extend all the way to the terminal. And for a good reason.....
As stated in the past, our field has grown mostly because of maintenance and aviation support services.
And due to this trait, not all areas of the field look attractive. And that's ok. As they have been the only
structures on the field that have generated jobs. But, with a developed entrance and an improved
Curtis King Blvd, much of the field structures can be hidden from sight. And with an increasing client
base, visitors will see the best of our area in the first % mile. Or, if they are departing, the last % mile.
Our field will not become a Stuart, Hilton Head, or Vero Beach overnight. But, I do believe that the
Treasure Coast, in our area, will become great again. I believe that St. Lucie County will attract new
investment and gain secondary residents who choose to build their next home, or estate, in our area.
And it goes without saying that creating an attractive view is the perfect welcome.
For example, sometime in the near future, we will have a new resort on North Beach. When that
happens, the ramp will see new aircraft bringing in resort visitors. And those visitors will judge this area
by the first thing they see ... the airport.
My hope for the field is a slow and steady increase in traffic with steady improvements over the next
few years. It's expensive to develop and even more expensive to improve infrastructure. More
expensive because improving signs, landscaping, and roads have no direct payoff. It's a selling point that
is difficult to justify and even more difficult to measure impact.
But, I believe that it's a start. And showing the rest of the world that this community is ready to play a
bigger role in the state, drawing new residents, investment, and interest, starts on this field. As many of
you know, investors typically fly into a community. Or close to it. They don't plan road trips.
We have long reconciled the attitude and understanding that this airport we own is industrial oriented.
Its big, its spacious, and its home to services that do not include boutique charter firms or corporate
flight departments. But, as many fields have done in this country, it will eventually grow to
accommodate businesses outside of what we see today. And putting efforts to make subtle changes will
not go unnoticed and may just serve as the selling point for greater local investment.
Thank you for coming today, and my apologies for being unable to join you.
Christopher Hambleton
Packet Pg. 41
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Packet Pg. 42
ITEM NO. (ID # 3380)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
Howard Tipton, County Administrator
Administration
DATE: 02/16/2016
*CONSENT
AGENDA\ADMINISTRATION
Appointment to the Fort Pierce Wastewater Treatment Plant Ad -Hoc
Working Committee
On February 8, 2016, the City of Fort Pierce Planning Department Staff recommended and the City
Commission voted to approve the creation of an ad -hoc working committee to address relocation of the
Wastewater Treatment Plant. The Commission approved a seven member panel that includes one
representative appointed by each Commissioner and the Mayor plus and FPUA appointee and a County
Appointee.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board appoint Robert G. Adolphe, P.E. to represent the County on the Fort
Pierce Wastewater Treatment Plant Ad -Hoc Working Committee.
COMMISSION ACTION:
Coordination/Signatures
1 jX,_rb,_,r,,Asst.
County Attorney 2/12/2016 d&W De :un Administrator 2/12/2016
Packet Pg. 43
8.B.2.a
P14
CITY OF FORT PIERCE
�A*PLANNING DEPARTMENT
REBECCA GROHALL, AICP, PLANNINGMANAGER
COMPREHENSIVEPLANNfNG O DEVELOPMENT REVIFW
HLSTORIC PRFSERYAvnN 0 URBAN DESIGNO URBAN FORaTRYO ZONING
TO: Nicholas Mimms, City Manager
FROM: Rebecca Grohall, Planning Director
RE: Ad -Hoc Relocation Committee
DATE: February 2, 2016
The Planning Department staff is recommending the commission move forward with selecting an ad -hoc
working committee that would explore all aspects of relocating the Fort Pierce Wastewater Treatment
Plant
Staffs recommendation is that the committee be kept small, perhaps seven members total: one
representative appointed by each Commissioner and the Mayor, plus an FPUA appointee and a County
appointee.
In 2012, the Western Peninsula Charette was held and several "next step" implementation items were
suggested, you can find those starting on page 32 of the Vision document. This committee would study all
aspects of relocating the waste water treatment plant, including:
• Developing an estimate of all expenses involved
• Exploring and pursuing different funding mechanisms
• Establishing general financing policies
• Updating and adjusting relocation costs
Staff is requesting discussion and direction, so Staff can take the appropriate action.
100 N. U.5.1 0 P.O. Box 1480 0 FoRT PIERCE, FL 34954-1480 0 772-467-3000 0 Fnx 772-466-5808
W W W.CITYOFFORTPIERCE.COM
Packet Pg. 44
Printed Agenda
Page 1 o
CITY OF FORT PIERCE
CONFERENCE AGENDA
Conference Agenda Meeting - Monday, February 8 2016 - 8:30 a.m.
City Hall - City Commission Chambers, 100 North U.S. #1, Fort Pierce, Florida
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. New Business
A. Strategic Plan Implementation Update - City Manager
B. Customer Service Strategies - City Manager
C. 2016 Legislative Priorities Update - City Manager
D. Discussion and Concensus on the creation of an ad -hoc
working committee to address relocation of the Wastewater
Treatment Plant - Planning Director
E. State Housing Initiatives Partnership Strategy - Urban
Redevelopment Manager and Grant Writer
F. Discussion of request to rename a portion of Avenue A as
Marina Way from US 1 east to the marina - City Manager
5. Adjournment
http://destinyhosted.com/print_agenda.cf n?seq=470&reloaded=t... 2/11 Packet Pg. 45
Print Agenda Item
Page 1 o
City Commission Conference Agenda
Agenda item # 4
D.
Meeting Date: 02/08/2016
Re: Relocation Committee
Submitted For: Rebecca Grohall, Planning & Zoning Manager, Planning & Zoning
SUBJECT:
Discussion and Concensus on the creation of an ad -hoc working committee to address
relocation of the Wastewater Treatment Plant - Planning Director
Attachments
Staff Memo
Western Peninsula Charette
Letter from Harold "Buzz" Smyth
Form Review
Inbox Reviewed By Date
City Manager Nick Mimms 02/03/2016 09:41 AM
Form Started By: Rebecca Grohall Started On: 01/28/2016 01:32 PM
Final Approval Date: 02/03/2016
http://destinyhosted.com/print—ag_memo.cfm?seq=2554&rev—nu... 2/11 Packet Pg. 46
8.C.1
ITEM NO. (ID # 3348)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE
02/16/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
St. Lucie County Health Department - Amendment I to Attachment II of
FY15-16 Contract
Attached to this agenda item is a proposed Amendment I to the FY15-16 contract with the Florida
Department of Health for operation of the St. Lucie County Health Department. The proposed
amendment will amend Attachment II of the contract to provide for increased revenues and reallocation
of State funds. As a result of revenue increases and reallocation of program funds, the amendment will
result in an increase from $11,655,650.00 to $11,684,581.00 (net increase of $28,931.00). The cover
letter from the Health Department which breaks down the program changes is also attached. There will
be no increase in the County's contribution under the proposed amendment.
PREVIOUS ACTION:
On September 15, 2015, the Board of County Commissioners approved the FY15-16 Contract with the
Florida Department of Health for the operation of the St. Lucie County Health Department.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board approve the proposed Amendment I to Attachment II of the FY15-16
Contract with the Florida Department of Health, and authorize the Chairman to sign the Amendment.
COMMISSION ACTION:
Packet Pg. 47
8.C.1
Coordination/Signatures
anie SW,� torney 1/25/2016
Updated: 2/2/2016 4:04 PM by Katrina Slay Page 2
Packet Pg. 48
8.C.1.a
Rick Scott
Governor
January 8, 2016
Beth Ryder, Community Services Director
7th Street
Fort Pierce, FL 34953
Dear Beth:
HEALTH John H. Armstrong, MD, FACS
State Surgeon General
RECEIVED
JAN 13 2016
COMMUNITY SERVICES
Below is a breakdown of the Amended revenue increases and reallocation, by program, in the amount
of $28,931.00 for Attachment II, State & County Contract 2015-2016. Also included are all changed
pages for the contract amendment. Should you have any questions please call me at X 4885.
State and County Contract Amendment By Program
Program
Original Contract
Amended Contract
Source of Change
Gen Rev SCH C
$ 2,508,090.00
$
2,503,283.00
Decrease in SCH C gen rev
Non Gen. Rev. SCH
C
$ 223,260.00
$
188,746.00
Decrease non SCH C other rev
Federal Revenue
SCH C
$ 5,739,161.00
$
6,053,441.00
Increase in program Fed funding
EH Rev
$ 250,250.00
$
251,225.00
Increase in EH revenue
Medicaid Revenue
$ 1,444,083.00
$
1,519,604.00
Increase in Medicaid rate
Clinic Local Revenue
$ 692,014.00
$
628,836.00
Decrease in Clinic Local revenue
Local Grants
$ 798,792.00
$
539,446.00
Decrease in Grant revenue
Total $ 11,655,650.00 $ 11,684,581.00
Thank you,
Traci A. Fox, MP
Finance & Acco nting Director
CC: Clint Sperber
Heather Young
HPO Budget Office
ST. LUCIE COUNTY HEALTH DEPARTMENT
5150 NW Milner Drive Q
Fort Pierce Site Port St. Lucie, FL 34983 Port St. Lucie Site
714 Avenue "C" (772) 462-3800 5150 NW Milner Dr
FAX: (772) 462-3824 Website: http://www.stluciecountyhealth.com FAX: (772) 873-4941
Packet Pg. 49
8.C.1.a
Rick Scott
Governor HEALTH
Detail of funding changes:
Gen Rev SCH C:
$4,807.00 decrease in non -categorical GR
Non Gen Rev SCH C:
$34,514.00 decrease in Tobacco Admin & Management
John H. Armstrong, MD, FACS
State Surgeon General
Fed Rev SCH C:
$314,280.00 increase Bioterrorism Hospital Preparedness, Community Hith Improvement (non-
recurring funds) Public Hlth Preparedness
Note: All Federal monies are reimbursed as we spend it.
EH Rev:
$975.00 increase in permitting fee charges
Medicaid Rev:
$75,521.00 increase in collection of Insurance payments due to new contract signed
Note: All funding goes back into the programs to support them
Clinic Local Rev:
$63,178.00 decrease in collection of personal Hlth fees and clients
Note: All funding goes back into the programs to support them
Local Grants:
$259,346.00 decrease in Local grant agreements
Note: All funding goes back into the programs to support them
ST. LUCIE COUNTY HEALTH DEPARTMENT
5150 NW Milner Drive
Fort Pierce Site Port St. Lucie, FL 34983
714 Avenue "C" (772) 462-3800
FAX: (772) 462-3824 Website: http://www.stluciecountyhealth.com
Port St. Lucie Site
5150 NW Milner Dr
FAX: (772) 873-4941
Packet Pg. 50
8.C.1.a
Environmental health services shall be supported by available federal, state and local funds
and shall include those services mandated on a state or federal level. Examples of
environmental health services include, but are not limited to, food hygiene, safe drinking
water supply, sewage and solid waste disposal, swimming pools, group care facilities,
migrant labor camps, toxic material control, radiological health, and occupational health.
b. "Communicable disease control services" are those services which protect the health
of the general public through the detection, control, and eradication of diseases which are
transmitted primarily by human beings. Communicable disease services shall be supported
by available federal, state, and local funds and shall include those services mandated on a
state or federal level. Such services include, but are not limited to, epidemiology, sexually
transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control
and maintenance of vital statistics.
c. "Primary care services" are acute care and preventive services that are made
available to well and sick persons who are unable to obtain such services due to lack of
income or other barriers beyond their control. These services are provided to benefit
individuals, improve the collective health of the public, and prevent and control the spread of
disease. Primary health care services are provided at home, in group settings, or in clinics.
These services shall be supported by available federal, state, and local funds and shall
include services mandated on a state or federal level. Examples of primary health care
services include, but are not limited to: first contact acute care services; chronic disease
detection and treatment; maternal and child health services; family planning; nutrition; school
health; supplemental food assistance for women, infants, and children; home health; and
dental services.
4. FUNDING. The parties further agree that funding for the CHD will be handled as
follows:
a. The funding to be provided by the parties and any other sources is set forth in Part II
of Attachment II hereof. This funding will be used as shown in Part I of Attachment ll.
i. The State's appropriated responsibility (direct contribution excluding any state
fees, Medicaid contributions or any other funds not listed on the Schedule C) as
provided in Attachment II, Part II is an amount not to exceed
0, 1) $ 8,745,470.00 (State General Revenue, State Funds, Other State Funds and Federal
Funds listed on the Schedule C). The State's obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
ii. The County's appropriated responsibility (direct contribution excluding any fees,
other cash or local contributions) as provided in Attachment II, Part II is an
amount not to exceed $917,647.00 (amount listed under the "Board of County
Commissioners Annual Appropriations section of the revenue attachment).
b. Overall expenditures will not exceed available funding or budget authority, whichever
is less, (either current year or from surplus trust funds) in any service category. Unless
requested otherwise, any surplus at the end of the term of this contract in the County Health
2
Packet Pg. 51
8.C.1.a
St. Lucie County Health Department
5150 NW Milner Drive
Port St. Lucie , FL 34983
Address
772-873-4885
Telephone
St. Lucie County
437 7th Street
Ft. Pierce ,FL 34952
Address
772-462-1772
Telephone
If different contract managers are designated after execution of this contract, the name,
address and telephone number of the new representative shall be furnished in writing to the
other parties and attached to originals of this contract.
c. Captions. The captions and headings contained in this contract are for the
convenience of the parties only and do not in any way modify, amplify, or give additional
notice of the provisions hereof.
In WITNESS THEREOF, the parties hereto have caused this 8 page contract, with its
attachments as referenced, including Attachment 1 (2 pages), Attachment II (6 pages),
Attachment III (1 pages), Attachment IV (1 pages), and Attachment V (1 pages), to be
executed by their undersigned officials as duly authorized effective the 1st day of October,
2015.
BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA
FOR St. Lucie COUNTY DEPARTMENT OF HEALTH
SIGNED BY:
NAME: Kim Johnson
TITLE: Chairman
DATE:
ATTESTED TO:
SIGNED BY:
NAME: John H. Armstrong, MD
TITLE: Surgeon General/Secretary of Health
DATE:
SIGNED BY: SIGNED BY:
NAME:
TITLE: Clerk of the Court
DATE:
NAME: Clint Sperber
TITLE: CHD Director/Administrator
DATE:
8
Packet Pg. 52
8.C.1.a
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES
Estimated State Estimated County
Share of CHD Trust Share of CHD Trust
Fund Balance Fund Balance Total
1. CHD Trust Fund Ending Balance 09/30/15
825686-264946 560740
2. Drawdown for Contract Year
October 1, 2015 to September 30, 2016
-492996 568592 75596
3. Special Capital Project use for Contract Year
October 1, 2015 to September 30, 2016
-34364 0 -34364
4. Balance Reserved for Contingency Fund
October 1, 2015 to September 30, 2016
298326 303646 601972
Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans.
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Attachment _11 packet Pg. 53
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
' Part II, Sources of Contributions to County Health Department
October 1, 2015 to' September 30, 2016
�p
LO
State CHD ` County
Total CHD
Trust'Fund CHD
Trust Fund
Other`--':
LL
_
Trust Fund
(cash)
Contribution
Total
1. GENERAL REVENUE - STATE
r
d
015040
AIDS PATIENT CARE
195,000
0
195,000
0
195,
E
015040
AIDS PREVENTION & SURVEILLANCE - GENERAL REVENUE
89,214
0
89,214
0
89
v
R
015040
CHD - TB COMMUNITY PROGRAM
146,568
0
146,568
0
146
r
Q
015040
SEXUALLY TRANSMITTED DISEASE CONTROL PROGRAM GR
49,541
0
49,541
0
49,
r
015040
DENTAL SPECIAL INITIATIVE PROJECTS
6,597
0
6,597
0
6,
015040
FAMILY PLANNING GENERAL REVENUE
47,523
0
47,523
0
47
d
E
015040
PRIMARY CARE PROGRAM
309,562
0
309,562
0
309
C
015040
SCHOOL HEALTH SERVICES - GENERAL REVENUE
229,833
0
229,833
0
229
d
E
015040
DOH RESPONSE TO TERRORISM
71,361
0
71,361
0
71
Q
015050
CHD GENERAL REVENUE NON -CATEGORICAL
1,358,084
0
1,358,084
0
1,358
O
GENERAL REVENUE TOTAL
2,503,283
0
2,503,283
0
2,503
E
L
Q
2. NON GENERAL REVENUE - STATE
Q
015010
STATE UNDERGROUND PETROLEUM RESPONSE ACT
8,972
0
8,972
0
8
t
r
015010
ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM
9,681
0
9,681,
0
9
cu
015010
TOBACCO STATE AND COMMUNITY INTERVENTIONS
147,093
0
147,093
0
147
=
015010
TOBACCO NON PILOT EXPENDITURES
23,000
0
23,000
0
23
3
NON GENERAL REVENUE TOTAL
188,746
0
188,746
0
188
O
U
aD
3. FEDERAL FUNDS - STATE
v
J
007000
AIDS DRUG ASSISTANCE PROGRAM ADMIN
72,291
0
72,291
0
72
007000
AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ
20,750
0
20,750
0
20
N
007000
AIDS SURVEILLANCE - CORE
4,919
0
4,919
0
4
00
007000
AFRICAN AMERICAN HIV TESTING INITIATIVE/CLINICAL
199,072
0
199,072
0
199
M
M
007000
AFRICAN AMERICAN HIV TESTING INITIATIVE/NONCLINC
63,000
0
63,000
0
63
007000
BIOTERRORISM HOSPITAL PREPAREDNESS
200,028
0
200,028
0
200
r
007000
WIC BREASTFEEDING PEER COUNSELING PROG
52,102
0
52,102
0
52
007000
COASTAL BEACH WATER QUALITY MONITORING
9.735
0
9,735
0
9
>_
LL
007000
COMPREHENSIVE COMMUNITY CARDIO - PHBG
35,000
0
35,000
0
35
.r
C
007000
POPULATION BASED BIRTH DEFECTS SURV PROGRAM
1,373
0
1,373
0
1
d
E
007000
FAMILY PLANNING TITLE X - GRANT
83,657
0
83,657
0
83
=
R
007000
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
423,070
0
423,070
0
423
d
007000
IMMUNIZATION ACTION PLAN
46,284
0
46,284
0
46
007000
MCH SPECIAL PROJCT DENTAL
26,873
0
26,873
0
26
007000
MCH SPECIAL PROJECTS DENTAL
35,342
0
35,342
0
35
=
007000
PHP - PREPAREDNESS CARRY FORWARD - PHEF
2,259
0
2,259
0
2
iv
007000
HPP AND PHEP COOP AGRMT PHEP EBOLA SUPPLEMENT #2
29,497
0
29,497
0
29
V
007000
PHP PUBLIC HEALTH PREPAREDNESS BASE ALLOC
331,115
0
331,115
0
331
007000
AIDS PREVENTION
404,611
0
404,611
0
404
C
d
t
007000
RYAN WHITE TITLE II CARE GRANT
71,841
0
71,841
0
71
c,>
007000
RYAN WHITE TITLE II GRANT/CHD CONSORTIUM
2,325„765
0
2,325,765
0
2,325
r
Q
007000
RYAN WHITE - EMERGING COMMUNITIES
110,188
0
110,188
0
110
007000
IMPROVING STD PROGRAMS
71,057
0
71,057
0
71
007000
FLORIDA STD SURVEILLANCE NETWORK PART A
1,956
0
1,956
0
1,956
An
Packet Pg. 54
ATTACHMENT II
ST. LUCIE COUNTY HEALTH DEPARTMENT
Part II, Sources of Contributions to County, Health Department
'October 1, 2015 to September 30, 2016
�p
LO
State CHD
County
Total CHD
Trust Fund
CHD �
Trust Fund
Other,LL
(cash)
Trust Fund
(bash)
Contribution _
Total
-
007000 WIC PROGRAM ADMINISTRATION
1,384,395
0
1,384,395
0
1,384
r
d
015075 INSPECTIONS OF SUMMER FEEDING PROGRAM - DOE
4,035
0
4,035
0
4
t
015075 SUPPLEMENTAL SCHOOL HEALTH
32,383
0
32,383
0
32
v
R
015075 REFUGEE HEALTH SCREENING REIMBURSEMENT
10,843
0
10,843
0
10
r
Q
FEDERAL FUNDS TOTAL
6,053,441
0
6,053,441
0
6,053
r
C
4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE
m
E
001020 CHD STATEWIDE ENVIRONMENTAL FEES
130,450
0
130,450
0
130
001092 CHD STATEWIDE ENVIRONMENTAL FEES
101,800
0
101,800
0
101
d
E
001206 ON SITE SEWAGE DISPOSAL PERMIT FEES
7,963
0
7,963
0
7
Q
001206 SANITATION CERTIFICATES (FOOD INSPECTION)
2,012
0
2,012
0
2
0
001206 SEPTIC TANK RESEARCH SURCHARGE
1,060
0
1,060
0
1
E
r
001206 PUBLIC SWIMMING POOL PERMIT FEES-10% HQ TRANSFER
3,500
0
3,500
0
3
001206 DRINKING WATER PROGRAM OPERATIONS
2,151
0
2,151
0
2
Q
001206 REGULATION OF BODY PIERCING SALONS
75
0
75
0
r
001206 TANNING FACILITIES
12
0
12
0
is
001206 ONSITE SEWAGE TRAINING CENTER
75
0
75
0
=
001206 TATTO PROGRAM ENVIRONMENTAL HEALTH
880
0
880
0
001206 MOBILE HOME & RV PARK FEES
1,247
0
1,247
0
1
3
0
U
FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL
251,225
0
251,225
0
251
y
5. OTHER CASH CONTRIBUTIONS - STATE:
J
0
0
0
0
N
090001 DRAW DOWN FROM PUBLIC HEALTH UNIT
492,996
0
492,996
0
492
00
OTHER CASH CONTRIBUTION TOTAL
492,996
0
492,996
0
492
cci
6. MEDICAID - STATE/COUNTY
r
co
001057 CHD CLINIC FEES
0
200,727
200,727
0
200
001057 PROJECT AIDS CARE CASE MANAGEMENT
0
326,500
326,500
0
326
001148 CHD CLINIC FEES
0
992,377
992,377
0
992
LL
C
MEDICAID TOTAL
0
1,519,604
1,519,604
0
1,519
E
L
cu
7. ALLOCABLE REVENUE - STATE:
CL
d
018000 CHD CLINIC FEES
168
0
168
0
t
ALLOCABLE REVENUE TOTAL
168
0
168
0
d
2
8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE
iv
ADAP
0
0
0
835,828
836
PHARMACY DRUG PROGRAM
0
0
0
104,655
104
00
WIC PROGRAM
0
0
0
6,228,316
6,22E
d
BUREAU OF PUBLIC HEALTH LABORATORIES
0
0
0
44,660
49
E
t
IMMUNIZATIONS
0
0
0
134,457
134
V
R
OTHER STATE CONTRIBUTIONS TOTAL
0
0
0
7,347,916
7,341
Q
9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT
008005 CHD LOCAL REVENUE & EXPENDITURES
0 917,647 917,647 0 917,647
An Packet Pg. 55
ATTACE MENT.II
ST. LUCIE COUNTY HEALTH DEPARTMENT
Part II, Sources of Contributions to County Health
Department
October 1, 2015.to September 30, 2016
cp
LO
State CHD
County
Total CHD
Trust Fund
: CHD
Trust Fund
_Other,
LL
(cash)
Trust Fund'
(cash)
Contribution
Total
=
DIRECT COUNTY CONTRIBUTIONS TOTAL
0 917,647
917,647
0
917
r
d
E
10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY
Lei
001077 CHD CLINIC FEES
0 183,216
183,216
0
183
Q
001077 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES
0 1,289
1,289
0
1
0
.r
001094 CHD LOCAL ENVIRONMENTAL FEES
0 200,671
200,671
0
200
+,
001110 VITAL STATISTICS CERTIFIED RECORDS
0 243,660
243,660
0
243
C
FEES AUTHORIZED BY COUNTY TOTAL
0 628,836
628,836
0
628
-a
c
d
11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY
E
Q
001029 CHD CLINIC FEES
0 212,622
212,622
0
212
'
001090 CHD CLINIC FEES
0 12,978
12,978
0
12
Q
005000 CHD LOCAL REVENUE & EXPENDITURES
0 4,137
4,137
0
4
E
007010 RYAN WHITE TITLE IV/PART D - TO CHD
0 64,160
64,160
0
64
Q
Q
010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT
0 10
10
0
011000 CHD LOCAL REVENUE & EXPENDITURES
0 115,285
115,285
0
115
r
R
011000 SCHOOL HEALTH CLINICS FUNDED BY SCHOOL BOARD
0 102,503
102,503
0
102
4)
011001 CHD HEALTHY START COALITION CONTRACT
0 559,693
559,693
0
559
>,
012020 CHD LOCAL ENVIRONMENTAL FEES
0 6,650
6,650
0
6
3
031005 DISEASE OF PUBLIC HEALTH SIGNIFICANCE
0 30,000
30,000
0
30
(j
090002 DRAW DOWN FROM PUBLIC HEALTH UNIT
0 -568,592
•568,592
0
•568
•�
v
OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL
0 539,446
539,446
0
539
J
12. ALLOCABLE REVENUE - COUNTY
N
018000 CHD CLINIC FEES
0 170
170
0
00
M
COUNTY ALLOCABLE REVENUE TOTAL
0 170
170
0
13. BUILDINGS • COUNTY
r
co
ANNUAL RENTAL EQUIVALENT VALUE
0 0
0
0
�n
OTHER (Specify)
0 0
0
0
UTILITIES
0 0
0
0
LL
r
BUILDING MAINTENANCE
0 0
0
0
d
GROUNDS MAINTENANCE
0 0
0
0
INSURANCE
0 0
0
0
CU
CL
d
OTHER (Specify)
0 0
0
0
OTHER (Specify)
0 0
0
0
R
BUILDINGS TOTAL
0 0
0
0
2
14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY
EQUIPMENT / VEHICLE PURCHASES
0
0
0
0
V
00
VEHICLE INSURANCE
0
0
0
0
a�
VEHICLE MAINTENANCE
0
0
0
0
E
OTHER COUNTY CONTRIBUTION (SPECIFY)
0
0
0
0
v
R
OTHER COUNTY CONTRIBUTION (SPECIFY)
0
0
0
0
Q
OTHER COUNTY CONTRIBUTIONS TOTAL
0
0
0
0
GRAND TOTAL CHD PROGRAM 9,489,859 3,605,703 13,095,562 7,
An Packet Pg. 56
ATTACHMENT II
ST.
LUCIE COUNTY HEALTH DEPARTMENT
Part III, Planned Staffing.
Clients, Services and Expenditures By Program Service Area Within Each Level of Service
October 1, 2016 to September 30, 2016
Quarterly Expenditure Plan
FTE's
Clients -Services/
let
2nd
3rd
4th
Grand
tcl
(0.00)
Unite
Visits
(Whole dollars only)
State
County
Total
>.
LL
A COMMUNICABLE DISEASE CONTROL:
-
IMMUNIZATION (101)
3.38
2,117
2,784
54.053
63,046
54,053
63,047
118,210
115,989
234.
41
=
SEXUALLY TRANS. DIS. (102)
8.07
1,918
3,033
112,050
130,693
112,050
130,693
365,094
120,392
485;
t)
HIV/AIDS PREVENTION (03A1)
7.13
3,853
5,471
157,162
183,310
157,162
183,311
680,866
79
680,1
r
r
HIV/AIDS SURVEILLANCE (03A2)
1.16
11
63
21,139
24,657
21,139
24,657
91,592
0
91,!
0
HIV/AIDS PATIENT CARE (03A3)
43.20
2,918
22,016
845,394
986,049
845,394
986,050
3,210,205
452,682
3,662,1
-
C
ADAP (03A4)
2.56
211
1,214
36,516
42,591
36,516
42,591
158,214
0
158,!
TUBERCULOSIS (104)
3.71
425
1,488
56,824
66,278
56,824
66,278
211,119
35,085
246,!
d
COMM. DIS. SURV. (106)
3.37
277
10,354
56,531
65,936
56,531
65,936
1,129
243,805
244,!
E
Q
HEPATITIS (109)
0.01
31
38
181
211
181
212
0
785
PREPAREDNESS AND RESPONSE (116)
4.51
0
1,217
134,444
156,812
134,444
156,811
556,203
26,308
582,!
0)
REFUGEE HEALTH (118)
0.23
42
97
3,914
4,565
3,914
4,566
10,843
6,116
16,1
VITAL RECORDS (180)
1.77
8,024
16,592
25,396
29,621
25,396
29,621
0
110,034
110,1
COMMUNICABLE DISEASE SUBTOTAL
79.10
19,827
64,367
1,503,604
1,753,769
1,503.604
1,753,773
5,403,475
1,111,275
6,514,'
r
B. PRIMARY CARE:
fC
CHRONIC DISEASE PREVENTION PRO (210)
1.38
688
3,012
97,368
55,248
22,368
30,248
151,857
53,375
205,!
_
WIC (21W1)
25.93
26,237
129,292
384,135
448,046
384,135
448,045
1,663,236
1,125
1,664,:
TOBACCO USE INTERVENTION (212)
2.42
0
257
48.201
56,220
48,201
56,219
208.841
0
208,1
V
WIC BREASTFEEDING PEER COUNSELING (21W2)
2.37
0
4,959
14,768
17,225
14,768
17,225
63,986
0
63,!
•�
t)
3
FAMILY PLANNING (223)
5.06
1,202
2,030
77,757
90,693
77,757
90,693
130,267
206.633
336,!
J
IMPROVED PREGNANCY OUTCOME (225)
0.00
0
0
0
0
0
0
0
0
(A
HEALTHY START PRENATAL (227)
3.07
951
4,530
50,341
58,716
50,341
58,716
0
218,114
218,
00
M
COMPREHENSIVE CHILD HEALTH (229)
5.96
686
1,546
82,944
96,744
82,944
96,745
256,137
103,240
359,!
HEALTHY START CHILD (231)
2.18
495
2,856
30,160
35,179
30,160
35,179
124.623
6.055
130,1
r
SCHOOL HEALTH (234)
13.22
0
539,940
194,467
226,823
194,467
226,823
412,780
429,800
842,;
COMPREHENSIVE ADULT HEALTH (237)
9.14
2,625
6,993
124,292
144,972
124,292
144,972
388,959
149,569
538,;
r
COMMUNITY HEALTH DEVELOPMENT (238)
0.76
0
227
17,294
20,172
17,294
20,172
74.932
0
74•1
LLL
DENTAL HEALTH (240)
16.21
5,665
11,060
270,304
315,277
270,304
315,276
201.114
970,047
1,171,
d
PRIMARY CARE SUBTOTAL
87.70
38,549
706,702
1,392,031
1,565,315
1,317,031
1,540,313
3,676,732
2,137,958
5,814,1
R
C. ENVIRONMENTAL HEALTH:
1Z
d
Water and Onsite Sewage Programs
t
COSTAL BEACH MONITORING (347)
0.11
242
249
3,707
4,324
3,707
4,323
14,752
1,309
16,1
d
LIMITED USE PUBLIC WATER SYSTEMS (357)
1.51
264
2,660
23,286
27,161
23,286
27,161
26,579
74,315
100,;
_
fC
PUBLIC WATER SYSTEM (358)
0.00
0
0
22
26
22
27
76
21
PRIVATE WATER SYSTEM (359)
1.11
414
1,106
15,307
17,853
15,307
17,853
422
65,898
66,;
o6
ONSITE SEWAGE TREATMENT & DISPOSAL (361)
2.49
779
1,443
34,742
40,522
34,742
40,523
90,818
59,711
150
d
t
Group Total
5.22
1,699
5,458
77,064
89,886
77,064
89,887
132,647
201,254
333,!
t)
Facility Programs
r
Q
TATTOO FACILITY SERVICES (344)
0.15
0
46
2,223
2,592
2,223
2,592
7,405
2,225
9,1
FOOD HYGIENE (348)
0.84
122
531
11,968
13,959
11,968
13,959
38,958
12,896
51,auy
Packet Pg. 57
ATTACHMENT II
ST. LUCIE COUNTY- HEALTH DEPARTMENT
PartIII, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service
October 1, 2016 to,Sep_tember 30, 2016 _
Quarterly Expenditure Plan
-
tC
FTE's
Clients Services/
let
2nd
3id
4th
Grand
(0.00)
Unite "
Visits
(Whole dollars only)
_
State
County '
Total
>_
tL
BODY PIERCING FACILITIES SERVICES (349)
0.02
5
12
759
885
759
884
2,964
323
3,!
GROUP CARE FACILITY (351)
0.43
108
192
5,876
6,854
5,876
6,854
5,364
20,096
25,,
d
MIGRANT LABOR CAMP (352)
0.06
3
23
1,002
1,169
1.002
1.169
3,785
557
4,�
=
t)
HOUSING & PUB. BLDG. (353)
0.00
0
0
0
0
0
0
0
0
r
MOBILE HOME AND PARK (354)
0.28
35
66
3,779
4,407
3,779
4,407
13,058
3,314
16.:
0
POOLS/BATHINGPLACES (360)
1.33
431
1,323
19,199
22,393
19,199
22,392
61,146
22,037
83,:
Z
C
BIOMEDICAL WASTE SERVICES (364)
0.79
383
410
9,914
11,563
9,914
11,564
31,099
11,856
42,!
TANNING FACILITY SERVICES (369)
0.02
3
11
713
832
713
831
2,767
322
3.1
d
Group Total
3.92
1,090
2,614
55,433
64,654
55,433
64,652
166,546
73,626
240,:
E
Q
Groundwater Contamination
STORAGE TANK COMPLIANCE SERVICES (355)
0.00
0
0
0
0
0
0
0
0
SUPER ACT SERVICES (356)
0.19
3
79
2,991
3,489
2,991
3,488
10,682
2,277
12.1
Group Total
0.19
3
79
2,991
3,489
2,991
3,488
10,682
2,277
12,1
Community Hygiene
t
COMMUNITY ENVIR. HEALTH (345)
0.00
0
0
0
0
0
0
0
0
INJURY PREVENTION (346)
1.41
0
49
22,371
26,093
22,371
26,094
23,305
73,624
96,!
LEAD MONITORING SERVICES (350)
0.00
0
0
0
0
0
0
0
0
3
O
PUBLIC SEWAGE (362)
0.00
0
0
0
0
0
0
0
0
U
SOLID WASTE DISPOSAL SERVICE (363)
0.00
0
0
0
0
0
0
0
0
3
SANITARY NUISANCE (365)
0.36
54
161
4,547
5,304
4,547
5,305
15,356
4,347
19,'
J
RABIES SURVEILLANCE (366)
0.08
0
44
1,632
1.903
1,632
1,903
6,074
996
7.1
N
ARBORVIRUS SURVEIL. (367)
0.00
0
0
59
69
59
68
197
58
00
M
RODENT/ARTHROPOD CONTROL (368)
0.00
0
0
0
0
0
0
0
0
WATER POLLUTION (370)
0.00
0
0
11
13
11
12
39
8
R
r
INDOOR AIR (371)
0.02
0
0
403
470
403
471
1,467
280
L,
RADIOLOGICAL HEALTH (372)
0.00
0
0
0
0
0
0
0
0
r
TOXIC SUBSTANCES (373)
0.00
0
0
0
0
0
0
0
0
LL
Group Total
1.87
54
254
29,023
33,852
29,023
33,853
46,438
79,313
125,'
d
E
ENVIRONMENTAL HEALTH SUBTOTAL
11.20
2,846
8,405
164,511
191.881
164,511
191,880
356,313
356,470
712,'
i
R
D. NON -OPERATIONAL COSTS:
d
NONOPERATIONAL COSTS (599)
0.00
0
0
0
0
0
0
0
0
t
ENVIRONMENTAL HEALTH SURCHARGE (399)
0.00
0
0
4,379
5,108
4,379
5,109
18,975
0
18,!
d
MEDICAID BUYBACK (611)
0.00
0
0
7,931
9,251
7,931
9,251
34,364
0
34.:
R
NONOPERATIONAL COSTS SUBTOTAL
0.00
0
0
12,310
14,359
12,310
14,360
53,339
0
53,:
U
TOTAL CONTRACT
178.00
- 61,222
779,474
3,072,456
3,525,324
2,997,456
3,500,326
9,489,859
3,605,703
13,095,1
cp
r
C
d
E
t
V
t4
r
a
Packet Pg. 58
8.C.2
ITEM NO. RES-2016-23
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE: 02/16/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Resolution - Amending Purchasing Manual to Establish Procurement
Procedures for Federal Transit Administration Funded Projects
The County receives a number of grants from the Federal Transit Administration (FTA) for the operation of
the transit program. In order to insure compliance with the federal regulations governing expenditure of
FTA funds, the FTA has requested that the Board amend the Purchasing Manual to incorporate specific
procurement procedures for FTA funded projects. A copy of the proposed resolution which would
establish these procedures is attached to this agenda item.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board adopt the proposed resolution amending the Purchasing Manual to provide
procurement procedures for Federal Transit Administration (FTA) funded projects, subject to minor
revisions which may be required by the FTA as part of its approval process.
COMMISSION ACTION:
Packet Pg. 59
8.C.2
Coordination/Signatures
m w
Heather Young, Asst. County Attorney 2/4/2016
Johnson, Di ri No. , Chairm n 2/16/2016
Updated: 2/8/2016 9:34 AM by Katrina Slay Page 2
Packet Pg. 60
8.C.2.a
RESOLUTION NO. 16 — XX
A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING
REGULATIONS; ADDING SECTION 13.7 TO PROVIDE PROCEDURES FOR FEDERAL TRANSIT
ADMINISTRATION FUNDED PROJECTS; AMENDING CHAPTER 13 PROCEDURES TO ADD
FEDERAL TRANSIT FUNDED PROJECT PURCHASING PROCEDURES PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following
determinations,
1. On September 24, 1985, the Board of County Commissioners for St. Lucie County, (the "Board")
adopted Ordinance No. 85-06 which created a purchasing department and established the purchasing regulations and
procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and
Procedures (the "Purchasing Manual").
2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing
regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing
Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended
from time to time.
3. On October 20, 2015, the Board adopted Resolution No. 15-194 to amend Resolution 85-212, as
previously amended, to further revise the Purchasing Policy Manual ("PPM").
4. It is necessary to further amend the PPM to establish procedures for purchases using Federal Transit
Administration ("FTA") funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida:
1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A"
attached.
2. This resolution shall become effective upon adoption.
After motion and second the vote on this Resolution was as follows:
Chairman Commissioner Kim Johnson
XX
Vice Chair Commissioner Chris Dzadovsky
XX
Commissioner Paula A. Lewis
XX
Commissioner Frannie Hutchinson
XX
Commissioner Tod Mowery
XX
PASSED AND DULY ADOPTED this XX day of XX 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
Deputy Clerk BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Packet Pg. 61
8.C.2.b
St. Lucie County Transit
Purchasing Procedures Manual
Revision Date: X X / X X /2016
Packet Pg. 62
8.C.2.b
Section L• Overview, Purpose, Applicability and Definitions
Overview
The S t . Lucie County Transit Procurement Manual outlines the policies regarding the
use, award, monitoring and reporting of procurement Contracts funded all or in part
with Federal Transit Administration funds. The County routinely expends funds to
purchase goods and services including, but not limited to, buses, bus parts, supplies,
equipment, construction services and professional services.
Purchases involving Federal funds are in compliance with Federal Transit Administration
(FTA) Circular 4220. JF, Third Party Contracting Guidelines. The procurement procedures
described in this document have been developed to assure compliance with these guidelines.
This manual governs revenue Contracts, the consideration of proposals initiated by the
County, and unsolicited proposals received by the County.
The basic procurement objective is to secure the best goods and/or services at the lowest
available price, consistent with quality requirements and delivery needs. The practice of
competitive bidding, whether formal or informal, not only promotes obtaining reasonable
prices, but also guards against improper practices.
Failure to appropriately procure goods and services funded by the FTA could seriously affect
the C o u n t y's receipt of Federal funding. All County staff involved with procurement
activities must familiarize themselves with this manual, FTA regulations and other
applicable documentation as promulgated.
Purpose
This manual sets forth the requirements that t h e C o u n t y must adhere to in the solicitation,
award, and administration of its third party Contracts for goods and services.
These guidelines are meant to:
a) Formalize practices which insure that the County's interests are protected;
b) Assure that all federal and state procurement laws and regulations are followed and
c) Communicate policies; give guidance to purchasing personnel and to others with
delegated purchasing authority.
Applicability
The guidelines denoted herein apply to all commodity, service and professional service
Contracts procured by the County. These guidelines adhere to the Federal Procurement
Requirements outlined in FTA Circular 4220.1 F as a way of ensuring compliance with
FTA requirements in all the C o u n t y' s procurement activities.
The County shall not be precluded from adopting additional requirements for particular
Contracts relating to the matters covered by this manual so long as such additional
requirements are not in conflict with the requirements outlined in FTA Circular 4220.1 F.
2
Packet Pg. 63
8.C.2.b
Definitions
When used in these guidelines:
Advertisement: The publication of a notice of procurement on the County website,
DemandStar website and legal advertisement section of local newspaper when deemed
necessary to insure greater exposure and interest.
Best Value: A selection process in which proposals contain both price and qualitative
components, and award is based upon a combination of price and qualitative
considerations. Qualitative considerations may include technical design, technical
approach and quality of proposed personnel and/or management plan. The award
selection is based upon consideration of a combination of technical and price factors
to determine (or derive) the offer deemed most advantageous and of the greatest value
to the County.
Brand Name: A name of a product or service that is limited to the product or service
produced or controlled by one private entity or by a closed group of private entities.
Brand names may include trademarks, manufacturer names or model names/numbers that
are associated with only one manufacturer.
Commodities: Standard articles of commerce in the form of material goods, supplies,
products or similar items. Commodities do not include technology.
Federal regulations permit grant applicants, such as the County, to incur project costs
before receiving formal approval or grant awards. It is the practice of the County not to
incur costs or entertain the award of Contracts for capital projects to be funded in whole
or in part with Federal aid unless Federal aid supporting the projects is dedicated in an
adopted Federal budget as a formula appropriation to the County or as an earmarked
appropriation to the County.
Construction: The supervision, inspection and building of, and all expenses incidental to
the acquisition, construction, repair, painting or reconstruction of facilities and equipment for
use by the County.
Contractor: Any person, partnership, private corporation or association: selling materials,
equipment or supplies, or leasing property or equipment, to the County for constructing,
reconstructing, rehabilitating or repairing buildings or other improvements for or on behalf
of the County rendering or providing services to the County pursuant to a Contract.
Contracts or Procurement Contracts: A mutually binding legal relationship obligating the
seller to furnish the supplies or services (including construction) and the buyer to pay for
them. Contracts would include bilateral instruments, awards and notices of awards; job orders
or task assignment letters issued under basic ordering agreements; letter Contracts, orders,
such as purchase orders, under which the Contract becomes effective by written acceptance
or performance; and bilateral Contract modifications.
The parties to a Contract must possess the legal capacity to enter into the Contract, and they
must assent to the terms of the Contract. Verbal agreements are not recognized as Contracts.
Contract Administrator: This individual will be a County employee and will be the
primary contact with the Contractor and shall establish frequent and direct communications
with the Contractor. In most cases, this individual will be either the County Purchasing
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Manager or the staff member who led the procurement process for the project.
Cost Reimbursement (CR) Type Contract: A general compensation arrangement which
requires t h e C o u n t y to pay the Contractor a fixed fee plus all allowable actual costs
(as established by predetermined cost principles and rates) provided such costs and fee do
not exceed the final negotiated Contract price, as incurred by the Consultant in performing
the "agreed to 11 Scope of Work. This type of Contract is appropriate for qualifications
based procurements and negotiated procurements based on a Scope of Services rather than
detailed specifications.
Design -Bid -Build: The project delivery approach where the grantee commissions an architect or
engineer to prepare drawings and specifications under a design services Contract, and
separately Contracts for at -risk construction, by engaging the services of a Contractor through
sealed bidding or competitive negotiations.
Design -Build: A system of contracting under which one entity performs both
architectural/engineeri ng and construction under one Contract.
Design Specifications: Specifications based on the design of a product or service. Typical
design specifications may include dimensions, materials used, commonly and competitively
available components, and non-proprietary methods of manufacturing.
Disadvantaged Business Enterprise: A small business concern as defined by
49 CFR Part 26 and has been certified as such by the Unified Certification Program (UCP).
Emergency Procurement: The procurement of goods or services under circumstances
where a delay in procurement may result in danger to employees or the public, damage to
the County facilities or equipment, or an impediment, delay or danger to the business
operations of the County.
Federal Transit Administration: FTA is one of ten modal administrations within the U.S.
Department of Transportation. The Federal government, through the FTA, provides financial
assistance to develop new transit systems and improve, maintain, and operate existing
systems. FTA oversees grants to state and local public transit providers. These grantees are
responsible for managing their programs in accordance with Federal requirements, and FTA
is responsible for ensuring that grantees follow Federal mandates along with statutory and
administrative requirements.
Firm Fixed Price Type Contract (FFP): A general compensation arrangement, which places
the risk of performance for a lump sum on the Contractor, regard less of the actual costs
incurred by the Contractor. The only allowable adjustments to the lump sum Contract price
are those arising from authorized changes in scope of services or changes in specifications.
This type of Contract is appropriate for acquiring commercial items, or for supplies or
services, which can be clearly defined with either performance/functional specifications or
design specifications where there are no substantial uncertainties relating to cost,
performance, or schedule. This type of Contract may only be used in sealed bidding
procurements.
Formal Bidding: Bidding involving public advertising, sealed bids or RFP, and is
required for procurements of goods or services in an amount of $50,000 or more, except as
otherwise provided herein.
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General Services: Those services provided by an individual or business, which are not
considered professional or construction.
Independent Cost Estimate (ICE): Such estimates may be obtained from published
competitive prices, results of previous competitive procurements, including some type of price
escalation percentage, or price quotes from manufacturers.
Informal Bidding: Bidding without public advertising but within formal procedures, which
may include, without limitation, written, telephonic or electronic bidding.
Invitation for Bids (IFB): The County request for sealed bids setting forth the detailed
specifications for the work to be performed.
Micro -Purchase: Purchases under $3,000, purchases below this threshold may be made
without obtaining competitive quotations if the County determines that the price is fair and
reasonable. Such purchases are exempt from Buy America requirements. There should be no
splitting of procurements to avoid competition.
Minority Business Enterprise (MBE): Any business enterprise, which is at least fifty-one
percent (51%), owned by, or in the case of a publicly owned business, at least fifty-one
percent (51%) of the capital stock of which is owned by citizens or permanent resident
aliens who are minority persons, and such ownership interest is real, substantial and
continuing. The minority ownership must have and exercise the authority to independently
control the business decisions of the entity. The enterprise must also be authorized to do
business in the State of North Carolina, be independently owned and operated and not be
dominant in its field. Minority Business Enterprises are certified as such through the State
of Florida.
Offer: A promise to provide goods or services according to specified terms and conditions
in exchange for material compensation,
Organizational Conflict of Interest: Because of other activities, relationships, or Contracts,
a Contractor is unable, or potentially unable, to render impartial assistance or advice to the
County; a Contractor's objectivity in performing the Contract work is or might be otherwise
impaired; or a Contractor has an unfair competitive advantage.
Performance Bond: An instrument of security furnished by the Contractor and his surety for
the performance of the work in accordance with the Contract documents.
Performance Specifications: Specifications based on the function and performance of a
product or service under specified conditions, preferably conditions that can be reproduced
for testing purposes. Performance specifications may include useful life, reliability in terms
of average intervals between failure, and capacity.
Piggybacking: An assignment of existing Contract rights to purchase supplies, equipment, or
services.
Procurement: The acquisition by the County of products, services or public works by
purchase process and policy as outlined in this manual, accepting:
• The purchase of periodicals, reference materials, treatises, or professional research tools;
• The payment of fees or tuition associated with continuing education courses, training
courses, conferences, seminars, and symposiums,
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• Expenditures governed by the County "Travel Policy",
• The purchase of advertising space or advertising time in any medium.
• Expenditures associated with internal or public meetings
Professional Services: Services of a professional nature, including without limitation,
accounting, legal, medical, occupational, architectural, engineering, consulting, advertising,
marketing and planning.
Professional Services Contract: Any written agreement to provide a service including but
not limited to legal, accounting, management consulting, investment banking, planning,
training, statistical, research, public relations, marketing, advertising, architectural,
engineering, surveying or other personal services of a consulting, professional or technical
nature, for a fee, commission or other compensation, by a person or persons who are not
providing such services as officers or employees of a state agency or public corporation.
Prompt Payment: Payment of a debt due and owing by the County before interest accrues
thereon pursuant to the terms of any Contract established in accordance with the guidelines
contained in this manual.
Purchasing Manager: The S t . Lucie County Purchasing Manager, who has
responsibility for the overall conduct of the procurement. This individual, along with the
County Transit Manager, is responsible for ensuring compliance with guidelines contained
in this manual and all applicable governmental regulations.
Responsible: A potential Contractor is considered responsible if it can demonstrate that it
has the ability to perform successfully under the terms of the proposed Contract, taking into
account the offeror's technical and financial capability. Responsibility refers to the ability of
the Contractor to del iver the requested items/services.
Responsive: A bid, w h i c h complies, in all material respects, with the terms of the
solicitation and is completed, executed, and submitted in accordance with the instructions
set forth in the solicitation. Responsiveness refers to the integrity of the submitted bids and
the bid process.
Services: A professional, consulting, technical, or other service, including but not limited
to, legal, testing, accounting, bookkeeping, secretarial, management consulting, audit,
investment banking, planning, training, statistical research, insurance, advertising, public
relations, architectural, engineering, appraisal, janitorial, surveying, housekeeping, and waste
disposal, performed for a fee or other compensation.
Single Bid: Two or more competitive bids are solicited and only one bid is received.
Small Procurement Informal Bidding: A small procurement method of procuring goods or
services costing $3,000 to $5Q000 based upon competitive selection. Quotes will be requested
and received via fax, e-mail or regular mail.
Sole Source: The goods or services to be procured are available from only one responsible
source; or no other goods or services will satisfy the County requirements; or prior state or
federal approval has been granted.
State Bid Contracts: Purchase prices established for various items, which have been
competitively bid by the State of Florida, and which may be used by the County to
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make procurements for goods/services provided FTA requirements are included in the
Contract.
Surety Bond: Refers to an agreement between a transit industry Contractor or supplier and
a surety bond writer that guarantees a Contract obligation with a transit property. Typically,
transit agencies require bonds that cover 100% of the value of a Contract. If a Contractor
defaults on a Contract or faces financial difficulties, the Surety Bond underwriter will owe
the transit agency the full amount of the Contract.
Tay On: Refers to the addition of work (supplies, equipment or services) that is beyond the
scope of the original Contract that amounts to a cardinal change. "In Scope" changes are not
tag-ons. The use of tag-ons is prohibited.
Time and Material (T&M) Type Contract: A general compensation arrangement, which
provides for a fixed rate including overhead and profit, and material paid for at cost, plus
handling charges. This type of Contract is rarely used by the County, but is permitted only:
1. After a determination that no other compensation arrangement is suitable;
2. If the Contract or purchase order contains a price ceiling that the Contractor exceeds at
its own risk
3. All labor and equipment rates (including overhead and profit), are predetermined and set
forth in the Contract and materials are to be paid for at cost.
Transit Manager: The County Transit Manager, who has responsibility for the overall
responsibility for the transit program. This individual, along with the Purchasing Manager, is
responsible for ensuring compliance with guidelines contained in this manual and all
applicable governmental regulations.
Women -owned Business Enterprise (WBE): Any business enterprise which is at least
fifty-one percent (51%) owned by, or in the case of a publicly -owned business, at least
fifty-one percent (51 %) of the capital stock of which is owned by citizens or permanent
resident aliens who are women, regard less of race or ethnicity, and such ownership
interest is real, substantial and continuing. Women business owners must have and exercise
the authority to independently control the business decisions of the entity. The enterprise
must also be authorized to do business in State of Florida, be independently owned and
operated and not be dominant in its field. Women -Owned Business Enterprises are certified
as such through the State of Florida.
II: General Procurement Guidelines
I. Contract Administration System
The County maintains a Contract administration system to ensure that Contractors
perform in accordance with the terms, conditions, and specifications of their Contracts,
including purchase order Contracts.
2. Approvals and Responsibilities
The attached St. Lucie County Summary of Contract Award Procedures specifies the Contract
authorization and signature authority required for various Contracts.
Staff responsibilities are as follows:
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Purchasing Manager
• Responsible for the development and implementation of procurement policies and
procedures.
• Coordination of all procurement activities including goods and services and procurement
files.
• Ensuring that all purchases made by St. Lucie County Board of County Commissioners
comply with all applicable state, federal and local laws and regulations.
• Placing all required advertisements for bids by St. Lucie County Board of County
Commissioners, conducting bid openings and performing cost and product comparisons to
ensure purchases are made in a timely fashion to ensure efficient work processes.
Transit Manager
• Responsible for the development and implementation of procurement policies and
procedures specific to the transit program.
• Ensuring that all purchases comply with all applicable state, federal and local laws and
regulations.
• Placing all required advertisements, conducting bid openings and performing cost and
product comparisons to ensure purchases are made in a timely fashion to ensure efficient work
processes.
MWBE Coordinator:
Serving as the Disadvantaged Business Enterprise Officer (DBE) and Minority and
Woman -owned Business (MWBE) officer, and reporting directly to the County
Administrator on all matters related to DBE and MWBE. (Including verification of
D/MWWBE subcontracting reporting requirements.)
3. Ensuring Most Efficient and Economic Purchase
All purchase requests shall be reviewed by the Transit Manager, the Community
Services Director and the Purchasing Manager to avoid purchase of unnecessary or
duplicative items. Consideration shall be given to consolidating or breaking out procurements
to obtain a more economical purchase. In the case of property, consideration will also be
given to lease versus purchase of the property to determine the more economical
alternative.
4. Intergovernmental Procurement Agreements
To foster the greater economy and efficiency, the County may enter into State and local
intergovernmental agreements as allowable by law for the procurement or use of
common goods and services. The requirements and standards of this document apply
equally to procurements entered into under such agreements.
5. Awards to Responsible Contractors
The County shall make awards only to responsible Contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. In making
a responsible Contractor determination, consideration shall be given to such matters as
Contractor integrity, compliance with public policy, record of past performance and
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financial and technical resources. Responsibility differs from responsiveness in that
responsibility generally applies to the offeror. Responsive applies to the bid submission and
its conformance with the specifications or requirements of the solicitation document.
6. Written Record of Procurement History
A properly documented procurement file should be a complete record of procurement
actions and should fully support the successful Contractor's bid price. It provides a
complete background as a basis for informed decisions at each step in the acquisition
process. A well -documented file also supports actions taken, provides information for
reviews and investigations and furnishes essential facts in the event of litigation or
legislative inquiries. If the procurement action is the result of a Contract amendment or
exercise of an option, sufficient data should be included to fully support the basis for
the price and procurement action. The County shall maintain records detailing the history
of all procurements using the attached Procurement Checklist as a guide for all
documentation to include in the history.
7. Settlement of Contract Issues/Disgutes
In accordance with good administrative practice and sound business judgment, t h e
County will be responsible for the settlement of all Contractual and administrative issues
arising out of procurements. These issues include, but are not limited to, source evaluation,
protests, disputes and claims. These standards do not relieve the County of any Contractual
responsibility under its Contracts. Violations of the law will be referred to the State or
Federal authority having proper jurisdiction.
8. Contract Period of Performance
The County shall not enter into any Contract for rolling stock or replacement parts with a
period of performance exceeding five (5) years inclusive of options.
All other types of Contracts (supply, service, leases of real property, revenue and
construction, etc.) shall be based on sound business judgment. The County will be
judicious in establishing and extending Contract terms no longer than minimally
necessary to accomplish the purpose of the Contract. Additional factors to be
considered include competition, pricing, fairness and public perception. Once a Contract
has been awarded, an extension of the Contract term length that amounts to an out of scope
change will require a sole source justification.
9. Independent Cost Estimates.
The County Transit Division shall perform an Independent Cost Estimate (ICE) using the
attached ICE form for every procurement before receiving bids or proposals. An ICE
is an estimate of the proper price level or the value of the supplies or services being
purchased. This estimate can be used in determining the reasonableness of the actual
price offered.
In some cases, obtaining cost estimates may be difficult or may lie outside the
competence of the transit staff. In the case of construction projects, a design or
engineering firm may already be under Contract and may perform this service.
Equipment estimates can often be prepared from published price lists or from past
competitive procurements updated with inflation factors. In the case of specialized
equipment, care must be taken that the source of the estimates is not disproportionately
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obtained from one supplier.
Professional services often range widely in both price and quality. It may be worth
obtaining a professional cost estimate by a firm not interested in the final procurement.
In the case of facility design services, industry standards to estimate design as a percent of
construction are available. Other transit authorities are also a valuable source of cost
estimating information if they have undertaken similar projects.
10. Contract Cost and Price Analysis
A Cost or Price Analysis is a determination that the cost or price offered by a Contractor is
reasonable, given current market conditions. The purpose of Cost or Price Analysis is to
ensure that the County does not pay unreasonably high prices. A Cost or Price Analysis
must be performed in connection with every procurement. The method and degree of
analysis is dependent on facts surrounding the particular procurement situation. Prices that
are unreasonably low can also be detrimental to good procurement if they prove to be an
indication that the offeror has made a mistake or misunderstood the work to be performed. All
procurement files shall contain minimum documentation that the offered price is fair and
reasonable.
11. Federal Cost Principles
Costs or prices based on estimated costs for Contracts under grants will be allowable only
to the extent that costs incurred or cost estimates included in negotiated prices are
consistent with Federal Cost Principles. The County shall use Federal Cost Principles to
determine allowable costs for all federally funded cost- reimbursement type Contracts.
12. Cost Plus Percentage of Cost
The cost plus a percentage of cost and percentage of construction cost methods of
Contracting shall not be used by the County.
13. Procurement with State and Federal Funds
In all cases where procurements are made by with state and/or Federal funds and are
conditioned upon, or subject to, laws or regulations for purchasing, the County shall
observe such laws and/or regulations. This shall apply to all matters, including bidding;
advertising for bids, reviewing bids, awarding Contracts, monitoring awarded Contracts and
reporting awarded Contracts.
14. Full and Open Competition
All procurement transactions above the micro -purchase level, as defined in Section I of
this manual, will be conducted in a manner that provides maximum open and free
competition. The following are considered to be restrictive of competition and may not be
used in any solicitation:
Excessive Qualifications: Imposing unreasonable business requirements for bidders or
offerors.
Unnecessary Experience: Imposing unnecessary experience requirements for bidders
and offerors
Improper Prequalification: Using prequalification procedures that conflict with the
prequalification standards described in Section II.16.
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Brand Name Only: Specifying only a "brand name" product without listing its salient
characteristics and not allowing "an equal" product to be offered. Brand names are among
the most restrictive types of specification.
Restraint of Trade: Non-competitive practices between firms or affiliated companies;
Retainer Contract: Noncompetitive awards to any person or firm on retainer Contract if
that award is not for the property or services specified for delivery under the retainer
Contract.
Organizational Conflicts of Interest: An organizational conflict of interest
means that because of other activities, relationships, or Contracts, a Contractor is
unable, or potentially unable, to render impartial assistance or advice; a Contractor's
objectivity in performing the Contract work is or might be otherwise impaired; or a
Contractor has an unfair competitive advantage;
Arbitrary Action: Taking any arbitrary action in the procurement process, such as awarding
to other than the most favorable Contractor is prohibited by the County.
Excessive Bonding: Imposing unreasonable restrictive bonding requirements on bidders and
offerors in excess of FTA and state requirements.
Improper Sole Source: Negotiation without proper justification.
15. Geogranhic Preferences:
The County shall not use statutorily or administratively imposed in state or local
geographical preferences in the evaluation of bids or proposals, except in those cases
where applicable Federal statutes expressly mandate or encourage geographic preference.
This requirement does not preempt State licensing laws.
16. Prequalification Criteria:
The County does not currently pre -qualify products or persons prior to solicitation.
However, in the event that pre -qualification becomes necessary in the future, The County
will ensure that all lists of pre -qualified persons, firms, or products that are used in
acquiring goods and services are current and include no less than three (3) sources to
ensure maximum full and open competition. As such, pre -qualification lists must contain
a date as to when the list was last updated and a signature of the person who updated it.
The County will not use pre -qualification lists that are over one (1) year in age and do not
contain at least three persons, firms, or products. In addition, the County will not
preclude potential bidders from qualifying during the solicitation period. This period is
defined as the period from issuance of the solicitation to its closing date.
17. Written Procurement Selection Procedures:
The County shall use written selection procedures for procurement transactions as follows:
Solicitations shall include a clear and accurate description of the technical requirements
for the material, product or service to be procured. Such description shall not contain
features that unduly restrict competition. The description may include a statement of the
qualitative nature of the material, product or service to be procured and when necessary,
shall set forth those minimum essential characteristics and standards to which it must
conform if it is to satisfy its intended use.
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18. Request for Deviation from Specifications:
Specifications for goods and/or services shall be written clearly and concisely to
minimize ambiguity and to ensure that the County receives the goods and/or services that
are ideally suited for its needs. Where appropriate, provisions should be made in the
specifications to allow bidders to seek deviations from the specifications. The purchaser
and user should consider all such requests and approve those requests that enhance
flexibility in bidding without sacrificing the quality or integrity of the goods and/or
services being procured.
All requests for deviations that are submitted, accompanied by the County responses, shall
be shared with all potential bidders. Such documentation shall be provided to all bidders
prior to bid opening. All requested deviations from these specifications will be responded
to, in writing, in one of the following manners:
a. Approved as an equal; or,
b. Rejected.
The County will respond in writing to all requests no later than five (5) calendar days
prior to bid opening. All requests and the County responses thereto, will be furnished to
all prospective bidders and become addenda to these specifications.
19. Written Addenda:
The County reserves the right to issue clarifying information regarding the content of a
procurement document should the County, in its sole judgment, determine it is necessary
to do so.
20. Written Protest Procedures:
The County shall include the attached written protest procedures in its solicitations to
handle and resolve disputes relating to their procurements. The County shall disclose
information regarding all protests to FTA. All protest decisions must be in writing. It is
understood that reviews of protests by FTA will be limited to t h e C o u n t y 's failure
to review a complaint or protest, failure to comply with the established protest
procedures, or violations of Federal law or regulation.
An appeal to FTA must be received by the cognizant FTA regional or Headqualters
Office within five (5) working days of the date the protester learned or should have
learned of an adverse decision by the grantee or other basis of appeal to FTA.
21. Options:
An Option is a unilateral right in a Contract by which, for a specified time, the County may
elect to purchase additional equipment, supplies, or services called for by the original
Contract, or may elect to extend the term of the original Contract. If the County elects
to use Options, the following requirements apply:
Evaluation of Options: The option quantities or periods contained in the Contractor's
bid or offer must be evaluated to determine Contract award. When options have not
been evaluated as part of the award, the exercise of such options will be considered a
Sole Source procurement. (To be eligible for Federal funding, options must be evaluated
as part of the price evaluation of offers, or must be treated as Sole Source awards)
Exercise of Options: The exercise of an Option must be in accordance with the terms
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and conditions of the Option stated in the initial Contract awarded. An Option may not
be exercised unless it is determined that the option price is better than prices available in
the market or that the Option is the more advantageous offer at the time the Option is
exercised. The Option price must be determined to be fair and reasonable, and a written
justification of this determination must be included in the procurement file.
22. Disadvantaged/Minority/Women-Owned Business Enterprise:
It is the desire of the County to promote and assist participation by D/M/W B/E's, and to
facilitate a fair share of the award i ng of Contracts thereto.
The County DBE Liaison Officer shall maintain a list of DBE entities certified to perform
public work, supply items for purchase Contracts, or perform personal or professional
services of a kind and nature that may be needed by the County.
The County will, on a routine basis, notify all Vendors, Contractors, Consultants or other
firms with which it does business, that it will affirmatively insure that DBEs will be
afforded full opportunity to submit bids, quotes or proposals in response to the County
solicitations. The County will comply with all applicable equal opportunity laws and
regulations.
23. Payments:
Advance Payments: the County shall not participate in Advance Payments to a Contractor
prior to the incurrence of costs by the Contractor unless prior written concurrence is
obtained from FTA or other appropriate funding provider. T h e C o u n t y Contracts shall
not contain Advance Payment provisions, unless prior written concurrence is obtained from
FTA.
Progress Payments: Progress Payments may be used, provided the following requirements are
followed:
a. Progress Payments are made only to the Contractor for costs incurred (as opposed to
percent of completion) in the performance of the Contract, and
b. When Progress Payments are used, the County must obtain adequate security
(materials, work in progress and finished goods) for which Progress Payments are made.
Adequate security for Progress Payments may include taking title, irrevocable letter of
credit or equivalent means to protect the County's interests in the Progress Payments.
c. Percent of Completion payments are used by the County in its large
construction Contracts.
Partial Payments: Can be made based upon specified deliverables as agreed to by the
County and Contractor.
Final Payment: Final payment is made to the Contractor when it has satisfied all the
deliverable requirements called for by all provisions of the Contract, including submission
of all required documentation. Final payment signifies that the performance obligations of
both parties to the Contract have been satisfied. Before making a final payment, the Project
Manager shall obtain a signed release from the Contractor releasing the C o u n t y from any
further claims by the Contractor. The Project Manager shall also obtain a signed receiving
and inspection receipt from the Community Services Director certifying that all deliverable
items have been received, inspected and accepted as being in conformance with the
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Contract specifications.
24. Emergencv Procurements:
From time to time, emergency situations may arise which require that a procurement
be made without following normal purchasing procedures. Emergency situations should be
restricted to those times when delay in completing the procurement could result in
jeopardy to persons or property. In addition, the situation leading to the emergency
should be one that could not be normally anticipated. If an emergency situation occurs, it
must be documented and this documentation must be attached to the purchase order or
placed in the procurement file. The procurement must be approved by the Purchasing
Manager.
Emergency procurements shall, to the extent that time permits, follow regular
procurement guidelines concerning the solicitation of quotes and the approval of the
procurements. A written memorandum justifying the emergency nature of the
procurement shall be maintained in the procurement file. In all cases of emergency
purchases, solicitations should be requested from as many potential sources as is
practicable under the circumstance. If soliciting from only one source a Sole Source
justification in writing must accompany the procurement documentation. A Cost /Price
Analysis must also be prepared.
25. Bonding Requirements:
To insure the adequate and expeditious provision of goods, equipment and/or services
procured by the County, Bid or Performance Bonds may be required where appropriate,
or as stipulated by state or Federal law. Final payment, however, will be withheld from a
vendor until the C o m m u n i t y S e r v i c e s Director certifies as to the successful and
total completion of the goods, equipment and/or services procured.
All construction Contracts in excess of $50,000 shall require a 5% bid guarantee; a
Performance Bond or certified check or other guaranteed negotiable instrument or letter of
credit for 100 % of the Contract price in a form acceptable to the County guaranteeing the
Contractor's faithful performance of all terms under such Contract; Payment Bonds (in
the amount of 50% on Contracts under $1 million, 40% on Contracts between $1-$5
million, or $2.5 million on Contracts over $5 million). Performance security is not
mandated for product Contracts.
In instances where a Performance Bond is offered, the Bond shall be in the amount of the
Contract and issued by a duly incorporated entity authorized to guarantee the faithful
performance of Contracts and to do business in the State of North Carolina as a surety.
Letter of Credit: A Letter of Credit used as bid or performance security must:
a. Be an irrevocable Letter of Credit issued by a bank or financial institution of A -
rating or better,
b. Be signed by an authorized representative of the issuing institution, and
c. Name the County as beneficiary, and be in a form otherwise acceptable to the
County.
The Letter of Credit must state that an amount representing at least ten percent (10%) of the
bid price is available to be drawn on, unconditionally, by the County under the expressed
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terms and conditions. These terms and conditions, including the location at which the
County can draw the funds, an effective date and an expiration date, should be clearly
stated in the letter of credit.
26. Insurance•
Each ContractorNendor shall maintain the appropriate kinds and limits of insurance
as imposed by law or the Contract upon him with respect to all work and operations
performed under the Contract by the ContractorNendor and each of their
subcontractors.
Each policy shall list out the County and their members, officers, agents, servants, and
employees; and other substituted or additional agents the County may hire as the additional
insured.
27. Prompt Payment Policy:
It is the policy of the County to make payment of a debt due and owing by t h e C o u n t y
before interest accrues thereon pursuant to the terms of any Contract established in
accordance with the guidelines contained in this manual.
28. Buv America Requirements:
The County is a grantee of the FTA. As a recipient of FTA funds, t h e C o u n t y is
required to comply with the Buy America requirements specified in 49 CFR Part 661, which
state that, except in certain enumerated situations, no funds may be obligated by the FTA
for a grantee project unless all iron, steel and/or manufactured items used in the project are
produced in the United States. The 'Buy America" requirements apply to Construction
Contracts and Acquisition of Goods or Rolling Stock. Currently, there is no dollar
threshold in the FTA regulations, thus "Buy America" provisions apply to all Contracts, both
operating and capital, regardless of the dollar amount involving Federal funds.
However, FTA has established a general waiver for inclusion of this provision in small
purchase procurements (defined by Federal Regulations as less than $100,000).
The 'Buy America" requirements state that:
a. The County shall adhere to the 'Buy America" clause set forth in its grant Contract
with the FTA.
b. The County shall include in its bid specification for procurement an appropriate notice
of the "Buy America" provisions; such specifications to require, as a condition of
responsiveness, that the bidder submit with its bid a completed "Buy America" certificate.
c. Whether or not a bidder certifies that it will comply with the applicable requirement, such
bidder is bound by its original certification and is not permitted to change its certification
after bid opening. A bidder that certifies that it will comply with the applicable 'Buy
America" requirements is not eligible for a waiver of those requirements.
The following statement is contained in the County's grant Contracts with FTA:
"Sections 165(a) and (b) of the Surface Transportation Assistance Act of 1982, as amended,
require that Federal funds shall not be appropriated or utilized for any Contract awarded
unless all iron, steel and manufactured products used in FTA-funded projects are produced
in the United States; however, these general requirements may be waived by the
Administrator of the FTA or his/her designee if the Administrator finds:
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1. That the application of such general requirements would be inconsistent with the public
interest;
2. That the materials for which a waiver is requested are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality;
3. That the inclusion of a domestic item or domestic material will increase the cost of the
Contract between the grantee and its supplier of that item or material by more than twenty-
five percent (25 %).
The Administrator will grant this "price differential" waiver if the amount of the lowest
responsive and responsible bid offering the item or material that is not produced in the
United States multiplied by 1.25 is less than the amount of the lowest responsive and
responsible bid offering the item or material produced in the United States; or
With regard to the procurement of buses and other rolling stock (including train control,
communication and traction power equipment) under the Urban Mass transportation Act of
1964, that (I) the cost of components produced in the United States is more than sixty
percent (60%) of the cost of all components, and (2) fi nal assembly takes place in the United
States.
A Certificate of Compliance with Section 165(a), whereby the bidder certifies compliance
with the requirements of Section 165(a) of the Surface TranspOliation Assistance Act of
1982, as amended, and the applicable regulations contained in 49 C.F.R. Part 661, shall be
completed for all federally- assisted procurements of steel, iron, or manufactured products. A
Certificate of Compliance with Section 165(b)(3), whereby the bidder certifies compliance
with the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of
1982, as amended, and the applicable regulations contained in 49 C.F.R. Part 661, shall be
completed for all federally -assisted procurements of buses, other rolling stock and associated
equipment."
27. Liquidated Damages:
When liquidated damages are included as a potential remedy in any solicitation there must be
a reasonable expectation that damages will be suffered through a delay in the Contract
completion. The method of assessment for damages will be established within the
solicitation, along with the calculation and rationale to be used in establishing damages. For
Federally funded Contracts, any damages recovered must be credited to the project involved
unless FTA permits otherwise.
28. Construction Projects -Design -Bid -Build Method:
Definition — Procurement method for construction projects requiring separate
Contracts for design services and for construction services.
Design Services — For design services, the County must use qual ifications-based
procurement procedures in compliance with applicable Federal and State law and
regulation.
Construction — Depending on the estimated dollar value of the construction
Contract, the County must use either the sealed bid method of procurement or small
purchase procedures to procure construction services.
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29. Construction Proiects- Design -Build Method:
Definition — Procurement method consisting of Contracting for design and
construction simultaneously with Contract award to a single Contractor, consortium,
joint venture, team or partnership that will be responsible for both the project's design and
construction.
Procurement Method Determined by Value — Because both design and construct ion are
included in a single procurement, the County must use the procurement method
appropriate for the services having the County best cost for the entire procurement,
even though other necessary services would not typically be procured by that method. If
construction costs are predominant then the County must use the sealed bid method of
procurement to select the Contractor. If design costs are predominant then t h e C o u n t y
must use qualifications -based procurement procedures to select the Contractor.
Selection Processes
The County may structure the design -build procurement using a
single step or two-step method.
30. Revenue Contracts:
A Revenue Contract is a Contract in which the County provides access to public
transportation assets for the primary purpose of either producing revenues in connection
with an activity related to public transportation, or creating business opportunities with the
use of PTA assisted property. While there is some latitude in determining the extent and
type of competition appropriate for a particular revenue Contract, The County, so as to
insure fair and equal access to FTA assisted property and to maximize revenue derived from
such property, conducts its revenue contracting as follows:
a. Limited Contract Opportunities: If there are several potential competitors for a limited
opportunity (such as advertising space on the side of a bus), then the County should us
a competitive process to permit interested parties an equal chance to obtain that limited
opportunity.
b. Open Contracting Opportunities: If one party seeks access to a public transportation
asset, and the County is willing and able to provide Contracts or licenses to other parties
similarly situated, then competition would not be necessary because the opportunity to
obtain Contracts or licenses is open to all similar parties.
31. Piggybacking:
While, with certain conditions, the FTA permits the County to use existing Contract
rights held by another recipient commonly called "piggybacking" as a method of
procurement for FTA funded projects.
Violation or Breach of Contract Terms:
Third party Contracts exceeding $50,000 must include administrative, contractual, or legal
remedies for violations or breach of the Contract by the third party Contractor.
32. Termination:
Termination for cause and termination for convenience provisions must be included in
Contracts exceeding $10,000.
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33. Cha nge Order Procedure:
Change Order means an order authorized by the County directing the Contractor to make
changes, pursuant to Contract provisions for such changes, with or without the consent of
the Contractor ("change orders" must be within the scope of the original competition). A
Change Order must be signed and approved by the County officer or employee
who signed the original Contract on behalf of the County.
A Change Order must have an Independent Cost Estimate (ICE) that supports the price
provided and must be included with the requisition requesting the change. The
Contracts Coordinator must receive a requisition for a change order with the
proper authorizations and the ICE must be attached. A Change Order must have a Cost or
Price analysis performed to determine that the change price is fair and reasonable. Any
Change Order exceeding the maximum Contract amount originally approved by Board of
County Commissioners must be approved by Board of County Commissioners.
The Contract must be evaluated to determine if the change in Contract amount has raised
the total Contract threshold so that additional clauses or certifications are required (i.e., Buy
America, Lobbying, etc.).
Cardinal Change Order: A Contract change which is outside the scope of the original
contact, and thus not within the authority of the changes clause. Such changes are
"Sole Source Procurements" and must be processed accordingly.
In all cases, Federal Transit Administration circular 4220.1 F (or the most current version)
Third Party Contracting Guidelines must be followed. The Best Practices Procurement
Manual can be referenced for additional information.
34. Restrictions on Conflicts with Lobbying :
Consistent with the County ethics rules, the County staff engaged in the procurement process
shall ensure that the procurement process operates free of conflicts of interest, undue
influence, and with qualified Contractors in compliance with federal and state law.
Restrictive Period: The Restrictive Period commences when the County issues its first written
document soliciting a response from Offerors through the Contract award and approval.
Designated Contact: The Purchasing Manager is designated as the person who may be
contacted during the Restrictive Period by Offerors where such contact is intended to
influence a procurement. However, the Purchasing Manager may from time to time designate
another person as the designated contact for Procurements as he/she may deem necessary.
Impermissible Contact: Contact which is reasonably interpreted as an attempt to
influence a procurement, made to someone other than the designated contact person for
procurements during the restrictive period. A permissible contact is a contact made to
anyone, where such contact is not reasonably interpreted as an attempt to influence the
procurement or, a contact that is intended to influence that is made to the designated contact
person for procurements, or a contact that is intended to influence the procurement made to
anyone outside of the restrictive period.
Attached to this manual is the St. Lucie County Code of Ethics statement dated XX XX.
Failure to comply with this Code of Ethics will result in disciplinary action in accordance
with the C o u n t y' s Employee Handbook. Such discipline will be appropriate for the
specific violation and can include discharge, even for the first offense.
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Section III -Detailed FTA Funded Procurement Guidelines
When an FTA funded purchase is initiated by the County, it will fall into one of the
following three procurement categories:
Micro -Purchases: purchases resulting in cost to the County under $3,000.
Small Purchases: purchases resulting in cost to the County from $3,000 to $50,000.
Large Purchases: purchases resulting in an aggregate cost to t h e C o u n t y g r e a t e r
than $50,000.
Micro Purchases:
Micro purchases are those costing $3000.00 or less. Davis Bacon requirements apply to
construction contracts exceeding $2,000, and it is impermissible to divide or reduce the
size of a purchase simply to come within the micro purchase limit. While not an absolute
requirement, it remains advisable to obtain competitive quotations from at least two
sources if at all possible, and it is therefore necessary to develop a basic specification
of what is being purchased so that potential vendors are able to provide quotations on
the same product. In almost all cases, this task can be performed by the transit
program staff. In the few cases where the basic specification exceeds the technical
expertise of the transit program staff, assistance from others within the County who
possess the needed expertise is to be obtained by the transit program staff.
Once the basic specification is developed, a purchase requisition is to be entered into
the County's purchasing system by the transit program staff. This requisition is to
include a copy of the basic specification, the independent cost estimate (ICE), and any
quotations or prices that were obtained. The County's Purchasing Division is then to
issue a purchase order to the vendor (with a copy to the transit program staff)
submitting the lowest quotation as long as there is a determination that I) the bidder is
responsible, 2) the price is fair and reasonable, and 3) that the price does not exceed the
ICE by ten percent. If any of these conditions are not met, the process must start over
with the development of a new ICE.
A price analysis (PA) is to be conducted to determine if a price is fair and reasonable.
In order of preference, the accepted forms of a PA are:
a. Adequate price competition
b. Prices set by law or regulation
c. Established catalog prices and market prices
d. Comparison to previous purchases
e. Comparison to a valid ICE
f. Value analysis
The PA is to be performed and documented by the Community Services Department with a
hardcopy being placed into the corresponding procurement file. In most cases, an adequate
price competition determination should be used contingent upon there being at least two (2)
responsible bidders submitting independent bids and that they both satisfy all of the
requirements of the solicitation such as being responsive to and meeting the technical
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requirements for the price bid, and the submission of all forms and certifications required by
the solicitation.
In some cases, such as for utilities, prices are set by law or regulation and they are considered
fair and reasonable. All that is needed for the PA is a copy of the rate schedules set by the
applicable law or regulation. Once these schedules are obtained, it should be verified that
they apply and that the correct price is being charged.
Established catalog prices may be used for the PA assuming that: I) catalog prices exist in a
published catalog; 2) the items are commercial in nature; 3) the items are sold in substantial
quantities; and 4) the items are sold to the general public.
Established market prices may be used for the PA assuming that the market price is a current
price established in the usual or ordinary course of business between buyers and sellers
free to bargain. These prices must be verified by consulting with buyers and sellers who are
independent of the bidder.
Comparison to previous purchases may be used for the PA. However, changes in quantity,
quality, delivery schedules, and the economy cause price variations so each differing
situation must be analyzed through trend analysis. Also, the Community Services
Department must ensure that the previous price was fair and reasonable. This
determination must be based upon a physical review of the documentation contained in the
previous files.
Comparison to the ICE may be used for the PA so long as the facts, assumptions, and
judgments used to develop the ICE are verified and that the ICE still represents a sound
estimate for determining if the price is fair and reasonable.
Value analysis may be used for the PA. This requires examining the item and the
function it performs so that its wOlih can be determined. The decision of price
reasonableness remains with the Community Services Department.
Small Purchases:
Small purchases are those costing $3001.00 to $50,000.00. It is the transit program staff
s responsibility to review these requirements and assemble in written form all of the
provisions, certifications, reports, and forms necessary for the contemplated procurement.
As with micro purchases, small purchases require an ICE and a MOP as well as the
specification for whatever is being purchased. Depending on the specific good or service
being purchased this specification may be the same as the basic specification included
in micro purchases, but is likely to be more comprehensive. The specifications must
include a clear description of the technical requirements. They must be non-restrictive.
And they may include minimum quality standards and performance specifications, but
not product specifications.
The Community Service Department s h a 11 issue a request for written quotes. As
determined by the transit program staff, there may or may not be a pre -proposal
conference depending on the complexity of the procurement. In the absence of such a
conference (as would occur with such a conference), all prospective vendors are to be
provided an opportunity to submit clarifying questions about the procurement and to
have an opportunity to review the answers to such questions prior to submission of the bids
or proposals.
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The next step in the process is to conduct a PA as described above. However, a Cost
Analysis (CA) must be performed for procurements requiring the offeror to submit
estimates for labor hours, overhead, and materials; procurements where adequate price
competition is lacking; and sole source procurements unless price reasonableness can be
established based on market analysis.
Cost Analysis, as distinguished from price analysis, is the process of. I) obtaining cost or
pricing data (a breakdown of costs) from prospective contractors or subcontractors; 2)
verifying and evaluating the accuracy and allow ability of cost data; and 3) projecting cost
data from known to estimated costs to show the effect on overall prices. In the event of a
CA, the County's Community Services Department should obtain from the vendors: 1) actual
costs previously incurred; 2) the most recent cost estimate for the same or similar items or
with a series of prior estimates; 3) current cost estimates from other possible sources
providing the same or similar product or service; and 4) independent forecasts of future costs.
This information is then to analyzed, which should result in a determination of a fair and
reasonable price or serve as a basis for negations. The analysis to include a technical
evaluation conducted by qualified individuals other than the transit program staff and an audit
review by the County's Finance Department of the accounting records submitted by the
bidders. The CA is then to be documented and a hardcopy placed in the corresponding
procurement file.
Lame Purchases:
Large purchases are those costing $50,000.01 or more. It is the transit program staff s
responsibility to review these requirements and assemble in written form all of the provisions,
certifications, reports, and forms necessary for the contemplated procurement. All of this
documentation is to be provided to the County's Purchasing Division by the transit program
staff
As with micro and small purchases, large purchases require an ICE and a MOP as well as
the specification for whatever is being purchased. Depending on the specific good or service
being purchased this specification may be the same as the basic specification included in
small purchases, but is likely to be more comprehensive. The specifications must include a
clear description of the technical requirements. They must be non-restrictive and they may
include minimum quality standards and performance specifications, but not product
specifications.
The County's Purchasing Division shall issue a formal request for bids or proposals,
whichever is the case. With very few exceptions, there should then be a pre-bid/pre
proposal conference at which time all prospective vendors are to be provided an opportunity to
submit clarifying questions about the procurement and to have an opportunity to review
the answers to such questions prior to submission ofthe bids orproposals.
The next step in the process is to conduct a PA and/or a CA as described above. An agenda item
for Board's consideration is then to be prepared. This is to be done by the Community Services
Department. It is to include the reason for contractor selection or rejection and a
responsibility determination for the successful contractor, including verification that the
successful contractor is not barred by the System Award Management system (htlp://www.sam
.gov. Only upon approval by t he B o a r d does a contract exist for the purchase of the product
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8.C.2.b
or service. All such documentation is to be placed in the corresponding procurement file.
Sealed Bid/Invitation for Bids (IFB) Method of Procurement
This method of procurement is the preferred method for small and large acquisitions when
one or more ofthe following factors are present:
• A complete, realistic, and exact specification or purchase description is available;
Two or more responsible bidders are willi ng and able to compete effectively forthe business;
The procurement lends itself to a firm, fixed -price Contract, and the selection of the
successful bidder can be made on the basis of lowest price among responsive bids and
responsible bidders;
No discussion with bidders is needed either before or after bid submission.
Bidding Requirements:
Publication of an IFB is required for all large acquisitions. Both the Invitation for Bids and
bids are required to be in writing. Bid bonds may be required. Multiple bids/proposals must be
obtained from an adequate number ofqualified sources (at least two).
Bids:
Written bids required. Sealed bids are to be identified as bids by the bidder and will be retained,
unopened, until the date and time designated for bid opening. At least two (2) responsive
bids/proposals must be obtained. Sealed bid opening shall be public where the Purchasing
Manager shall read the bids aloud and prepare a bid summary and certify results. Early
opening or disclosure of bids before the deadline is expressly forbidden because it would
compromise the competitive process. In the event that such information is disclosed, the
procurement process will be re -initiated. As a general rule, bidding time (time from bid
release to bid opening) will not be less than fifteen (15) calendar days in order to allow
sufficient time to prepare bids prior to bid opening.
Contract Specifications/Statement of Work:
Specifications defining the items or services sought shall be outlined in detail. The
specifications must be complete, adequate and realistic. Specifications must not only
describe the product, but must also include reliability and quality assurance requirements. Any
required criteria for inspecting, testing and accepting the product shall also be included
in the specification. The nature and extent of items and/or services requested will be limited
to only that deemed necessary to meet the needs of the user department. Specifications will
encourage full and open competition, and must not rule out one or more vendors or favor a
particular vendor. Therefore, use of brand names in specifications is allowed solely for the
purpose of providing a standard for quality performance. When requesting a "brand name or
equal' the County shall carefully identify its minimum needs and clearly set forth those
salient physical and functional characteristics of the brand name product in the solicitation.
Price Competition:
Assuring adequate price competition for various types of Contracts is accomplished as follows:
a. Construction and Maintenance: Multiple written bids/proposals are required. Bids must
come from responsible bidders and be responsive. State and federal provisions apply and the
insurance requirements are stringent.
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8.C.2.b
b. Goods and Commodities: Multiple bids/proposals are required for these purchases. Bids
must come from responsible/responsive bidders. Bids must be submitted in the form and
manner prescribed in the IFB/RFP.
State and federal provisions apply and the insurance requirements are stringent.
c. Bus Purchase: Multiple written bids/proposals are required. Bids must come from
responsible/responsive bidders. Bids for buses must conform to requirements set forth in the
IFB/RFP except to the extent that they propose to famish approved equals. At least two sealed
bids will be required.
d. Transportation and Operational Services: Procurements of this type are usually the
subject of an RFP because factors other than price will be considered as a basis for an
award.
e.Technology: Multiple written bids/proposals are required. Bids must come from
responsible/responsive bidders. State and federal provisions apply and insurance requirements
are stringent.
f. Services and Consultants: Where selection is based exclusively on price, an IFB for
services requires multiple bids/quotes/proposals. Proposals must be in writing. The IFB
procedure may only be used for services and Consultants where the award will be exclusively
on the basis of price. For professional services, where award will be based on factors other
than price, the RFP procedures must be used. State and federal provisions apply and insurance
requirements are stringent.
Pre -Bid Conference: When the proposed Contract is for large purchases or construction, a
pre -bid conference may be held about two (2) weeks before the bid opening. This is an
opportunity for prospective bidders to ask questions about plans, specifications, and
commercial language requirements.
Addenda: Changes in the procurement as a result of the pre -bid conference or that are
initiated at the discretion of the County will be provided to all prospective bidders in the form
of Addenda.
Bid Opening: Bid openings are open to the public. On the advertised day and at the
scheduled time, the bids will be opened and read aloud, stating the name of the bidder and the
amount of the bid. The Purchasing Manager or his/her designee will enter each bid and the
amount of the bid deposit on a bid tabulation sheet that she will sign and certify. Bids that are
received after the scheduled time of bid opening must be returned to the bidders unopened.
Observers at the bid opening should be advised to take notes if they want an instant record of
the proceedings, and to state, if they want to be provided with an official copy of the bid
tabulation. No copies of the bid tabulation are provided at the bid opening, nor can
comments be made about the probability of award. If requested, an observer is permitted to
look at bid(s), but is not permitted to handle bids at the time of bid opening.
Contract Award: The following measures will be taken to support any Contract award in
response to an IFB.
a. After the bid opening, the Purchasing Manager and or Transit Manager reviews the bid
documents to determine the lowest Responsive and Responsible bidder. The Purchasing
Manager will determine the responsibility of the lowest bidder. The Purchasing Manager
will also review references and other pertinent information to ensure bidder responsibility.
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8.C.2.b
b. Non -Responsive and Non -Responsible bids shall be rejected. Late bids shall be returned
to the bidder unopened. At all times, the County retains the right to reject any or all bids and
will document the sound business reasons for the bid rejection.
c. The low bidder may be allowed to withdraw, provided the bidder can identify and
demonstrate an error in the bid.
d. Award will be made by the authorized party as denoted in the S t . L u c i e
County Purchasing Manual incorporated herein by reference.
The apparent low bidder will be notified in writing of the intent to award, subject to the
bidder's ability to meet the requirements of the IFB including Contract requirements.
f. Contract awards based on a Contractor submitting a low bid shall be contingent on the
Vendor/Contractor submitting satisfactory evidence of financial responsibility. Such evidence
may take one of the following forms: audited financial statements and a Certificate of
Responsibility from the Contractor, a previous financial disclosure dating from no more than
six months prior to the IFB, combined with a certification from the Vendor/Contractor; a
completed Contractor Responsibility Questionnaire form and certification from the Contractor.
g. Before the Contractor can begin work, it must comply with the bid requirements by
completing, executing and returning the Contract that was included with the IFB.
h. After the Contract has been formally awarded by the County, signed and returned with all
necessary documentation (insurance certificates, performance bond) the Contractor is
notified by the Purchasing Manager and/or Transit Manager to submit the signed
agreement original(s) together with any commercial requirements. Notices to Proceed are
signed by the Project Manager or his/her designee.
Contractor Selection Procedures: In addition to determining bidder/proposer responsibility
when drafting procurement documents, the County shall consider the following criteria in
Contractor selection: 1) Is technically qualified to perform the proposed work; 2) Has, or can
secure adequate financial resources to perform the proposed work or deliver the proposed
goods; 3) Is able to comply with the delivery or performance schedule, taking into account
all existing business commitments; 4) Has a satisfactory record of past performance; 5) If
selected, would not result in a conflict of interest, with regard to other work performed by
the firm, or individual staff conflicts. Qualifications may include the length of time a firm has
been in business, the expertise and experience of staff and the bidder's experience with
projects of similar scope and size. Appropriate business references shall also be required.
Request for Proposals (RIM/Competitive Negotiations
Competitive Negotiation is generally used when conditions are not appropriate for use of
sealed bids. As costs become less important in relation to other factors driving the
procurement, Competitive Negotiation becomes a more appropriate procurement tool. In
Competitive Negotiation, proposals are requested from a number of sources. Negotiations are
normally conducted with more than one of the sources submitting offers. Either a Fixed -
Price or Cost Reimbursable type Contract is awarded in this type of procurement.
This method of procurement is the preferred method for acquisitions when one or more of the
following factors are present:
a. The desired goods or services cannot be precisely defined, described or standardized.
b. The desired end product is conceptual in nature.
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8.C.2.b
c. Discussions concerning the technical aspects and price negotiations are intended.
d. Offerors are to be given the opportunity to revise the price or technical aspects of their
proposal.
e. Price alone cannot be the determinative factor in award. Quality, qualifications,
performance data, or other Contractual factors are to be considered in selecting the most
advantageous offering.
f. Artistic or aesthetic values supersede price as primary selection criteria.
Proposal Requirements: Publication of an RFP is required for this method of procurement
Both the Request for Proposals and proposal are required to be in writing. All proposal
evaluation factors will be identified along with their relative importance. The County will
have a method in place for conducting the technical evaluation of the proposals received
and for selecting awardees.
Best Value: In determining which proposal is most advantageous, the County may award to
the proposer whose proposal offers the County best business value to the County based upon
an analysis of a tradeoff of qualitative technical factors and price/cost to derive the "best
value". If the County elects to use the best value selection method as the basis for award,
however, the solicitation must contain language that establishes that an award will be made on
a "best value" basis. If utilizing the best value method the County will take into
consideration the most beneficial combination of qualifications, services and cost and who
has met the requirements of the RFP.
Preparation of Request for Proposals (RFP): The RFP document will be organized to
include: Information for proposers, Required Forms, including sufficient data to determine
the responsibility of the proposer, Required Contract Clauses, the Contract Agreement, and
scope of work or specifications.
Preparation of the scope of work or specifications, and any special terms and conditions is
the responsibility of the transit staff working in conjunction with the Purchasing Manager.
Specifications defining the items or services sought shall be outlined in detail. The
specifications must be complete, adequate and realistic. Specifications must not only describe
the product, but must also include reliability and quality assurance requirements. Any
required criteria for inspecting, testing and accepting the product shall also be included in
the specification. The nature and extent of items and/or services requested will be limited to
only that deemed necessary to meet the requirements of the intended purchase.
Specifications will encourage full and open competition, and must not rule out one or more
vendors or favor a particular vendor. Therefore, use of brand names in specifications is
allowed solely for the purpose of providing a standard for quality performance. When
requesting a "brand name or equal" the County shall carefully identify its minimum
needs and clearly set forth those salient physical and functional characteristics of the brand
name product in the solicitation.
Questions: Although questions from firms in a position to make a proposal are permissible,
ex parte conversations with Vendors/Contractors prior to the proposal being received should
be confined to the mechanics of filing a proposal. Any questions that raise issues about the
clarity of the RFP must be answered for all firms requesting the RFP through an addendum
(see IFB procedure). Changes in the procurement specifications or requirements will be
provided to all prospective proposers in the form of Addenda. Anyone making contact by or
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8.C.2.b
on behalf of a Vendor/Contractor (lobbying or selling) is required to disclose to the County.
T h e C o u n t y staff members are required to make a record of all contacts by non -disclosed
lobbyists once an RFP has been undertaken.
Proposal Opening: Proposals must be in writing. Proposal openings are open to the
public. Multiple proposals must be obtained from an adequate number of qualified sources
(at least two). The evaluation process to be followed will be generally outlined in the RFP
document. Proposals that are received or submitted after the scheduled time due will be
returned to the proposers unopened. Non -responsive and non -responsible proposals shall be
rejected. In the event of protest the matter will be referred to the County Attorney for
investigation. The County Administrator shall resolve all protests and his/her decision shall be
final. Proposals must meet the following requirements:
a. Construction procurements based on an RFP will generally be limited to Design -Build
projects. Construction to a prescribed design (Design -Bid- Build) requires use of the IFB
procedure. Multiple written proposals are required for an RFP. For contracting purposes, state
and federal provisions apply and the insurance requirements are more or less stringent
depending on the value of the project and other relevant factors.
b. An RFP is generally not appropriate for generic items where price competition is
available. For specialty items, proposals must be submitted in the form and manner prescribed
in the RFP. Multiple written proposals are required or sole -source procedures must be
justified. State and federal provisions apply.
c. Proposals for buses must conform to the requirements set forth in the RFP and such
procurements will usually be more appropriate for an IFB. State and federal provisions
apply.
d. Multiple written proposals are required for Operational Services or the Sole- Source
procedures must be justified. State and federal provisions will apply. Contract forms have
been posted. Because of the nature of this work, there are stringent insurance requirements.
e. Technology: An RFP is generally not appropriate for generic items where price
competition i s available. For specialty items, like proprietary technology, proposals must be
submitted in the form and manner prescribed in the RFP. Multiple bids/proposals are
required for the product purchased, but this procedure is only appropriate for specialty items
where selection will be based upon factors besides price. Multiple written proposals are
required or the Sole -Source procedures must be justified. State and federal provisions apply.
e. Multiple proposals are required for Consultant services. Proposals must be in writing. The
RFP procedure may only be used for services and Consultants where the decision to award
will be based upon factors other than price. As provided by the Brooks Act, in procuring
architectural and engineering services, the award will be exclusively on the basis of factors
other than price. State and federal provisions apply and the insurance requirements may be
stringent depending on the type of work.
f. To comply with The Brooks Act, proposals will be evaluated in all areas except price.
Price will be provided in a separate sealed envelope. T h e C o u n t y will then open the prici ng
envelope for the most qualified offeror and begin to negotiate price. Failing agreement on
price, the County will begin negotiation with the next most qualified offeror until agreement
is reach on price that is fair and reasonable. If the County is unable to reach agreement
26
Packet Pg. 87
8.C.2.b
with any offeror, a new RFP must be issued. T h e C o u n t y may not reopen negotiations
with any offeror during the initial procurement process.
Post -Proposal Conference: When the proposed Contract is for large-scale purchase of goods
or services, a conference may be held before proposals are received. This is an opportunity
for prospective proposers to ask questions about the scope of work, specifications or other
commercial language requirements.
Negotiations: Contract negotiations are initiated with the proposer(s) identified to be within
the competitive range, or with the proposer(s) that have submitted the superior proposal(s).
Negotiations are conducted in accordance with guidelines stipulated in the RFP. When
negotiations and the price/cost analysis are completed, a Contract award recommendation is
presented to the proper authority for consideration. At all times the County retains the right to
reject any or all proposals.
Contractor Selection Procedures: In addition to determining bidder/proposer responsibility
when drafting procurement documents, The County shall consider the following criteria in
Contractor selection: 1) Is technically qualified to perform the proposed work; 2) Has, or can
secure adequate financial resources to perform the proposed work or deliver the proposed
goods; 3) Is able to comply with the delivery or performance schedule, taking into
account all existing business commitments; 4) Has a satisfactory record of past
performance; 5) If selected, would not result in a conflict of interest, with regard to other
work performed by the firm, or individual staff conflicts. Qualifications may include the
length of time a firm has been in business, the expertise and experience of staff and the
bidder's experience with projects of similar scope and size. Appropriate business references
shall also be required.
Contract Award: As negotiated, proposals may be rejected or a proposal may be withdrawn.
If an agreement beneficial to the County is negotiated, and terms accepted by both sides, a
Contract will be recommended for award. Award will be made in accordance with the St. Lucie
County Purchasing Manual that is attached, based upon the most superior final proposal from a
responsible firm. The Contract will be based on the form included in the RFP along with
all required state and federal provisions. Scope of the work, prices, rates and terms for
payment will be described in detail as negotiated by the parties. After the Contract has been
formally awarded by the County, signed and returned with all necessary documentation
(insurance certificates, performance bond, etc.), the Contractor is notified by the
Purchasing Manager and/or Transit Manager to submit the signed agreement original(s)
together with any commercial requirements (bonds, insurance certificates). Notices to
proceed are signed by the Project Manager or his/her designee. Before the Contractor can
begin work, it must sign the Contract and comply with the Contract requirements.
Sole or Single Source (Non -Competitive Negotiations)
Non -Competitive Negotiation involves procurement through solicitation of a proposal from a
Sole Source, or, after solicitation of a number of sources, competition is determined to be
inadequate. A Contract amendment or change order that is not within the scope of the
original Contract is considered a sole source procurement that must comply with this section.
Procurement by Non -Competitive Negotiation may be used only when procurement is
infeasible under other methods and at least one of the following circumstances applies:
• The item is only available from a single source;
27
Packet Pg. 88
8.C.2.b
• A public exigency or emergency exists whereby the urgency for the requirement will not
permit a delay resulting from competitive solicitation
• The FTA authorizes Non -Competitive Negotiation (for Federally -funded Contracts only)
• After solicitation of a number of sources, competition is determined to be inadequate
• Infeasible to use small purchase, sealed bid, or competitive procurement
• Cost and price analysis are required
28
Packet Pg. 89
8.C.3
ITEM NO. (ID # 3360)
TO:
PRESENTED BY:
SUBMITTED BY:
ci miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE
02/16/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Revocable License Agreement - Tarpon Flats Subdivision - Vanderenden -
Install Fence in Utility Easement
Mr. and Mrs. Vanderenden are asking for permission to install a 4-foot high black aluminum fence in the
Utility Easement dedicated to the County on the Plat of Tarpon Flats. Staff has no objection and the
County is willing to give their permission to install the fence. The drainage/utility easement is also
dedicated to "all other providers." The property owners will also need the "other providers" permission
to use the drainage/utility easement.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to
sign the Revocable License Agreement and direct Mr. and Mrs. Vanderenden to record the Revocable
License Agreement in the Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
Packet Pg. 90
8.C.3
Coordination/Signatures
Heather Young, Asst. County Attorney 2/4/2016
Updated: 2/4/2016 10:46 AM by JoAnn Riley Page 2
Packet Pg. 91
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DESIGN DEVELOPMENT -NOT FOR CONSTRUCTION 02-01-16
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8.C.3.d
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of , 2016, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and HANS and LINDA
VANDERENDEN whose address is 3928 Duneside Drive, Fort Pierce, FL 34949-8511 (the "Owner")
WHEREAS, the Owner owns the property described as follows:
TARPON FLATS SUBDIVISION -Lot 27 according to the Plat thereof, as recorded in Plat Book
69, Page 27, of the Public Records of St. Lucie County, Florida
WHEREAS, the Owners have requested a Revocable License Agreement to install a 4-foot high
black aluminum fence on their property. The Plat shows a 20-foot drainage/utility easement dedicated
to the County and all other utility providers for the construction, installation, maintenance and operation
of utilities as agreed in writing by the Tarpon Homeowners Association, Inc. Exhibit A.
WHEREAS, the County is willing permit the Owners to encroach in their portion of the perpetual
utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this
Revocable License Agreement. This Revocable License Agreement is strictly the County's permission to
use the easement. All other providers must give their consent.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. The County agrees to grant the Owners a Revocable License Agreement for the 4-foot
high black aluminum fence which will encroach in the County's 20-foot utility easement. This Revocable
License shall extend only to the referenced 4-foot high black aluminum fence and shall not extend to the
construction and/or installation of any additional structures or utilities.
1
Packet Pg. 95
8.C.3.d
2. The sole purpose of this Revocable License Agreement is to grant the Owners permission
to install and maintain the fence in the County's perpetual utility easement. The Owners agree that if it
is determined the fence is causing problems or the fence needs to be removed or relocated the Owners
will do so at the Owners' sole expense.
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
the Owners to install the 4-foot black aluminum fence in the County's utility easement as long as all other
providers and Homeowners Association are in agreement.
4. The Owners shall maintain the easement along their fence in accordance with Standard
Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere
with the use of the easement and any damage to the easement shall be repaired by Owners.
5. This Revocable License Agreement shall be binding on future successors and assignees of
the Owners, provided that Owners give adequate notice to the County pursuant to Paragraph Twelve (12)
of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer, to terminate
this Agreement with or without cause and require removal of the encroachment at the Owner's sole
expense upon ninety (90) days written notice to the Owners. The County Engineer may, in lieu of
termination, request that the Owners perform certain alterations to the fence or the location of the fence,
at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the
County Engineer, the County shall be entitled to exercise its right to terminate this Agreement.
7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement,
or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be
responsible for the removal of the fence and repair of the easement, if necessary.
8. The term of this Revocable License Agreement shall begin on the date first above written
and shall remain in effect unless otherwise revoked or abandoned as provided herein.
2
Packet Pg. 96
8.C.3.d
9. Owners agree to relocate the referenced fence, at any time and at no cost to the County,
if necessary for the maintenance or improvements of easement by the County.
10. The fence shall be installed in accordance with all applicable building codes and permitting
regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance
or relocation activity will be subject to the written approval of the County Engineer.
11. The Owners agrees to allow County employees access to the location of the fence for
County purposes as determined by the County Engineer.
12. All notices, request and other communications dealing directly or indirectly with this license
shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger
or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return
receipt requested, address to:
As to County:
County Engineer
Engineering Division
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
As to Owner:
Hans and Linda Vanderenden
3928 Duneside Drive
Fort Pierce, FL 34949-8511
With Copies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this section
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date
upon which the return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed.
13. As consideration for the County granting this Revocable License Agreement the Owner
agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages,
expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable
attorney's fees of any kind or nature arising or in any way connected with the use, occupation,
3
Packet Pg. 97
8.C.3.d
management, or control of the above property by County or its' agents, servants, employees, patrons, or
invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature
whatsoever, sustained during Licensee's use of the property.
14. The Owner shall promptly pay to have this Revocable License Agreement recorded in the
Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost
of recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first
written.
ATTEST:
DEPUTY CLERK
4
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:
CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 98
8.C.3.d
Witness
Witness
Witness
Witness
STATE OF FLORIDA
COUNTY OF ST. LUCIE
HANS VANDERENDEN
LINDA VANDERENDEN
The foregoing instrument was acknowledged before me this
by HANS AND LINDA VANDERENDEN who produced
take an oath.
_ day of 2016,
(type of identification) and who did
WITNESS my hand and official seal, this day of 12016
Signature of Notary Public
My commission expires:
Packet Pg. 99
8.D.1
ITEM NO. (ID # 3343)
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1:14k6
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Susan Jacob, Library Manager
Library Services Division
Baker & Taylor Rental Book Proposal
DATE: 02/16/2016
*CONSENT
AGENDA\COMMUNITY
SERVICES
Baker & Taylor, Inc. was awarded part of the Florida State Contract (Contract #715-001-07-0) for Library
Materials which includes book leasing. Book leasing provides a cost effective method for public libraries
to provide library patrons a larger selection of high demand titles. Leasing plans are designed to satisfy
patrons by offering a rotating collection of popular titles. Libraries enter these type of leasing agreements
to allow popular branch collections time to grow. Baker & Taylor is offering a five-year multi -branch book
lease agreement that includes two optional one-year extension.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds are available in budget line 001-7110-53400-700
RECOMMENDATION:
Staff recommends approval of the Baker & Taylor, Inc., Book Lease Agreement and authorization for the
Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 100
8.D.1
Coordination/Signatures
All
yder, Community Services Dir, r 1/25/2016
4anieyS..McIntyre, C my ttorney 1/28/2016
Updated: 2/2/2016 3:59 PM by Katrina Slay Page 2
Packet Pg. 101
I 8.D.1.a I
1111BAKER&TAYLOR
the future delivered
January 14, 2016
Jill Siekman
Technical Services Supervisor
St. Lucie County Library System
101 Melody Lane
Fort Pierce, FL 34050
Re: Revised Pricing Proposal - Book Leasing
Dear Ms. Siekman:
CL6
�.skim�d iharyanerciAes
W R*W &UAW
Baker & Taylor is pleased to provide this Book Leasing proposal specifically designed for the St.
Lucie County Library System. Baker & Taylor is a vendor under the Florida State contract (Contract
#17-715-001-A). The attached service offer reflects terms of sale modified for St. Lucie County's
specific requirements including an increased quota cut off and a more comprehensive level of
cataloging and processing.
Baker & Taylor's Book Leasing Program provides libraries with an efficient and economical method
for maintaining an inventory of the most current, high demand, hardcover titles. Our lease program
is clean and simple and is focused on the titles that truly generate higher circulation numbers and
satisfy patron demand. We have eliminated the tedious review of management reports and
simplified returns tracking via our Quick Returns service.
Baker & Taylor's monthly selection lists provide the most up-to-date information regarding
forthcoming titles two to three months prior to publication. Orders can be placed by mail, phone
and via the Internet using Title Source 360 or your library's ILS acquisitions software. Leased
books are shipped via UPS, free of charge, from your primary regional distribution center to provide
rapid receipt for sensitive titles. Your leased books will arrive cataloged and completely shelf -ready
thanks to Customized Library Services, the most sophisticated and comprehensive processing
available.
CLS services for books will include:
1. ADAPTIVE AND COPY CATALOGING WITH CIP UPGRADES WHERE NEEDED,
UTILIZING Z39.50 PROTOCOL
2. ITEM LINKING
3. PROJECT MANAGEMENT SUPPORT
4. MYLAR JACKET —TAPED
5. LIBRARY LOCATION LABEL
6. SPINE LABEL
7. CLS PROVIDED BARCODE
BAKER & TAYLOR, LLC
LEASE PROPOSAL
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Packet Pg. 102 1
I 8.D.1.a I
Cataloging and processing will be completed according to your specific requirements, as outlined
below:
1. Full -level MARC records, with a local call number supplied in the 090 field and a Library of
Congress Call Number in the 050 field.
2. Full item records with the barcode number assigned to each branch's holdings, or the option
of item barcode information present in the 949 field with the branch's holding code.
3. Mylar jackets, affixed to the book with filament tape.
4. Individual library location label with the library system's name, branch name, and branch
address for each book volume.
5. Spine label with local call numbers under the Mylar jackets or if no jacket, covered with spine
label protector/tape.
6. Barcode applied to the front cover of each book (on top of the Mylar jacket). Barcodes will be
supplied by Baker & Taylor.
Monthly Selections & Acquisitions
Selection Lists P
Our staff of professional book buyers selects titles for this program based upon reviews and '!
L
anticipated general public demand. Each month, prepublication title lists are created with W
comprehensive annotations to assist the library with selections. Annotations include information on m
authors and titles, as well as information on planned promotional tours, print runs, book club
selections, and media tie-ins. In addition to the prepublication list, Our Quick Call publication lists M
current bestsellers and a variety of popular titles that are available through our Lease Program.
Baker & Taylor's monthly prepublication lists of titles three -months in advance of publication are
available in print -friendly PDF or excel versions. Lease Lists are also available as E-Lists, which can
be found in B&T Link or Title Source 360 on the E-lists page under Book Leasing.
Special Requests
Special requests are also welcome. Requests for hardcover Trade titles not listed in our
publications will be reviewed, and, if possible, will be added to your order.
Ordering
Baker & Taylor's Quick Call toll -free telephone ordering offers the library the opportunity to verify in -
stock availability and ready for expedited handling of bestsellers and other popular books. These
titles are available while quantities last, and are ready for rapid shipment. Cataloging and shelf
ready processing is available for all listed titles. Customized Library Service processing may add
additional time for material processing. CLS will employ the appropriate amount of resources to
maintain the fastest possible turnaround time. Our average turn around for fully cataloged and
processed material is 7-10 days from the creation of the order in our system or after receipt of
material from the publisher.
Mail/ Fax/ Email/ Electronic Orders
The Library may place orders with our Book Leasing Department via toll -free number (1-
800-775-3800), fax (877-460-6011), email (leasing(a baker-taylor.com) and our online
ordering tool Title Source.
Baker & Taylor's monthly prepublication and Quick Call publication include an excel order
page that can be printed and used to order by mail or fax. The Library may also email book
leasing orders directly to Baker & Taylor's Book Leasing Department at leasing(@baker-
BAKER & TAYLOR, LLC
LEASE PROPOSAL
Packet Pg. 103
I 8.D.1.a I
tavlor.com.
Title Source 360 can be used to review Baker & Taylor's Book Leasing E-Lists including
prepublication title listings and B&T's Quick Call Lease Lists over the Internet. Using Title
Source the staff can read annotations and view cover images, log selections and place
orders on line. Title Source 360 offers a single resource for ordering lease books and
placing firm orders. In addition the library can import bibliographic data from Title Source
360 into your library's ILS acquisition system.
For additional information on our Title Source 360 product, please contact your Local Sales
Consultant, Fred Harvey at (800) 775 7930, ext. 1410.
Features & Benefits
Quota Information Z
Your library will receive the stated monthly allowance of quota each month of the annual contract. >%
B&T will deduct One (1) allowance for each unit selected with a publisher list price of $30.00 or less. M
A full outline of the proposed quota limits are included in the pricing information below. 06
L
Collection Rotation m
The library is encouraged to rotate the collection throughout the year. When the library's core
collection size is exceeded by 25% the library is encouraged to reduce the collection size to the M
core size by making returns via the Quick Returns process.
At any time during the lease period, the library may also purchase titles from the collection at a flat
rate of $3.00/book.
Over the life of the contract, the library will be allowed to retain 20% of books slated for return
during the normal rotation cycle free of charge.
Shipping Costs
Baker & Taylor Book Leasing pays all shipping costs for current customers including return shipping
when books are rotated out of your book leasing collection and returned to Baker & Taylor. Please
note, however, if the Library is unable to continue program participation, the Library will be
responsible for returning the core collection and any related shipping cost.
Damaged and Defective Books
Baker & Taylor will replace books that are damaged upon arrival in the library. Publisher
defective books will be replaced up to 3 months after they have been received by the library.
Monthly Reporting
Baker & Taylor Book Leasing System's inventory report is the easiest to use in the industry today.
Each month Baker & Taylor provides online management reports which are specifically
designed to help track the Library's leased book collection. The Monthly Quota Status Report
allows a quick review of the quota allowance, the amount of quota used each month and the
number available for the following month. Orders received and logged prior to the first of the
month will reflect on the current month's report. An updated Monthly Customer Inventory Report
detailing your account's monthly lease activity provides total summaries. Each month, Baker &
Taylor posts on online listing by title of all books in your collection as well as any books on order
awaiting publication.
BAKER & TAYLOR, LLC
LEASE PROPOSAL
Packet Pg. 104
I 8.D.1.a I
No additional charge is assessed for lost, stolen, or damaged books. These books are simply
reported via the inventory listing or Quick Returns form and the library's records are updated to
reflect the activity.
Our standard reporting provides account activity information in detail and in summary. Should
the Library require additional reporting, we will be pleased to assist with your request. Please
contact our Book Leasing Department at (800) 775-3800 for additional information.
Plan Size and Annual Rate
Baker & Taylor is pleased to propose the following Book Leasing services available to the St.
Lucie County Library System through Customized Library Services:
YEAR
QUOTA
CUTOFF
UNIT RATE
TOTAL
1
7080
30/40/50
$18.79
$133,033.20
2
7080
30/40/50
$18.79
$133,033.20
3
7080
30/40/50
$18.79
$133,033.20
4
7080
31 /41 /51
$18.95
$134,166.00
5
7080
31 /41 /51
$18.95
$134,166.00
*6
7080
31 /41 /51
$18.95
$134,166.00
*7
7080
31 /41 /51
$18.95
$134,166.00
Optional Years
Monthly Billing
2% prepay annual discount available on annual billing paid with 60 days.
The stated quota amount may be adjusted to meet your budget needs. The same unit rate will apply
Additional Terms and Conditions
TERMINATION:
Either party may terminate the Agreement without cause at any time upon sixty (60) calendar days
prior written notice to the other party.
PUBLIC RECORDS:
Baker & Taylor shall allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by Baker & Taylor in
conjunction with this Agreement. Specifically, Baker & Taylor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the Countv in order to perform the service.
BAKER & TAYLOR, LLC
LEASE PROPOSAL 4
Packet Pg. 105
I 8.D.1.a I
(b) Provide the public with access to public records on the same terms and conditions that
the County would provide the records and at a cost that does not exceed the cost
provided in state law or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the County
all public records in possession of Baker & Taylor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the County in a format that is compatible with the information technology
system of the County.
INTERPRETATION; VENUE
This Contract constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior verbal or written agreements between the parties with
respect thereto. This Contract may only be amended by written document, properly authorized,
executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit
and section headings are for convenience only. All interpretations shall be governed by the laws of
the State of Florida. In the event it is necessary for either party to initiate legal action regarding this
Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida,
for claims under state law and the Southern District of Florida for any claims which are justiciable in
federal court.
Should you have any questions, please contact your Local Sales Consultant, Fred Harvey at (800)
775 7930, ext. 1410 or myself. Thank you for your interest in Baker & Taylor. We look forward to
helping you to maximize your materials dollars and to working with the staff of the St. Lucie County
Library System.
Should you choose to accept the terms and conditions outlined simply complete and return the
attached Notice of Acceptance. For your convenience, this form may also be returned via fax at
704-998-3308.
Sincerely,
C.E. James Smith
Director of Sales and Marketing, CLS
Baker & Taylor
2550 W. Tyvola Road, Suite 300
Charlotte, NC 28217
800-775-7930 ext. 1957
James.Smith@baker-taylor.com
BAKER & TAYLOR, LLC
LEASE PROPOSAL 5
Packet Pg. 106
I 8.D.1.a I
11r[BAKER&TAYLOR
the future delivered
BAKER & TAYLOR
NOTICE OF PRICING PROPOSAL ACCEPTANCE
For
St. Lucie County Library System
Proposal Date: January 14, 2016
FOR: PRICING PROPOSAL - BOOK LEASING
This pricing agreement is contingent upon mutual approval of all services and pricing by both
the library and Baker & Taylor and will remain in effect as outlined for a period of 5 years after
the agreement date, with 2 additional one year extensions.
Baker & Taylor reserves the right to negotiate price and/or discount adjustments should the
library make changes at any time throughout the duration of the project.
Signature:
Name:
St. Lucie County Library System
101 Melody Lane
Fort Pierce, FL 34050
Start date:
Title:
Date:
Please sign this notice and forward it to our attention at the address indicated below:
Baker & Taylor, LLC
Attn: Stefanie Kremer— Senior Business Analyst
2550 West Tyvola Road, Suite 300
Charlotte, NC 28217
Fax: 704-998-3308
BAKER & TAYLOR, LLC
LEASE PROPOSAL
Packet Pg. 107 1
8.F.1
ITEM NO. (ID # 3341)
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1"F
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Jennifer McGee, Senior Environmental Planner
Environmental Regulations Division
Allied Improvement Agreement Release
DATE: 02/16/2016
*CONSENT
AGENDA\ENVIRONMENTAL
RESOURCES
On May 6, 2008 the Board of County Commissioners entered into an escrow agreement for landscaping
improvements associated with Allied New Technologies, Inc. Environmental Resources Department staff
has inspected the required landscaping and certified compliance. Staff recommends the Board of County
Commissioners release surety held in escrow for the amount of $315,300.00.
PREVIOUS ACTION:
May 6, 2008 - BOCC entered into landscaping agreement C08-05-223 with Allied New Technologies. Inc.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the release of escrow for Allied New Technologies, Inc. Improvement
agreement.
COMMISSION ACTION:
Packet Pg. 108
8.F.1
Coordination/Signatures
Amy Griffin ental Resources Division Directo 2/1/2016
4anieYS. McIntyre, C my ttorney 2/1/2016
Updated: 2/2/20164:01 PM by Katrina Slay Page 2
Packet Pg. 109
THIS LANDSCAPING AGREEMENT, is entered into this® day of
-1 , 2008, by and between ALLIED NEW TECHNOLOGIES, INC., (the
"Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida,
(the "County")
,I
WITN'ESETH;
WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie
County pursuant to Resolution No. 07-135, as amended by Resolution No. 08-095; and
WHEREAS, Resolution No. 08-095 requires the Developer to place funds in escrow
for certain landscaping improvements in the right of way for Rangeline Road.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
Developer and County agree as follows:
1. INSTALLATION OF REQUIRED LANDSCAPING: The Developer agrees
to satisfactorily complete installation of the required landscaping improvements (the
"Improvements") for the above referenced development pursuant to Resolution No. 08-
095 according to the Landscape Plans approved by the Environmental Resources Director.
The Improvements are more particularly set forth on those certain Landscape Plans drawn
by the ,Developer's landscape architects, Landscape Design Associates, dated ,April 2,
2008, and any amendments thereto approved by the County Environmental Resources
Director, (the "Landscape Plans"). In addition, the Developer agrees to install
supplemental landscaping to establish a buffer between the subject property land any
development which may occur on Rangeline Road adjacent to the subject property in
accordance with Resolution No. 08-095 and the "Opinion of Probable Construction Costs
prepared by the Developer's landscape architect ("Buffer Improvements") attached
hereto and incorporated herein as Exhibit "A". The County Environmental Resources
Director shall inspect the Buffer Improvements and conditionally accept thei Buffer
Improvements if they meet the requirements of the Landscape Plan and Exhibit "A". The
Developer shall correct any deficiencies prior to such conditional acceptance. In the event
the Improvements along Rangeline Road have not reached the heights set forth, in the
"Opinion of Probable Construction Costs" prepared by the Developer's landscape architect,
attached hereto and incorporated herein as Exhibit "A", when such development occurs
o i but no later than ten (10) years fr m the date of this Agreement, the 'Developer shall
install landscaping necessary to meet the plant height specifications set forth in'Exhibit
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-1-
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8.F.1.a
„A„
2. SECURITY. The Developer agrees to provide the County with security in
the form of a monetary deposit to be held in escrow in an interest -bearing attorney trust
account acceptable to the developer and the County Attorney in the amount of three
hundred fifteen thousand three hundred and 00/100 dollars ($315,300.00), representing
115% of the estimated cost of the Buffer Improvements as set forth in Exhibit "A".
Interest shall be credited and paid to the Developer. The County shall retain such
security to provide for maintenance of the Buffer Improvements and to indemnify and
save the County harmless from any and all costs necessary to repair or replace any part or
portion of the Buffer Improvements 'occasioned by faulty installation, plants, or
maintenance.
3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security
may be reduced once during the term of this Agreement following completion of the
installation of the Buffer Improvements by the Developer and upon inspection and
acceptance by the County.In no event, however, shall the amount of the security be less
than one hundred percent (100%) of the cost of completing the remaining Buffer
Improvements plus fifteen percent (15%) of the total cost for construction of all the
Buffer'Improvements.
4. SUPERVISION OF INSTALLATION. The Buffer Improvements shall be
installed under the supervision of the Developer's landscape architect in full compliance
with the specifications and requirements of St. Lucie County, and when complete,
Developer's landscape architect shall furnish the County Environmental Resources
Director with a certificate of satisfactory completion for approval.
5. FAILURE TO COMPLETE BUFFER IMPROVEMENTS. It is further
understood and agreed by and between the parties to this Agreement that, in the event
the Buffer Improvements are not installed in accordance with Resolution No. 08-095,
Landscape Plans and Exhibit "A", the County shall have and is hereby granted the right to
cause the Buffer Improvements to be installed and to use the security provided herewith
for payment of all costs and expenses incurred in the installation thereof, including but
not limited to, engineering, surveying, purchase of plants, installation, maintenance, legal
and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be
reimbursed from the security provided for any damages, either direct or consequential,
which the County may sustain as a result of the failure of Developer to carry out and
execute all of the provisions of this Agreement. In the event of Developer's failure or
refusal to install and maintain the Buffer Improvements in accordance with the terms of
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-2-
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8.F.1.a
this Agreement, the County shall have the option to do so, with County employees and
equipment, or pursuant to public advertisement and receipt of bids. In the event that the
total costs incurred in construction and full completion of the Improvements and Buffer
Improvements shall exceed the amount of security provided, such additional costs shall be
paid by Developer on written demand by the County Environmental Resources Director.
6. RELEASE OF SECURITY. Upon completion of the installation of the Buffer
Improvements as provided in Paragraph 1, the Developer's landscape architect shall
certify that the Buffer Improvements have been constructed , in accordance with the
approved Landscape Plans and Exhibit "A". When the Buffer Improvements have been
certified by the Developer's landscape architect, the County Environmental Resources
Director shall inspect the Buffer. If any of the plants have not maintained or exceeded
adequate height to provide the required buffer based upon the heights set forth in
Exhibit "A", the Developer shall replace such plants with plants equal to or greater than
the heights set forth in Exhibit "A". Following such inspection and replanting, if necessary,
the County Environmental Resources Director shall confirm this in writing to the St. Lucie
County Board of County Commissioners. The Developer's security, minus the fifteen
percent (15%), shall then be released.
The remaining fifteen percent (15%) shall be held as security for maintenance of
the landscaping for a period of ten (10) additional years and shall be released at the end
of this period upon certification from the County Environmental Resources Director to the
St. Lucie County Board of County Commissioners that the landscaping continues to provide
the required buffer. In the event the landscaping does not provide the required buffer at
the end of such additional ten (10) year period, the remaining fifteen percent (15%) shall
be held as security until such time as the Developer corrects such deficiencies as
certified by the County Environmental Resources Director.
7. INTERPRETATION; VENUE: This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof and supersedes
all prior verbal or written agreements between the parties with respect thereto. This
Agreement may only be amended by written document, properly authorized, executed and
delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and
section headings are for convenience only. All interpretations shall be governed by the
laws of the State of Florida. In the event it is necessary for either party to initiate legal
action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St.
Lucie County, Florida, for claims understate law and the Southern District of Florida for
any claims which are justiciable in federal court.
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. 8.F.1.a
8. FORCE MAJEURE: In the event that the completion or anticipated
commercial operation of Developer's proposed new facility is delayed or prevented by the
occurrence of a force majeure event including, but not limited to, storm, natural disaster,
adverse governmental/regulatory/permitting/utility action or inaction, or other like event,
CD
the timeframe for Developer's obligations hereunder, shall be extended for a reasonable
period of time. If the force majeure event renders the completion or anticipated CD
commercial operation of the proposed new plant commercially impracticable, developer's =
obligations hereunder shall be excused and the security herein shall be returned to E
lu
Developer. L
IN WITNESS WHEREOF, the parties hereto have executed these presents on a
the dates indicated below. The date of this Agreement shall be the, d4fe on which this CD
Agreement is approved by the Board of County Commissioners.
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ATT T. ci��' .r f ''` .s BOARD OF COUNTY COMMISSIONERS �
ST. LUCIE COUNTY FLORIDA a
WITNESSES:
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CORRECTNESS:
,k.s+ COUNTY ATTORNEY
ALLIED NEW TECHNOLOGIES, INC.
BY:
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Print Name: 3--t VA -• luw
Title: I Are4 jer f
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Trees
Slash Pine, 20'Ht
EA
64
$600.00
$38,400.00
Palm Trees
Cabbage Palm, 20'to 26'OA Ht
EA
86
$160.00
$13,760.00
Shrubs
Wire Grass, 1 gal
EA
498
$5.25
$2,614.50
Firebush, 3 gal, 24" ht
EA
356
$14.00
$4,984.00
Muhl y Grass, 3 gal
EA
84
$13.50
$1,134.00
Wax Myrtle, 10' Ht
EA
445
$90.00
$40,050.00
Saw Palmetto, 4'Ht
EA
333
$250.00
$83,250.00
Pine Straw Mulch, 3" thick
CY
106
$104.00
$11,024.00
Irrigation System
LS
1
$54,000.00
$54,000.00
SUBTOTAL $249,216.50
Contingency
10.0%
$24,921.65
$0.00
TOTAL ESTIMATED CONSTRUCTION COST $274,138.15
CALL ESTIMATED CONSTRUCTION COST $274,200.00
Opinion of Probable Construction Costs
Allied New Technologies
Ranneline Road Landscape Buffer
EXHIBIT "A"
06-055
Packet Pg. 114
ESCROW AGREEMENT
This Escrow Agreement is entered into this �_i 7_ day of N , 2008, by and
between Irwin M. Frost, P.A., ("Escrow Agent"), Allied New Technologies, Inc. ("Developer") and
St. Lucie County, apolitical subdivision of the State of Florida ("County').
WHEREAS, Developer and County have entered into a Landscaping Agreement dated
2008, (the "Agreement"), under which Developer has agreed to install and
maintain certain landscaping improvements in St. Lucie County, Florida and pursuant to which
Developer and County have agreed that Developer shall place certain monies into escrow
hereunder;
WHEREAS, to secure Developer's obligation to County under the Agreement, Developer
agrees to escrow the sum of $315,300.00.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Escrow Agent hereby acknowledges the receipt of $315,300.00 from the
Developer (hereinafter known as the "Funds");
2. The parties agree that the Funds will be held by Escrow Agent, subject to the
General Conditions of Escrow, which is attached hereto and incorporated herein by reference.
The Funds shall beheld in a special, interest bearing attorney trust account. All interest shall
be credited to Allied New Technologies, Inc.
3. The Funds, or remaining portion of the Funds, shall be disbursed in accordance
with: (a) the joint written instructions of Developer and County given timely to the Escrow
Agent; or, (b) pursuant to written instructions of the', County Environmental Resources
Director, given timely to the Escrow Agent, pursuantto Sections 3, 5 and/or 6 of the
Agreement between the County and the Developer.
4. Any notice or other communication necessary or desirable hereunder shall be in
writing and shall be sent by hand -delivery, facsimile, nationally recognized overnight delivery
service, or certified mail, postage prepaid, return receipt requested, as follows, and copies of
any notices sent by Developer, County or Escrow Agent shall be sent to Developer, County or
Escrow Agent, as applicable:
6: \atty\agreement\al I ied.escrow.landscaping.doc
Packet Pg. 115
If to Developer: Allied New Technologies, Inc.
3901 NW 115 Avenue
Miami, FL 33178
Telephone: 305-888-2623
Facsimile: 305-
If to Escrow Agent: Irwin M. Frost, P.A.
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1111 Brickell Avenue
Suite 2050
Miami FL 33131
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Telephone: 305-374-3001
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Facsimile: 305-374-3075
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If to County: St. Lucie County Attorney
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2300 Virginia Avenue
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Fort Pierce, FL 34982
Telephone: 772-462-1420
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Facsimile: 772=462-1440
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5. Notices shall be deemed given upon the earlier of actual receipt (actual receipt
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of facsimile to be evidenced b confirmation of sending b the sender refusal to accept
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delivery,_ three business days after being sent by certified mail, or one business day after
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being sent by overnight delivery service.
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6. This Escrow Agreement may not be modified or amended orally.
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7. All the terms and provisions of this Escrow Agreement shal I be binding upon and
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inure only to the benefit of and be enforceable only by the parties hereto and their respective
agents, successors and assigns and is not intended to be, nor shall it be construed as being, for
the benefit of any third party or parties. The waiver by any party of any breach of any
provision hereof shall not be construed to be the waiver of any succeeding breach or breach
a
of any other provision hereof. This Escrow Agreement is being made and delivered in the
j State of Florida and shall be construed and enforced in accordance with the laws of the State
of Florida.
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8. This Escrow Agreement may be executed by the parties on separate signature
pages, a composite which shall be attached hereto. Facsimile signatures hereof shall be valid
a
for all purposes.
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9. This Escrow Agreement, and the other documents and agreements as
specifically referred to herein, constitute the full, final and complete agreement between the
parties. This Escrow Agreement shall not be construed more strictly against one party than
against the other, merely by virtue of the fact that it may have been prepared by counsel for
one of the parties, it being recognized that all parties have contributed substantially and
materially to the preparation of this Escrow Agreement. In the event any term or provision of
this Escrow Agreement is determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or be construed as
deleted as such authority determines, and the remainder of this Escrow Agreement shall be
construed to be in full force and effect.
IN WITNESS WHEREOF, this Agreement has been duly executed as of the day and
year first above written.
Allied New Technologies, Inc. (Developer)
By: QhL
Name: lL ' !Ulm
Title: President
Irwin M. Frost, P.A. (Escrow Agent)
By:
Name:
Title:
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TAX I.D. # :73- 113 144-3-
St. Lucie County (County), oy-its:
BOARD OF COUNTY'CO►Y1MISSIONI;
ST. LUCIE COON , FLORIDA
- LA
APPROVED AS TO FORM AND
CORRECTNESS:
BY: 'X6,-u,4,r:h,
,koo, County Attorney
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9. This Escrow Agreement, and the other documents and. agreements as
specifically referred to herein, constitute the full, final and complete agreement between the
parties. This Escrow Agreement shall not be construed more strictly against one party than
against the other, merely by virtue of the fact that it may have been prepared by counsel for
one of the parties, it being recognized that all parties have contributed substantially and
materially to the preparation of this Escrow Agreement. In the event any term or provision of
this Escrow Agreement is determined by appropriate judicial. authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or be construed as
deleted as such authority determines, and the remainder of this Escrow Agreement shall be
construed to be in full force and effect.
IN WITNESS WHEREOF, this Agreement has been duly executed as of the day and
year first above written.
Allied New Technologies, Inc. (Developer)
By
TAX I.D. #
Name:
Title: President
Irwin M. Frost, P.A. (Escrow Agent)'
By:
Name:
St. Lucie County (County), by its:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COOK FLORIDA
BY:
Oai man
APPROVED AS TO FORM AND
CORRECTNESS:
BY.
County Attorney
0 i
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GENERALCONDITIONSOF ESCROW
Except as specifically modified by written instruction executed by all parties and
accepted by Escrow Agent, these General Conditions of Escrow shall apply to this escrow, and
the Funds received hereunder:
1. Escrow Agent: Irwin M. Frost, P.A., is hereinafter referred to as "Escrow
Agent".
2. Deposits: All checks, money orders or drafts will be processed for collection in
the normal course of business. Escrow Agent, upon receipt of an executed IRS Form W-9 for
Developer, shall establish a separate interest -bearing escrow account for the benefit of
Developer and Escrow Agent, in any reputable trust company, bank, savings bank, savings
association, or other financial services entity. It is understood by Developer that Escrow
Agent shall not be liable for any loss of interest occasioned by the choice by Escrow Agent of
one financial institution over another.
3. Limitations of Liability: Without limitation, Escrow Agent shall not be liable for
any loss or damage resulting from the following:
a. The financial status or insolvency of any other party, or any
misrepresentation made by any other party.
b. Any legal effect, insufficiency or undesirability of any instrument
deposited with or delivered by or to Escrow Agent or exchanged by the parties hereunder,
whether or not Escrow Agent prepared such instrument.
C. The default, error, action or omission of any other party to the Escrow
Agreement.
d. Any loss or impairment of the Funds that have been deposited in escrow
while those Funds are in the course of collection or while those Funds are on deposit in a
financial institution if such loss or impairment results from the failure, insolvency or
suspension of a financial institution, or any loss or impairment of the Funds due to the
invalidity of any draft, check, document or other negotiable instrument delivered to Escrow
Agent,
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a 8.F.1.b
e. The expiration of any time limit or other consequence of delay, unless a
properly executed settlement instruction, accepted by Escrow Agent has instructed the
Escrow Agent to comply with said time limit.
f. Escrow Agent's compliance with any legal process; subpoena, writ, order,
judgment or decree of any court, whether issued with or without jurisdiction and whether or
not subsequently vacated, modified, set aside or reversed.
4. Release of Escrow Agent: Upon completion of the disbursement of the Funds,
Escrow Agent shall be automatically released and discharged of its escrow obligations
hereunder.
5. Parties Benefitted: These conditions of escrow shall apply to and be for the
benefit of agents of the Escrow Agent employed by it for services in connection with this
escrow, as wel Ias for the benef it of the Escrow Agent.
6. Attorneys' Fees: In the event that litigation is instituted relating to this
escrow, the parties hereto agree that Escrow Agent shall be held harmless from any
attorneys' fees, court costs and expenses relating to that litigation to the extent that
litigation does not arise as a result of the Escrow Agent's fault. To that extent that Escrow
Agent holds Funds under the terms of this escrow, the parties hereto, other than Escrow
Agent, agree that Escrow Agent may charge those Funds with any such attorneys' fees, court
costs and expenses as they are incurred by Escrow Agent. In the event that conflicting
demands are made on Escrow Agent, or Escrow Agent, in good faith, believes that any demands
with regard to the Funds are in conflict or are unclear or ambiguous, Escrow Agent may bring
an interpleader action in an appropriate court. Such action shall not be deemed to be the
"fault" of Escrow Agent, and Escrow Agent may lay claim to or against the Funds for its
reasonable costs and attorneys' fees in connection with same, through final appellate review.
To that end, the parties hereto, other than Escrow Agent, agree to indemnify Escrow Agent
from any such attorneys' fees, court costs and expenses.
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8.F.2
ITEM NO. (ID # 3363)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
4113IX4is
BACKGROUND:
DATE: 02/16/2016
*CONSENT
AGENDA\ENVIRONMENTAL
RESOURCES
Amy Griffin, Environmental Resources Division Director
Environmental Resources
St. Lucie Village Heritage Preserve - Boardwalk Bid Award
On January 29, 2016, submittal's for Bid No. 16-017 for the St. Lucie Village Heritage Preserve Boardwalk
were opened. Six submittal's were received, 198 companies were notified and 29 documents were
distributed.
The purpose of agenda item is to award the bid for construction of a 310' long composite lumber
boardwalk to Summerlins Marine Construction of Fort Pierce. ERD received a $30,000 from NOAA's
Coastal Partnership Initiative Program to help fund the construction of the boardwalk at the St. Lucie
Village Heritage Preserve. The boardwalk will provide visitors with safe, dry, scenic access through the
interpretive trail system that ultimately leads to a newly constructed observation tower overlooking the
Indian River Lagoon and picnic area/paddling trail rest area.
The St. Lucie Village Heritage Preserve is a 78-acre site purchased in 2003 in partnership with St. Lucie
Village and Florida Communities Trust to preserve its' natural and historic values in perpetuity. The site
consists of a mixed upland and wetland communities including tidal swamp, hydric hammock, scrub and
baygall slough. Along with a rich diversity of flora and fauna, this preserve also has national and state
significance as an historical and archaeological site. This site was first inhabited by Early Native Americans,
specifically the Ais tribe, who utilized the abundant resources adjacent to the Indian River, evident by a
shell mound that exists on the site. The property was bought by William Linfield Green in the 1920's and
used to grow citrus until 1960. The remains of the caretakers' small two story log cabin and a barn are
highlighted on the historic trail. In 1960 the property was sold to John and Anne Kearny.
The "Village Green" area of the St. Lucie Village Heritage Preserve greets visitors upon arrival to the
Preserve. The parking area is east of Old Dixie Highway and is accessed from Torpey Road. Visitors can use
this 2-acre area for volleyball, horseshoes, picnicking, or Frisbee golf. A recently forged partnership with
the "Treasure Coast Disk Golf Club" has resulted in a mutually beneficial project wherein the members of
the club upgraded the Frisbee/Disk Golf Course using professional style baskets that St. Lucie County
purchased. The 18-hole (basket) course has been a draw for disk golf enthusiasts and has increased
Packet Pg. 121
8.F.2
visitorship to the site. The trailhead for the one -mile interpretive nature trail is in the southeast corner of
the Village Green area. The trail crosses through the baygall slough which traverses the entire property.
Currently, there is a plank "boardwalk" lying at grade providing slippery passage across the slough. The
proposed boardwalk will provide a more inviting, comfortable, and safe means to enjoy the site and
access the Indian River Lagoon. The boardwalk will be constructed to ADA standards.
In 1997, the St. Lucie County Greenway, Trails and Bikeways Advisory Committee was formed. This local
multi -disciplinary group was established to discuss how to "connect" various community and
environmental resources. The ultimate goal of this group is to provide a plan to guide the creation of a
countywide greenway, trails, and bike paths. St. Lucie Village Heritage Park connects, via the Indian River
Lagoon, to the Indian River Lagoon Blueway, an ecological and recreational corridor containing a
patchwork of individual parcels lying along the Indian River Lagoon. The blueway is composed of mosquito
control impoundments, natural areas, preserves and parks managed by a variety of state and county
governments. The acquisition of the project will be linked to the blueway by connecting the site via a
canoe trail to the DJ Wilcox Preserve located approximately % mile north of the site.
In 1994, through a $20 million voter -approved bond referendum, the County began purchasing and
maintaining environmentally sensitive lands. Since then, the county has preserved and maintains over
9,000 acres, distributed throughout more than 40 sites, with 26 sites that are open to public and offer
over 50-miles of nature trails and a wide array of passive recreation amenities.
PREVIOUS ACTION:
December 1, 2015 BOCC Approval of Budget Resolution 15-242
FINANCIAL IMPACT:
Sufficient funds are appropriated and will be made available in the contractual services account in the
Environmental Lands State Revenue Sharing Fund (317-3920-534000-300 with $30,000 grant from NOAA
Coastal Partnership Initiative)
RECOMMENDATION:
Staff recommends Board approval to award Bid No. 16-017 to the lowest responsive and responsible
bidder, Summerlin Marine Construction of Ft. Pierce in the amount of $123,300.00, and authorization for
the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Updated: 2/10/2016 11:48 AM by Katrina Slay Page 2
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8.F.2
Coordination/Signatures
Amy Griffin ental Resources Division Directo 2/3/2016
4a,iels.orney 2/8/2016
Updated: 2/10/2016 11:48 AM by Katrina Slay Page 3
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8.F.2.a
BOARD OF
COUNTY
COMMISSIONERS
07 -i
COUNTY
F
L
O
R
I D A -46
TABULATION SHEET - BID # 16-017
St. Lucie Village Heritage Preserve Boardwalk
OPENED: January 29, 2016 AT 3:00 PM
Six (6) submittals were received for subject proposal:
PURCHASING
DEPARTMENT
TOTAL BID
Summerlin's Marine Construction
$123,300.00
200 Naco Rd., Suite C, Ft. Pierce, FL 34946
Underwater Engineerinq Services, Inc.
3306 Enterprise road, Ft. {Pierce, FL 34982
$ 161,150.00
Matcon Construction Services, Inc.
$ 164,540.00
1717 E. Busch Blvd., Suite 601, Tampa, FL 33612
Custom Built Marine Construction, Inc.
1288 Se Industrial Blvd., Port St. Lucie, FL 34952
$ 165,200.40
GAP Design, LLC
6671 W. Indiantown, Rd., Jupiter, FL 33458
$ 174,400.00
JD James, Inc./ Nature Bridges
1586 Seven Bridges Road Monticello, FL 32344
$ 199,700.00
Number of companies notified*: 198
Number of bid documents distributed*: 29
Number of bids received: 6
*per demandstar.com
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8.F.2.b
CONTRACT
THIS CONTRACT, made this 16t" day of February, 2016, between ST. LUCIE COUNTY, a political
subdivision of the State of Florida, hereinafter called the "COUNTY", and SUMMERLIN'S MARINE
CONSTRUCTION, LLC, their successors, executors, administrators, and assigns hereinafter called the
"CONTRACTOR".
WITNESSETH:
PURPOSE
That Contractor agrees with County, for the consideration herein mentioned, at his, its or their
own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and
labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract
Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall
have at all times full opportunity to inspect the materials to be furnished and the Work to be done under
this Contract.
2. GENERAL DESCRIPTION OF WORK
It is agreed that the Work to be done under this Contract is: St. Lucie Village Heritage Preserve
Boardwalk, as further described in St. Lucie County Bid No. 16-017, made a pert hereof by this reference.
3. PROJECT MANAGER
The Project Manager for the County is Amy Griffin at (772) 462-2531. The Project Manager for
the Contractor is Joy S. Yancy at (772) 464-6090.
The parties shall direct all matters arising in connection with the performance of this Contract,
other than invoices and notices, to the attention of the Project Managers for attempted resolution or
action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for
overall resolution or action. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Contract. The Project Manager, however, has no authority
to approve or execute Change Order Work except as set forth in the County Purchasing Manual.
The Contractor shall keep during the term of this Contract a competent Project Manager, any
necessary assistants, all satisfactory to the County's Project Manager. The Contractor, as soon as possible
after the award of the contract, but prior to the Notice -to -Proceed, shall furnish in writing to the County's
Project manager the name and qualifications of the Project Manager who will be in charge of the project,
along with the Project Manager's cell phone/direct connect number. The County's Project Manager may
reply within fourteen (14) days to the contractor in writing stating whether he/she has an objection to the
proposed Project Manager or requires additional time for review. The failure of the County's Project
Manager to make objection to the Contractor's Project Manager within the fourteen (14) days of receipt
shall constitute an acceptance of such Project Manager.
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The Contractor shall not use a Project Manager to whom the County has made reasonable and
timely objection. The Contractor shall not change their Project Manager without the County's consent.
The County's Project Manager shall be able to reach the Contractor's Project Manager at their
cell/direction connect number at all hours. The Contractor shall give sufficient superintendence to the
work using his best skill and attention.
At anytime the County's Project Manager, with or without cause, may request that the Contractor
replace any individual with an individual acceptable to the County.
4. CONTRACT DOCUMENTS
The Contract Documents which comprise the Contract between the County and the Contractor
are attached hereto and made part hereof and consist of the following:
A. This Contract, consisting of pages 01 through 16 inclusive.
B. Contractor's Bid and Bid Bonds, consisting of 11 pages.
C. Bid Documents, as listed on the Table of Contents
D. Plans No. 01 through 06, inclusive, as prepared by Miller Legg
E. Addenda No. 01
F. Insurance Certificates which shall be provided by the Contractor, along with the return of
an executed copy of this Contract.
G. Any executed written Modifications, including executed written change orders, duly
delivered after execution of this Contract.
Except for duly authorized and executed Modifications including but not limited to change orders
and contract amendments, any conflict between the terms and conditions of this Contract and the terms
and conditions of any of the other contract documents shall be interpreted in favor of this Contract.
5. PERFORMANCE GUARANTY
That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the
County any defect in workmanship or material appearing in the Work; and further guarantees the
successful performance of the Work for the service intended. Neither inspection nor payment, including
final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and
complete the Work in accordance with this Contract. If the County deems it inexpedient to require the
Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be
made therefore or in the alternative, if the expense incurred by the County to correct deficient or
defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to
the County. The liability of the Contractor and its surety or sureties for such payment is joint and several.
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6. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME
The Contractor shall begin work within 10 (ten) calendar days after the signing, execution and
delivery of written notice to proceed, and shall guarantee substantial completion of the Contract on or
before XX calendar days from the date of notice to proceed and total completion of the Contract on or
before XX calendar days from the date of the notice to proceed. Commencement of the Work by the
Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and
with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time
limit set forth in the Contract. In the event the construction schedule as set forth in the Contract
documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such
schedule change shall not, however, extend the time for completion unless approved by the County in
writing.
In the sole opinion of the County, should the organization of the Contractor, or its management,
or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified
within the stated time, then the County shall have the right to take charge of the Work and finish it and
provide the labor, materials and equipment necessary to complete the Work as planned within the
required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be
held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for
any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to
proceed described above, unless the County authorizes such payment in writing.
As the Contractor's sole and exclusive remedy for delay, the County may grant an extension of
the contract time, when a critical item of Work is delayed by any factors contemplated or not
contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during
the contract time period or authorized extension of the contract time. All claims for extension of time
shall be made in writing to the County. Claims for delay due to inclement weather (i.e., beyond the 10
year mean average) shall be made by the 10th day of the month following the month of the delay. All
other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims
made beyond these time limits shall be null and void. Requests for extension of time shall be fully
documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other
supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal
working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by
Change Order.
7. DELAY DAMAGES
It is mutually agreed between the parties hereto that time is of the essence in the performance
of this Contract. In the event the construction of the Work is not substantially or totally completed within
the times herein specified the County will suffer damages, the amount of which is difficult if not impossible
to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor,
the County may retain the sum of $100.00 (one hundred and 00/100 dollars) per calendar day for each
day thereafter, Sundays and holidays included, that the Work remains substantially or totally
uncompleted. This sum shall represent liquidated damages which the County will have sustained per
calendar day from the inconvenience and expense caused to the County by the delay in the substantial or
total completion of the Work. This sum is not a penalty, being the liquidated damages the County will
have sustained in event of such default by the Contractor. The County reserves the right to additionally
recover direct job site expenses incurred during the period of any delay. The Contractor shall be liable
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for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor
abandons the Work. The liability of the Contractor and its surety or sureties for damages provided by this
Article is joint and several.
8. CONTRACT PAYMENT
The County shall pay the Contractor for the performance of this Contract and completion of the
project in accordance with the Contract Documents, subject to adjustment by change order, the total
amount in current funds being: Not to exceed $123,300.00 (one hundred twenty-three thousand three
hundred and 00/100 dollars)
Base Bid
Permit & Fees Allowance
Contract Total
$121,300.00
$ 2,000.00 Not to Exceed*
$123,300.00 Not to Exceed
*Permit & Fees Allowance — permit & fees allowance will be reimbursed at direct cost
only, no mark-up/overhead costs will be added to permit fees. This amount represents
the maximum amount reimbursed under this line item, not the guaranteed amount.
In accordance with Section 218.72(1), Florida Statutes, the Agent, being the Project Architect,
Project Engineer or other agency, employee, or person acting on behalf of the County who is required to
review invoices or payment requests submitted on this Project, and to which the Contractor shall submit
its payment requests or invoices, shall be as follows:
Amy Griffin, Division Director
St. Lucie County BOCC, Environmental Resource Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
9 PAYMENT SCHEDULE
The County shall make payments on account of the Contract as follows:
Once each month progress payments shall be made during the process of construction in amounts
not to exceed ninety percent (90%) of the amount due on the Contract on the basis of Work completed
as certified by the Contractor and approved by the County's designated employee or Agent, as set forth
above, Pursuant to Sections 218.72 (7) and (8), Florida Statutes, payment application or payment requests
must be made in the form provided for in the Bid Documents and shall be fully executed and notarized.
Contractor shall submit a proper payment application to the County's Project Manager by the 251h day of
each month. The application shall be for the dollar amount of the Work complete on the last day
preceding the submission of the application. If an Agent must approve the payment request or invoice
prior to submission to the County, then Payment to the Contractor shall be due within 25 business days
after the date on which the payment request or invoice is stamped as received as provided in Section
218.74(1), Florida Statutes. The Contractor may send the County an overdue notice and if the payment
request or invoice is not rejected within four (4) business days after delivery of the overdue notice, the
payment or invoice is deemed accepted, except for any portion deemed fraudulent or misleading. If no
Agent is required to approve the payment request or invoice prior to submission to the County, then
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payment is due within 20 business days after the date on which payment request or invoice is stamped as
received in accordance with Section 218.74(1), Florida Statutes.
The County may reject the payment request or invoice in writing within 20 business days after the
date on which the payment request or invoice is stamped as received as provided in Section 218.74(1),
Florida Statutes, which shall specify the deficiency and the action necessary to correct the deficiency and
to make the payment request or invoice proper. Payment of a corrected payment request or invoice, or
rejection thereof, shall be made 10 business days after the date the corrected payment request or invoice
is stamped as received as provided in Section 218.74(1), Florida Statutes. All applications for payment
submitted by the Contractor shall reference the County's Contract number. The parties agree that any
payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be
governed by the Florida Prompt Payment Act, Sections 217.70-80, Florida Statutes.
If a dispute between the County and the Contractor cannot be resolved by the procedure in this
subsection, then the dispute must be resolved in accordance with the dispute resolution procedure
setforth in Subsection 32 of this Contract. If the County disputes a portion of the payment request or
invoice, then the undisputed portion shall be paid timely in accordance with this subsection.
As a part of this Contract, if the Contractor receives payment then the Contractor must remit
undisputed payment due to subcontractors and suppliers within 10 days after contractor's receipt of
payment. A subcontractor who receives payment must remit undisputed payment due to those
subcontractors and suppliers within 7 days after subcontractor's receipt of payment.
Prior to final payment, a consultant evaluation form must be completed by the County's Project
Manager. Additionally, all Releases of Liens must be submitted and, if applicable, a written certification
of the project engineer that the project has been completed per plans and specs must be presented to
the Board of County Commissioners for final acceptance. Prior to final payment or any progress payment,
the County may require that a Consent of Surety be provided.
10. PUNCHLIST PROCEDURES
Further to Section 218.735(7), Florida Statutes, Punchlist procedures to render the Work
complete, satisfactory and acceptable are established as follows:
There shall be the development of a single checklist of items required to render complete,
satisfactory, and acceptable, the construction services purchased by the County. Within
five (5) days of Substantial Completion of the construction services purchased as defined
in the Contract, Contractor shall schedule a walkthrough with St. Lucie County ("Initial
Walkthrough" a/k/a "IW"). The purpose of the IW is to develop a preliminary checklist
("Checklist") of items to be performed by the Contractor, based upon observations made
jointly between the Contractor and St. Lucie County during the IW. The IW is to occur
within ten (10) days of Substantial Completion of the Work as defined by the Contract,
again predicated upon the Contractor's timely initiation of a request for the IW. At its
option, St. Lucie County may conduct the IW with its Field Inspector.
Contractor shall endeavor to address and complete as many items as possible noted on
the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from
the date of the IW.
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No later than fifteen (15) days following the scheduled IW, Contractor shall again initiate
and request a second walkthrough of the Project with St. Lucie County. The purpose of
this second walkthrough is to identify which items remain to be performed from the IW
Checklist and to supplement that list as necessary (based, for example, upon work which
may have been damaged as a result of the Contractor's performance of completion of
items contained on the IW Checklist) and for the purpose of developing a joint single Final
Punchlist.
The intent of this section is for St. Lucie County and the Contractor to cooperate to
develop a single Final Punchlist to be completed no later than thirty (30) days from the
date of reaching Substantial Completion of the construction services purchase as defined
in the Contract. The Final Punchlist shall be delivered to the Contractor within five (5)
days of its development.
In no event may the Contractor request payment of final retainage under Section
218.735(7)(d), Florida Statutes, until the Contractor considers the Final Punchlist to be
100% complete.
Contractor agrees to complete the single Final Punchlist items within thirty (30) days of
the date of its issuance by St. Lucie County.
Contractor acknowledges and agrees that no item contained on the Final Punchlist shall
be considered a warranty item until such time as (a) the Final Punchlist is 100% complete,
and (b) St. Lucie County has been able to operate or utilize the affected punchlist item for
an additional period of fifteen (15) days.
Contractor acknowledges and agrees that St. Lucie County may, at its option, during
performance of the Work and prior to Substantial Completion, issue lists of identified non-
conforming or corrective work for the Contractor to address. The intent of any such St.
Lucie County generated lists prior to Substantial Completion is to attempt to streamline
the punchlist process upon achieving Substantial Completion, and to allow for the
Contractor to address needed areas of corrective work as they may be observed by St.
Lucie County during performance of the Work.
Contractor acknowledges and agrees that St. Lucie County shall determine whether an
item on the Final Punchlist is completed and shall calculate 150% of the value of the
completion of the item to withhold if an item is incomplete. Contractor acknowledges
and agrees that in calculating 150% of the amount which may be withheld by St. Lucie
County as to any Final Punchlist item for which a good faith basis exists as to it being
complete, as provided for by Section 218.735(7)(d), Florida Statutes, St. Lucie County may
include within such percentage calculation its total costs for completing such item of
work, including its administrative costs as well as costs to address other services needed
or areas of work which may be affected in order to achieve full completion of the Final
Punchlist item. Such percentage shall in no event relate to the schedule of value
associated with such Work activity, but rather total costs are based upon the value (i.e.
cost) of completing such Work activity based upon market conditions at the time of Final
Punchlist completion.
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11. REDUCTION OF RETAINAGE PROCEDURES
Contractor may request a reduction of retainage as provided for by Section 218.735(7)(8), Florida
Statutes. The term "Fifty Percent Completion" as contained in Section 218.735(7)(8)(b), Florida Statutes
shall be defined as follows, in lieu of any other definition:
"Fifty Percent Completion" of the Work is defined as that point in time
where 50% of the overall value of Work items incorporated and which
will remain in place subsequent to final completion of the Work have
been completed, based upon the schedule of values contained in the
Contract. As such, and by way of example, the value of Contractors
mobilization, general conditions, supervision or like items which do not
involve permanent incorporation of Work do not apply to the
determination of "Fifty Percent Completion" of the Work for purposes of
establishing entitlement to a reduction of retainage.
12. DEFINITION OF SUBSTANTIAL COMPLETION
For purposes of this Contract, and for compliance of those procedures, duties and obligations as
set forth in Sections 218.70 and 218.735, Florida Statutes, the term Substantial Completion shall be as
follows, in lieu of any other definition:
"Substantial Completion" is defined as that point where St. Lucie County
is able to enjoy beneficial occupancy of the Work and where the Work
has achieved that level of completion such that St. Lucie County is able to
utilize the entire Project for its intended purposes, including but not
limited to the completion of all specified systems and items relating to
life safety and regulatory use, with the exception of incidental or
incomplete items except where a lack of completion of such incidental or
incomplete items of Work will adversely affect the complete operation of
other areas of the Work. Additional conditions (if any) needed to achieve
Substantial Completion of the Work and which are project specific are as
set forth in attached Exhibit
13. SUBCONTRACTORS
In the event Contractor requires the services of any contractor or professional associate in
connection with the Work to be performed under this Contract, the Contractor shall secure the written
approval of the County Project Manager before engaging such contractor or professional associate. A
subcontractor who receives payment must remit undisputed payment due to those subcontractors and
suppliers within 7 days after subcontractor's receipt of payment. See Section 218.735(6), Florida Statutes.
14. AUDIT
The Contractor agrees that the County or any of its duly authorized representatives shall, until the
expiration of three years after expenditure of funds under this Contract, have access to and the right to
examine any directly pertinent books, documents, papers, and records of the Contractor involving
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transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract
shall be subject to reduction for amounts charged thereto which are found on the basis of audit
examination not to constitute allowable costs under this Contract. The Contractor shall refund by check
payable to the County the amount of such reduction of payments. All required records shall be
maintained until an audit is completed and all questions arising therefrom are resolved, or three years
after completion of the project and issuance of the final certificate, whichever is sooner.
15. PUBLIC RECORDS
The Contractor shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in
conjunction with this Contract. Specifically, the Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the County in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the County would provide the records and at a cost that does not exceed the cost provided in
state law or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the County
all public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the County in a
format that is compatible with the information technology system of the County.
16. GUARANTEE
The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the
County any defects in workmanship or material appearing in the work within one year after the day of the
certificate for final performance of the work for the service intended. This warranty term includes all work
and materials supplied by subcontractors. Contractor further guarantees the successful performance of
the work for the service intended. Neither inspection nor payment, including final payment by the County
shall relieve the Contractor from his or its obligations to do and complete the work in accordance with
this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective
materials or labor, an equitable deduction from the contract price shall be made therefore or in the
alternative, the County may sue for damages. This guarantee is in addition to any other warranty available
to the County for the Work including but not limited to manufacturers warranties.
17. CONTRACTOR RESPONSIBILITY
The Contractor is an independent contractor and is not an employee or agent of the County.
Nothing in this Contract shall be interpreted to establish any relationship other than that of an
independent contractor, between the County and the Contractor, its employees, agents, subcontractors,
or assigns, during or after the performance of this Contract. The Contractor shall take the whole
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responsibility for the means, methods, techniques, sequences, and production of the Work.
The Contractor shall bear all losses resulting to him, or its, on account of the amount or character
of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different
from what was assumed or expected, or because of bad weather, or because of errors or omissions in his
or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of
any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the
Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface
conditions in order to submit its bid, has become familiar with the local conditions under which the Work
is to be performed, and correlated personal observations with the requirements of the Contract
Documents.
The Contractor shall protect the entire Work, all materials under the Contract and the County's
property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final
completion and Work, from the action of the elements, acts of other contractors, or except as otherwise
provided in the Contract Documents, and from any other causes whatsoever; should any damage occur
by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction
of the County or its Project Manager. Neither the County nor its officers, employees or agents assume
any responsibility for collection of indemnities or damages from any person or persons causing injury to
the Work of the Contractor.
At his, or its expense, the Contractor shall take all necessary precautions (including without
limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of
and the prevention of injury, loss and damage to persons and property (including without limitation) in
the term persons, members of the public, the County and its employees and agents, the Project Manager
and his employees, Contractor's employees, his or its subcontractors and their respective employees,
other contractors, their subcontractors and respective employees, on, about or adjacent to the premises
where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules,
ordinances, regulations and orders of duly constituted public authorities and building codes.
The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools
appliances and property of every description and that of his or its subcontractors and of their respective
employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or
their respective employees or agents, including legal fees, court costs or other legal expenses, arising out
of or in connection with the performance of this Contract.
18. INDEMNITY
The Contractor shall indemnify and hold harmless the County and its officers and employees, from
any and all liability, losses or damages, including attorney's fees and costs of defense, which the County
or its officers and employees may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of the construction contract. The Contractor shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name
of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit
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the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees,
agents and instrumentalities as herein provided.
19. INSPECTION
The project will be inspected by the Project Manager and will be rejected if it is not in conformity
with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the
Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be
ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be
stated in such notice.
20. INSURANCE
Each such Certificate shall include the following wording: "St. Lucie County BOCC, its officers,
agents and employees are named as additional insured's with respect to the work performed under this
contract for the St. Lucie Village Heritage Preserve Boardwalk, St. Lucie County Bid No. 16-017".
Commercial General Liability:
The Contractor shall maintain and, prior to commencement of this contract, provide the County
with evidence of commercial general liability insurance to include: 1) for limits of not less than $1,000,000
per occurrence; and 2) a general aggregate limit of not less than $2,000,000. The County shall be an
additional insured and shall receive the same notification rights that are provided to the first named
insured as respects cancellation and nonrenewal
Business Automobile Liability:
The Contractor shall maintain and, prior to commencement of this contract, provide the County
with evidence of business automobile liability insurance to include: 1) coverage for any automobile for
limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident
and 2) Personal Injury Protection (Florida no-fault) with full statutory limits.
Workers Compensation and Employers Liability:
The Contractor shall maintain and, prior to commence of this contract, provide the County with
evidence of workers' compensation insurance providing Florida statutory (Chapter 440, Florida Statutes)
limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000
for accidents or disease.
21. DEFAULT; TERMINATION
A. FOR CAUSE
If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner,
the County shall have the right, but not the obligation, to terminate this Contract by giving written notice
of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If
the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall
terminate at the expiration of that time period.
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With regard to the Contractor, the following items shall be considered a default under this
Contract:
(1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general
assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account
of his, or its, insolvency.
(2) If the Contractor should refuse or fail, except in cases for which an extension of time is
provided, to supply enough properly skilled workmen or proper material to meet the project
schedule or if the Contractor should fail to make prompt payment for materials, or labor or other
services entering into the Work.
(3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager
or otherwise be guilty of a substantial violation of the provisions of the Contract.
(4) Fails to perform any of the terms of this Contract or performs work which fails to conform
to the requirements of this Contract.
In the event of termination, the County may take possession of the premises and all materials,
tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such
cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to
the termination date, subject to any setoffs due the County in completing the Project and for
reimbursement of damages incurred. The County may take possession of and use any materials, plant,
tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense
incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor
shall pay the difference to the County. The expense incurred by the County as herein provided, and the
damage incurred through the Contractor's default, shall be certified by the Project Manager. The
Contractor shall be responsible for both liquidated damages attributable to delay and for excess
completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is
joint and several. The obligations of the Contractor and his surety with respect to the warranty and
maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor
and shall not expire until the expiration of the prescribed time period measured from the final acceptance
of the project in its entirety. These clauses shall survive the termination of this Contract. If the County
makes a determination pursuant to this Contract to hold the Contractor in default and terminate the
Contract for cause and it is subsequently determined that any such determination was improper,
unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination
without cause as described below. The Contractor agrees that it shall be entitled to no damages,
allowances or expenses of any kind other than as provided in this Agreement in connection with such
termination, and does expressly waive, in the event of termination, any and all claims for consequential
damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit
and the like.
B. WITHOUT CAUSE
The County may terminate the Contract without cause at any time upon thirty (30) calendar days
prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for
damages from the termination without cause including, without limitation, any and all consequential
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claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate
the Contractor for all authorized Work satisfactorily and responsibly completed through the termination
date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds
shall remain fully in force to insure the County's ability to construct the project for the Contract amount;
(2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion
of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor
and his surety shall be jointly and severally responsible for all costs over the original Contract amount
incurred by the County in completion of the project, in addition to liquidated damages, construction costs,
such costs may include engineering, advertising, and administrative expenses incurred with the
solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination
without cause by either party, the obligations of the Contractor and his surety with respect to the warranty
and maintenance shall remain in full force and effect for the portion of the Work completed by the
Contractor and shall not expire until the expiration of the prescribed time period measured from the final
acceptance of the project in its entirety. These clauses shall survive the termination of this Contract.
22. NON DISCRIMINATION
Contractor covenants and agrees that Contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of the Contract with respect to hiring,
tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex or physical handicaps (except where based on a bonafide occupational
qualification); or because of marital status, race, color, religion, national origin or ancestry.
23. VERIFICATION OF EMPLOYMENT STATUS
The County will not intentionally award contracts to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and
Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized
aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that
such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the
County.
24. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT
Contractor is required to procure products or materials with recycled content with respect to
Work performed or products supplied under the contract when those products or materials are available
at reasonable prices. A decision to not procure such items must be based on a determination that such
procurement:
a) Is not available within a reasonable period of time; or
b) Fails to meet the performance standards set forth in the applicable specifications or fails
to meet the reasonable performance standards of the agency.
Contractor shall provide the County with a written statement indicating what recycled products were used
or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a
written statement indicating the basis for the decision using the above criteria.
12
Packet Pg. 136
8.F.2.b
25. FLORIDA PRODUCED LUMBER
Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida
Statutes, as may be amended from time to time.
26. ASBESTOS -FREE MATERIALS
Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed
under this Contract.
27. ASSIGNMENT
The County reserves the right to freely assign this Contract. The Contractor, however, shall not
assign this Contract to any other persons or firm without first obtaining County's written approval. In
addition, the Contractor shall not have the right to assign any or all of its rights and interests under this
agreement to any subsidiary or parent company, or any successor to its business through merger,
consolidation, voluntary sale, or transfer of substantially all of its assets without the express written
consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be
deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity
transfer, other than between themselves, their immediate families or their heirs, such proprietary interest
to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment
without County's prior written consent shall be deemed a default subject to the remedies provided herein.
28. NOTICES
All notices, requests, consents, and other communications required or permitted under this
Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by
messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage
prepaid) return receipt requested, addressed to:
As To County:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue
Ft. Pierce, FL 34982
As To Contractor:
Summerlin's Marine Construction, LLC
200 Naco Road, Suite C
Ft. Pierce, Florida 34946
Phone: (772) 464-6090
Fax: (772) 464-7470
With a Copy To:
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenue
Ft. Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this Section.
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the
date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed.
13
Packet Pg. 137
8.F.2.b
29. NON -WAIVER
The rights of the parties under this Contract shall be cumulative and the failure of either party to
exercise properly any rights given hereunder shall not operate to forfeit any of the said rights.
30. CONFLICT OF INTEREST
The Contractor represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Section 112.311, Florida Statutes as may be amended from time to time.
The Contractor further represents that no person having any interest shall be employed for said
performance.
The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts
of interest prohibited by existing state law for any prospective business association, interest or other
circumstance which may influence or appear to influence the Contractor's judgment or quality of services
being provided hereunder. Such written notification shall identify the prospective business association,
interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion
of the County as to whether the association, interest or circumstance would, in the opinion of the County,
constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the
Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the
Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance
would not constitute a conflict of interest by the Contractor, the County shall so state in the notification
and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall
be deemed not in conflict of interest with respect to services provided to the County by the Contractor
under the terms of this Contract.
31. DISPUTE RESOLUTION
Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising
under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the
County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its
progress schedule in accordance with the requirements of the Contract and the determination of the
County or its representatives, pending a final resolution of the dispute, including, if necessary, any
determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual
agreement shall be decided by the County Administrator. For purposes of the Florida Prompt Payment
Act, the dispute resolution proceeding is to be commenced within 45 days after the date the payment
request or proper invoice was received by the County. The dispute resolution procedure shall be
considered commenced when the County sends the Contractor notification that the process has begun,
not the date of the hearing. The County Administrator shall reduce the final decision to writing within 60
days after the date the payment request was received by the County. The decision of the County shall be
final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious,
arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial
evidence. If the County does not commence the dispute resolution procedure within the time required, a
Contractor may give written notice to the County and if the County does not commence the dispute
resolution within four (4) business days after such notice, any amounts resolved in favor of the contractor
shall bear mandatory interest from the date the payment request or invoice was submitted to the County
and any objection to the payment request or invoice shall be deemed waived. Any waiver of an objection
14
Packet Pg. 138
8.F.2.b
does not relieve the Contractor of its contractual obligations. Section 218.76(2)(b), Florida Statutes.
32. MEDIATION
Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed
issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen
from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the
mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall
be confidential and the results of the mediation or any testimony or argument introduced at the
mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed
issue.
33. INTERPRETATION: VENUE
This Contract constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior verbal or written agreements between the parties with respect
thereto. This Contract may only be amended by written document, properly authorized, executed and
delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings
are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the
event it is necessary for either party to initiate legal action regarding this Contract, venue shall be
exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and
the Southern District of Florida for any claims which are justiciable in federal court.
34. ANTITRUST ASSIGNMENT
The Contractor and the County and the State of Florida recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local
governments. Therefore, the Contractor assigns to the State of Florida and the County any and all claims
for such overcharges as to goods, materials or services purchased in connection with the Contract.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in
counterparts each of which shall be treated as an original upon the terms and conditions above stated.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
15
COUNTY ATTORNEY
Packet Pg. 139
8.F.2.b
WITNESSES:
(1)
(2)
SUMMERLIN'S MARINE CONSTRUCTION, LLC
BY:
PRINT NAME:
TITLE:
16
Packet Pg. 140
8.F.3
ITEM NO. (ID # 3342)
TO:
PRESENTED BY:
SUBMITTED BY:
I•41I 1:14k6
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
DATE: 02/16/2016
*CONSENT
AGENDA\ENVIRONMENTAL
RESOURCES
Amy Griffin, Environmental Resources Division Director
Environmental Resources
Work Camper Agreement - Steven J. Fousek Preserve /Paleo Hammock
The "Work Camper" program was established for St. Lucie County Environmentally Sensitive Lands (ESL's)
program in 2002. This program provides a volunteer with a space and utility hook up for their own
recreational vehicle for use as a temporary residence in exchange for a minimum of twenty (20) hours of
services each week.
The work camper for the Steven J. Fousek Preserve will be responsible for tasks specified in the attached
contract, including opening and closing gates, helping to maintain parking lot and nature trails in neat and
clean condition, patrolling sites/site security, and some mowing and exotic plant removal.
The Steven J. Fousek Preserve is a complex of 194 acres of public preserve owned by St. Lucie County
Board of County Commissioners and managed by St. Lucie County Environmental Resources Department.
These preserves were purchased with funds from the St. Lucie County's Environmentally Significant Lands
Bond Program, a local voter approved bond, and Florida Communities' Trust -Florida Forever Program, a
State funding program to preserve and provide passive public access to Florida's remaining natural
treasures. Several interpretive trails lead visitors through a variety of habitats including hydric hammock,
wet prairie, prairie hammock, basin swamp, and depression marsh. The site is managed for exotic -invasive
vegetation and passive recreation.
PREVIOUS ACTION:
October 22, 2002 - BOCC approval of the "Volunteer In Preserve" Program
FINANCIAL IMPACT:
001-3920-543000-300 Environmental Resources General Fund — Utilities
RECOMMENDATION:
Staff recommends Board approval of Work Camper Agreement with Clifford Cammarata and
authorization for the Chairman to sign documents as approved by the County Attorney.
Packet Pg. 141
8.F.3
COMMISSION ACTION:
Coordination/Signatures
dmal�
C�
Amy Gril ental Resources division Dire cto 2/3/2016
(T
anie S. McIntyre, C my ttorney 2/4/2016
Updated: 2/3/2016 2:33 PM by Katrina Slay Page 2
Packet Pg. 142
8.F.3.a
WORK CAMPER AGREEMENT
THIS AGREEMENT is dated this _ day of . 2016, between ST. LUCIE
COUNTY, a political subdivision of the State of Florida, located at 2300 Virginia Avenue, Fort
Pierce, Florida, hereinafter referred to as "County" and Clifford Cammarata, hereinafter
referred to as "Contractor".
WHEREAS, the County owns the property located at Steven 1. Fousek Preserve
(Paleo Hammock), hereinafter referred to as "the Property"; and,
WHEREAS, the County desires responsible persons to reside on the Property, in
return for the Contractor assisting the County in protection of the County's property; and,
WHEREAS, the County will provide a location to site a recreational vehicle
(recreational vehicle shall not be permanent and may include motor homes) and physical
connections for well or water lines, sewer lines or septic, and electrical lines therewith.
NOW, THEREFORE, in consideration of the mutual considerations and benefits
according to the County and the Contractor, the parties agree as follows:
1. County does hereby agree to allow the Contractor to use a designated area on
which to place a recreational vehicle, together with a fenced in area around the residence for
the usual needs of the Contractor, as identified in the attached Exhibit A hereinafter referred
to as "Work Camper Location".
2. The term of this Agreement shall be one (1) year beginning upon _, 2016,
and ending upon _, 2017, unless terminated as provided herein, and shall
supersede all prior agreements. At the option of the parties this Agreement may be renewed
for two (2) additional one (1) year periods upon the same terms and conditions herein
specified. This option shall be deemed exercised and the contract renewed for an additional
one (1) year period upon the County's written notification to Contractor that it will exercise
this option to renew. Such written notification shall be given thirty (30) days prior to the
expiration of this Contract.
3. County agrees to provide utility service, including garbage removal, for the
Contractor.
4. County grees ti provide to provide orientation and annual training regarding
expectations, responsibilities, public relations, chain of command, protocol in emergency
and non -emergency situations and any other topic ERD determines necessary.
5. The Contractor agrees to:
a. provide their telephone service and provide an active telephone
number to the County (land service to their recreational vehicle or cell
Packet Pg. 143
8.F.3.a
phone is acceptable);
b. provide their own internet, cable or any other personally desired
connections to the property;
C. provide their own post office box should mail service not be available
at the property;
d. provide their own recreational vehicle (recreational vehicle shall not
be permanent and may include motor homes) and reside in the
recreational vehicle. Maximum occupancy of recreational vehicle is
two (2). All vehicles including recreational must have current license
plate tag, registration and insurance coverage;
e. advise the Environmental Resources Director of any absence of greater
than 48 hours and provide the County with a name and contact number
of the person(s) who will provide coverage of the responsibilities listed
herein during the absence. Person responsible for temporary
coverage must complete background check through SLC prior to
providing coverage;
f. act as the County representative on the site and participate in safety
and preserve etiquette training provided by the Environmental
Resources Department, or designee;
g. act as the County liaison and report all emergency and non -
emergency needs as Fequested and respond specifically as directed by
the Environmental Resources Director or designee-
h. notify, where appropriate, the Environmental Resources Director, or
designee, Sheriff's Department, and/or Florida Fish and Wildlife
Conservation Commission of any unusual activity on the property
including, but not limited, to wildfire, lost hikers, poaching, suspected
trespass, vandalism, or other illegal activities;
i. mow and maintain the recreational vehicle and fenced in residence
area in good repair and neat appearance at all times. No outside
storage is permitted without approval of the Environmental Resources
Director. The number of vehicles (e.g.: cars, trucks, motorcycles, etc.;
not recreational vehicles) on the property will be limited to two and all
vehicles on site must be in running order;
maintain insurance coverage for any property owned by the Contractor
and be financially responsible for any damage to the recreational
vehicle or any property therein;
Packet Pg. 144
8.F.3.a
k. provide a minimum of 20 hours of work per week as indicated below
5. The Contractor shall be responsible for maintenance of the Property with
his/her duties to specifically include but not limited to:
a. Open and close public entrance gates for the following County
Properties (gates are to be opened at sunrise and closed at sunset):
1. Steven J. Fousek Preserve (Paleo Hammock parking lot serves
Paleo, Teague, and Hackberry Hammocks);
2. Pinelands Preserve (in conjunction with VPI Grove staff who open
and close most week days).
b. Inspect parking lots on Steven J. Fousek Preserve and Pinelands
Preserve at least once a day;
C. Patrol perimeter of Steven J. Fousek Preserve and Pinelands Preserve,
all internal trails, and all campsites as often as possible and at least
three times per week;
d. weed -eat, where and when needed, the following areas within the
Property:
3. Parking lots and kiosks;
4. Trails and trail signs;
5. Picnic areas; and
6. Around wildlife blinds, observation towers, and other
infrastructure.
f. Inspect for signs of damage, vandalism and unauthorized use, and
report any found to the Environmental Resources Director and the
She-F-i-APS DepaARWHt.
,
h. Maintain a daily activity log of patrols and inspection tours (noting the
dates and time the property is checked), problems encountered, safety
hazards, abnormal activity, discrepancies and unusual circumstances,
together with corrective action taken, or person notified. The log
shall be submitted to the Environmental Resources Director, or
designee, on a monthly basis.
i. Incident reports shall be completed. using SLC ERD provided forms,
immediately after any emergency situation. Completed forms shall
be submitted within 24 hours after incident to Environmental
Resources Director, or designee.
L T- ke -A11 1-awful steps to r otoot the Property from bur- Fy malicious
Packet Pg. 145
8.F.3.a
mischief-, unl f, 1 tFespass a ,-,aal•s poaching and prevent
-,eta
k. Perform any reasonable miscellaneous duties as assigned by the
Environmental Resources Director, or designee.
6. The Contractor warrants to the County that he/she is a responsible and law
abiding person and that he/she is not under any legal disability or criminal prosecution.
The Contractor further covenants and agrees that he/she will keep the Property and his
recreational vehicle in a neat appearing and sanitary condition. Contractor will not let or
sublet or sub -lease the Property or recreational vehicle to any person or persons
whomsoever. Any sub -renting and subleasing shall constitute a breach of this Agreement.
7. This Agreement may be terminated by either party, with or without cause,
with seven (7) days prior written notice. Contractor further covenants and agrees that
he/she will upon written notice terminating this Agreement, vacate the Property and remove
his/her property from the Property or parking place and will leave the site clean. If the
Contractor fails to vacate the Property and it becomes necessary for the County to institute
a legal proceeding against the Contractor, the prevailing party shall pay reasonable attorney
fees and the costs of such suit at legal proceeding. Any property left remaining on the
Property after 7 days from the date of the notice of eviction or contract termination shall
legally become the property of the County. Any clothing provided by the County to the
Contractor, including safety vests and uniforms, shall be returned to the County at
termination of this contract.
8. The Contractor agrees that no person shall reside on the premises, other than
those members of his/her immediate family. The Contractor further agrees to be
responsible for all pets both inside and outside, and agrees and understands that the pets
are limited to 2. Cats, if any, must remain indoors at all times. Pets shall always be
leashed when outside of Contractor's fenced residence area and no free -roaming pets will be
allowed. Contractor is responsible for picking up and disposing of pet waste.
9. No personal trucks and/or trailers shall be allowed into the site past the
Contractor's residence, unless authorized by Environmental Resources Director or
appropriate land's management staff or during an emergency. Patrolling should only occur
on a designated 4-wheeler type vehicle when vehicle is provided by the County. During all
routine patrolling and onsite work, the Contractor shall wear the provided safety vest and/or
uniform provided by the County. Contractor shall have a clean appearance and be
approachable by the public at anytime while onsite.
10. Possession of firearms on the Property is for personal protection only, no
hunting. If possessing firearm it must be concealed on person, no open carry or
brandishing of firearms and carrier must hold an active concealed carry permit. No
firearms are to be concealed on County property, including equipment but not limited to 4
wheelers, tractors, sheds, tractors. Unattended firearms must be secured unloaded within
the contractor's residence.
Packet Pg. 146
8.F.3.a
11. Contractor agrees that no trapping shall be allowed on the
Property unless authorized by separate written authorization from the Environmental
Resources Director.
12. As a consideration for allowing the Contractor to use the Property, the
Contractor agrees to indemnify and hold the County, its agents and employees, harmless
for all claims for damages and for any claims that may be made against it or them, by any
member of his family or his guests for any damages whatsoever.
13. No amendment or claimed amendment hereto shall be binding upon the
County unless the same has been formally executed in behalf of the County by both the
Environmental Resources Director and the Contractor.
14. The Contractor shall allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Contractor in conjunction with this Contract. Specifically, the Contractor
shall:
a. Keep and maintain public records that ordinarily and necessarily
would be required by the County in order to perform the service.
b. Provide the public with access to public records on the same terms
and conditions that the County would provide the records and at a
cost that does not exceed the cost provided in state law or as
otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except
as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no
cost, to the County all public records in possession of the contractor
upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the County in a format that is compatible with the
information technology system of the County.
15. Notice. All notices, requests, consents, and other communications required
or permitted under this Agreement shall be in writing and shall be (as elected by the
person giving such notice) hand delivered by messenger or courier service,
telecommunicated, or mailed by registered or certified mail (postage prepaid) return
receipt requested, addressed to:
As To County: With A Copy To:
Packet Pg. 147
8.F.3.a
St. Lucie County Administrator
Administration Building Annex
2300 Virginia Avenue, 3rd Floor
Fort Pierce, Florida 34982
As To Contractor:
Clifford Cammarata
P.O. Box
Fort Pierce, FL 349
St. Lucie County Attorney
Administration Building Annex
2300 Virginia Avenue, 3rd Floor
Fort Pierce, Florida 34982
St. Lucie County Environmental Regulation and
Land Division Manager
2300 Virginia Avenue
Fort Pierce, Florida 34982
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered (a) on the date delivered if by
personal delivery, (b) on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as not deliverable, as the case
may be, if mailed.
16. Mediation. In the event of a dispute between the parties in connection with
this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-
binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen
from a list of certified mediators available from the Clerk of Court for St. Lucie County.
The fee of the mediator shall be shared equally by the parties. To the extent allowed by
law, the mediation process shall be confidential and the results of the mediation or any
testimony or argument introduced at the mediation shall not be admissible as evidence in
any subsequent proceeding concerning the disputed issue.
17. INTERPRETATION; VENUE. This Contract constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Contract may only be amended
by written document, properly authorized, executed and delivered by both parties
hereto. This Contract shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by the laws of the State of
Florida. In the event it is necessary for either party to initiate legal action regarding this
Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County,
Florida, for claims under state law and the Southern District of Florida for any claims which
are justiciable in federal court.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Deputy Clerk
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
Packet Pg. 148
8.F.3.a
WITNESSES:
(1
(2)
BY:
County Attorney
CONTRACTOR
Clifford Cammarata
Packet Pg. 149
8.F.4
ITEM NO. (ID # 3367)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
4113IX4is
BACKGROUND:
DATE: 02/16/2016
*CONSENT
AGENDA\ENVIRONMENTAL
RESOURCES
Amy Griffin, Environmental Resources Division Director
Environmental Resources
Petravice Infrastructure CIP
St. Lucie County's Capital Improvement Plan (CIP) includes funding in the current fiscal year for future
Environmentally Sensitive Land Purchases. The purpose of this budget amendment is to designate
$200,000 of these funds for Petravice Preserve improvements. The funds will be used to match a
$200,000 grant from the Land and Water Conservation Fund program.
Petravice Preserve is adjacent to the North Fork of the St. Lucie River, a State Aquatic Preserve and
Outstanding Florida Waterway, in the center of St. Lucie County. It is located in White City, one of St. Lucie
County's most historic communities. It is ideally positioned to serve as a recreational showcase for hikers,
picnickers, canoeists, kayakers, and all outdoor enthusiasts. St. Lucie County worked with the Florida
Communities Trust (FCT) to purchase this former commercial nursery property with Florida Forever funds
and the County's Environmentally Sensitive Lands funds. This purchase took place in June 2014, and St.
Lucie County now seeks to clean up the property and construct the recreational amenities that have long
been sought for this riverfront parcel.
This 29.77-acre parcel, is named after a former owner. The County plans to position a work camper on the
property to oversee the property as well as the adjacent Captain Hammond's Hammock Natural Area to
the south of Petravice. The project site contains nearly 1 1/2 miles of shoreline adjacent to the North Fork
and its oxbows. The site was used as an ornamental nursery starting in the 1970s. The first phase of work
under the LWCF grant will include cleanup of what remains of the nursery, including demolition of a shed
and removal of several hundred dead or invasive exotic potted plants and associated irrigation
equipment. Invasive exotics such as Brazilian peppers and air potato will be removed, providing clear
views of the beautiful North Fork and its oxbows. Once the exotics are removed, replanting of native
plants will take place in areas lacking native shrubs or groundcovers. More than 4,600 feet of trails will
result from renovation of a former access road into the property and construction of new trails and
boardwalks.
The public was substantially involved in the planning process for the property's future use, beginning in
Packet Pg. 150
8.F.4
2011 when the County first submitted an FCT application. These public meetings resulted in a proposed
list of amenities and activities on the parcel. A canoe launch and canoe -stopover dock will make this park
popular with water lovers. This will give paddlers enjoying the scenic 15-mile-long North Fork St. Lucie
River Paddling Trail a place to stop, rest, play, and eat, one of only three such full -service stopovers
currently located along the paddling trail. Nearby, an impressive suspension pedestrian bridge will take
visitors across an oxbow to enjoy trails along the County owned Captain Hammond's Hammock Natural
Area. Primitive camping will be added to Captain Hammonds in the future that would only be reachable
by water or the trail through Petravice.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funds will be available in 317-3920-561000-3121— Petravice Preserve.
RECOMMENDATION:
Staff recommends Board approval to amend Environmental Resources Department's (ERD) Capital
Improvement Plan to indicate the presence of $200,000.00 for Petravice Park Improvements. These funds,
to be used as 50 percent matching funds for a grant. However, in order to comply with the granting
agency's request, these matching funds must be identified specifically as dedicated solely for Petravice
Park Improvements.
COMMISSION ACTION:
Coordination/Signatures
Amy Griffi ental Resources Division Direct5)1 2/4/2016
Danie s. McIntyre, 7>"torney 2/8/2016
Updated: 2/10/2016 11:56 AM by Amy Griffin Page 2
Packet Pg. 151
8.F.4.a
ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM
CAPITAL PROJECT SUMMARY
PROJECT NAME: lPetravice Preserve Infrastructure PROJECT #: 3121
DEPARTMENT: Environmental Resrouces DATE PREPARED: 2/1/2016
DIVISION: I Lands PROJECT MGR: Griffin
TYPE OF PROJECT: NEW CONSTRUCTION: x RECOMMENDED: YES
NNO
RENOVATION: x APPROVED: YESNOMAINTENANCE:
REVISED: YESNO x
PROJECT DESCRIPTION, SCOPE & JUSTIFICATION:
Recreational improvements including construction and renovation more than a mile of hiking trails, a pedestrian bridge, two picnic
pavilions, a compost toilet restroom, canoe launch and canoe stop -over docks, lawn -game areas and fishing pier. The project will be
managed by the Environmental Resources Department (ERD).
THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO 0
LEVEL OF SERVICE IMPACT:
DEPARTMENT PRIORITY LEVEL 0 1 - High Priority, not completing would negatively affect critical service &/or safety
2 - Medium Priority, not completing would have some effect on service;
grant award/availability; long range expansion goals
3 - Other
FUNDING USES CARRYOVER FY15-16 FY 15-16 FY 16-17 FY 17-18 FY18-19 FY19-20 5-YEAR
FROM FY 15 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL
Land 1 200,0001 200,0001 200,000
Buildings 01 0
Imp O/T Bldgs 01 0
TOTAL: 0 200,000 200,000 0 0 0 0 200,000
FUNDING SOURCES & AMOUNTS FY15-16 FY 15-16 FY 16-17 FY 17-18 FY18-19 FY1-20 5-YEAR
NEW BUDGET PLAN PLAN PLAN PLAN TOTAL
317-3920-563000-3921 200,000 200,000
0
0
TOTAL: 200,000 0 0 0 0 0 200,000
PRIOR PROJECT FUNDING
TOTAL LIFE TO DATE BUDGET 0
TOTAL LIFE TO DATE EXPENDITURE 0
OPERATING IMPACT
(Includes add'1 personnel needs as well as any other FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 20-21 5-YEAR
operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL
Number of New Positions Needed 0 0 0
Estimated Operating Impact 01 01 1 1 0
REMARKS:
CAPITAL IMP REQ # : CII'16-001 ACCOUNT #: 317 3920 563000
3121
(additional lines for multiple
fund sources)
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8.F.4.b
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT
PREPARED DATE:
AGENDA DATE:
ACCOUNT NUMBER
TO: 317-3920-561000-3121
FROM: 317-9910-599300-800
Environmental Resources
2/4/2016
2/16/2016
Land
Reserves
ACCOUNT NAME
AMOUNT
$200,000
$200,000
REASON FOR BUDGET AMENDMENT:
To move funds to dedignate funds to match a $200,000 grant from the Land and Water
Conservation Fund Program for Petravice Preserve Improvements.
RESERVE BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
$280,037
$200,000
$80,037
BA16-001
Packet Pg. 153
8.J.1
ITEM NO. (ID # 3362)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Desiree Cimino, Purchasing Manager
Purchasing Division
DATE
02/16/2016
*CONSENT AGENDA\OFFICE OF
MANAGEMENT & BUDGET
Request for Proposal (RFP) No. 16-004, Federal Lobbyist Services
On December 2, 2015, responses to RFP No. 16-004, Federal Lobbyist Services, were opened. Three
proposals were received; 121 companies were notified and 13 RFP documents were distributed.
The successful Proposer shall represent the County and assist the Legislative Affairs Manager in
monitoring legislative, executive and regulatory activity at the federal government level. The services that
will be provided will be in conjunction with St. Lucie County's Federal Legislative Appropriations, Grant
Requests and any Legislation that may affect St. Lucie County.
The successful Proposer will also provide professional governmental affairs services as directed by St.
Lucie County Erosion District. Major federal projects include the Ft. Pierce Shore Protection, Ft. Pierce
Inlet Management & Sand Bypassing and South St. Lucie County Beach (Feasibility Study).
On January 7, 2016, the selection committee evaluated and ranked the proposals that were received. The
committee members' scores and ranking for each firm are provided in Attachment A.
The short-listed firms in order of ranking are as follows:
1. Van Scoyoc Associates - Washington, DC
2. The Color Nine Group - Silver Spring, Maryland
3. HBW Resources, LLC -Jacksonville, Florida
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funding is available from 001-1210-531000-100 (BOCC) and 184-3710-531000-300(Erosion District).
RECOMMENDATION:
Packet Pg. 154
8.J.1
Staff recommends Board approval of the short-listed firms for Federal Lobbyist Services and permission
to:
Conduct contract negotiations with the highest ranked short-listed firm;
If negotiations are successful, award contract to the successful short-listed firm and
authorization for the Chairman to sign the documents as prepared by the County Attorney;
If staff is unable to negotiate a satisfactory contract with the highest ranked proposer,
negotiations with that firm shall be terminated and staff shall attempt to negotiate a
contract with the second ranked firm. If these negotiations are not successful, they shall be
terminated with the second proposer and attempted with the next ranked firm.
COMMISSION ACTION:
Coordination/Signatures
11.71
Heather Young, Asst. County Attorney 2/2/2016 E�ob—Ad&W De gun Administrator 2/12/2016
Updated: 2/9/2016 1:55 PM by Katrina Slay Page 2
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8.J.1.a
Attachment A
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Firm
Total possible points per committee
member
40
35
10
15
100
Total possible points for five members
200
175
50
75
500
Van Sco oc Associates
188
158
43
40
429
1
The Color Nine Group
148
121
33
65
367
2
HBW Resources, LLC
153
111
30
46
340
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8.J.1.b
BOARD OF
COUNTY
COMMISSIONERS
C6UNT]
F
L
Q
R[
D A
Tabulation Sheet
RFP No. 16-004
Federal Lobbyist Services
PURCHASING
DEPARTMENT
HBW Resources, LLC
Contact: Kevin Doyle
Phone: 904-806-1714
Fax: n/a
Address: 76 S. Laura St., Suite 1702, Jacksonville, FL 32202
The Color Nine Group
Contact: Michael Willis
Phone: 202-545-0139
Fax: n/a
Address: 9510 Saybrook Ave., Silver Spring, MD. 20901
Van Scovoc Associates
Contact: Greg Burns
Phone: 202-737-8162
Fax: 202-638-7714
Address: 101 Constitution Ave., Washington, DC 20001
Packet Pg. 157
8.K.1
ITEM NO. (ID # 3351)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
DATE: 02/16/2016
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
Willie Redden, Regional Parks and Stadium Manager
Regional Parks & Stadiums Division
The ARC of St. Lucie County - Walkathon
The Arc of St. Lucie County, Inc, a 501(c)(3) non-profit organization that serves individuals with
developmental and intellectual disabilities reserved Calvin R. Triplett Field for its annual Walk-a-thon. The
purpose of the event is to raise funds/awareness of programs and services available in the community. As
such, in a letter that was received on January 21, 2016, the organization requested a waiver of the facility
rental fee ($787.50) for the 2016 event.
In accordance with section 2C of the St. Lucie County Facility Use Rules and Procedures, facility rental fees
cannot be waived unless approved by the Board of County Commissioners. Moreover, the event must
meet the following criteria in order to be eligible for a waiver:
1. Be a St. Lucie County governmental agency or non-profit with a 501(c)(3) tax exemption, which
provides a service that benefits the public and is available to all citizens of the County; or
2. The event is a fundraiser for an organization which meets the requirements in C(1)(a).
Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff,
equipment, and supplies may not be waived by the Board.
PREVIOUS ACTION:
The total amount of rental fees waived for this group at Calvin R. Triplett Field in 2014 was $787.50
FINANCIAL IMPACT:
If the waiver is approved, the County would forgo revenue of $519.75
RECOMMENDATION:
Staff recommends Board approval to waive $519.75 in facility rental fees for the ARC of St. Lucie County,
Inc. Annual Gene Lofton Walk-a-thon.
Packet Pg. 158
8.K.1
COMMISSION ACTION:
Coordination/Signatures
Edward Matthews, Parks,, R�eLrea ion & Fa rties Director 2/4/2016
// W4,
anie S. McIntyre, c my ttorney 2/8/2016
Updated: 2/4/2016 12:25 PM by Patty Marston-Duva Page 2
Packet Pg. 159
8.K.1.a
Achieveh us.
Adult D y Train in Residentiat Group Homes Vocational Training It Supported Employments
Supported independent Living After School St Summer Camp Transportation
P.O. Box 1016 Fort Pierce, FL 34954
P: (772) 468-7879 F (772) 465-7050 r: info@arcofstlucie.org W: www.arcofstlude.org
RE: Waiver of facility Fees
Attention: Withe Redden
Dear St. Lucie County Board Mernbers, C
Please receive this letter as an official request to waive the fees for the use of Lawrlwood Stadium on April 2, 2oi6 for The Arc oaf V
St. Lucie County's special event. With your support, those funds will be used to eiihance the quality of life, and continue the Q
m
highest level of service for adults and children with disabilities in St. Lucie County. Its return for your gift, we would like to
reco;nize St Lucie County Parks and Recreation as one of our sponsors for the event.
EO
M
Every year during the months of Mardi and April, advocates, friends, and families put on their walking shoes to increase
awa. -eness, and encourage subpart of those with Intellectual and Developmental Disabilities and Autism.
We. }re very pleased to announce that The Are of St. Lucie will be hosting our Annual Gene Lofton "Wail. Strong, Carry On"
Wall:-a-tlaon on April 2, 2c i6. The walk will be held in loving memory of Gene Lofton who fundraised for our organization up
antihis recent passing. All proceeds from. the event will help fund an outdoor walking trail at our Adult Day Program. A special
recognition plaque will he engraved and placed at the program to honor the life of Gene Lofton., and his dedication to advocate for
individuals with disabilities.
Always remember, our ability to provide ongoing advocacy is contingent on our most valuable asset, individuals like yourselves
that continue to value the wort{ of our organization and the lives of our individuals. Your ongoing support enables us to continue
to champion for those who cannot fight for themselves.
Tha�-& you for your consideration and -support. Please feel free to contact me with any questions you may have,
Sincerely,
Seca `1`ague �..,
Dircctor of Operations
The�Arc of St. Lucie County, Inc.
(77< ) 468-7879 ext. 3
CC: Jeff Lgelston
Executive Director
Sponsored by The Arc of St- Lucie County, Mc.,
a United Nlay of St. Lucie Member Agency and The State of Florida
§
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Member of the At of Florida & The Arc of the United States
Packet Pg. 160
8.K.1.a
Organization: The ARC of 5t. Lucie County, Inc.
Address: 500 S. Hwy 1, Ft. Pierce, FL 34987
Office Phone: 772-468-7879
EXHIBIT "A"
Fax: 772-462-2103
Event Date: April 2, 2016
Event Day: Saturday
Set up/Load In: 7am - 91m
Event Times: Slam - 1pm
Break Down/Load Out: ipm - 4pm
Total Event Hours: 9 hrs.
Fax: 772-465-7050
Cell: 661-4925-0833 E-mail Address: btague@arcofstlucle.org
+**�****�*��w��x�xs*******#aaxn:xt*****���x**#s�*x+*s�*���*+*+�rtt***##***sa#**�*��x��*■
1 acility Use Fee Rate Fee
I awnwood Stadium 9 hrs. x $77 sub -total $693.00
1 ootball Field & Track Deduct 25% $173.25
Revised Sub -total $519.75
Sales Tax 6.5% $0.00
WAIVED FACILITY USE FEE TOTAL $519.75
7;taff/Personnel (Does not include cost of any required security personnel)
11) Supervisor 2 hrs. x $25 STAFF FEE TOTALI $50.00
I lea nup Deposit- (Refundable) 1 $250.00
TOTAL ESTIMATED CHARGES1 $819.75
TOTAL COLLECTED AFTER FEE WAIVERI $300.00
OtherRequie �itsied:�de'o!tarenc2lir:iC�ee--�:
. 50% Deposit with signed Facility Use Agreement, Required Documents to Confirm Reservation. Balance due and all Required
Documents due no less than 30 days prior to event to avoid cancellation.
'. Comprehensive General Liability Insurance Certificate for $1,000,DD0 per occurrence, $2,000,000 aggregate in name of Applicant
and naming St. Lucie County BOCC, 2300 Virginia Ave, Ft. Pierce, FL 34982 as an additional Insured.
Proof of Security (St. Lucie County Sheriff's Department) 4700 West Midway Road, Fort Pierce, Florida 34981
1772) 462-7300 (reception) Mike Muller, Deputy Detail 462-3281(off.)
Group will be in charge of collection and disposal of trash
:stimate Prepared by: Willie Redden
Becca 7ague, Director of Operations
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8.N.1
ITEM NO. (ID # 3364)
TO:
PRESENTED BY:
SUBMITTED BY:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Barbara Guettler, MSBU Project Manager
MSBU Program
Parkland Municipal Services Benefit Unit
DATE
02/16/2016
*CONSENT AGENDA\PUBLIC
WORKS
On October 6, 2015, the Board approved the Final Assessment Resolution for the Parkland MSBU. The
attached Interlocal Agreement between the St. Lucie County Board of County Commissioners and the St.
Lucie County Tax Collector satisfies the requirements pursuant to Chapter 197.3632 of the Florida
Statutes.
PREVIOUS ACTION:
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 Resolution.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board approval of the Interlocal Agreement with the St. Lucie County Tax Collector for
the Parkland MSBU and authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
Packet Pg. 162
8.N.1
Coordination/Signatures
)P 'RAjpi—V n,
,Maerp-owie�-uunty Enginee 2/3/2016
4anieyS..McIntyre, C my ttorney 2/4/2016
Updated: 2/2/2016 4:01 PM by Katrina Slay Page 2
Packet Pg. 163
Agreement with Tax Collector
8.N.1.a
INTERLOCAL AGREEMENT
BETWEEN TAX COLLECTOR AND ST. LUCIE COUNTY
FOR PARKLAND MSBU
THIS AGREEMENT is made and entered into this _ day of
2016, by and between the Board of County Commissioners of St. Lucie County, Florida,
whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as
the "County"), and the St. Lucie County Tax Collector, a constitutional officer of the
State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter
referred to as "Tax Collector').
WITNESSETH:
WHEREAS, the County intends to levy non -ad valorem special assessments
against residential properties within the boundaries of the area known as Parkland
Municipal Services Benefit unit (the "Parkland MSBU"); and
WHEREAS, the purpose of the levy is to provide financing of infrastructure to
provide potable water and fire protection improvements to the properties within the
boundaries of the " Parkland MSBU"; and
WHEREAS, the County is authorized to impose non -ad valorem assessments
and by resolution has expressed its intent to use the uniform method of notice, levy,
collection and enforcement of such assessments, as authorized by Section 197.3632,
Florida Statutes; and
WHEREAS, the uniform methodology with its enforcement provisions including
the use of tax certificates and tax deeds for enforcing against any delinquencies, is more
fair to the delinquent property owner than traditional lien foreclosure methodology;
and
WHEREAS, the uniform method will provide for more efficiency of collection by
virtue of the assessment being on the tax bill issued by the Tax Collector which will
produce positive economic benefits to the County; and
WHEREAS, the uniform methodology will tend to eliminate confusion and
promote local government accountability; and
{25048/015/00942065.DOCv2 }
Packet Pg. 164
8.N.1.a
Agreement with Tax Collector
WHEREAS, Section 197.3632(2), Florida Statutes, provides that the County shall
enter into a written agreement with the Tax Collector for reimbursement of necessary
administrative costs incurred in implementing said section; and
WHEREAS, Section 197.3632(7), Florida Statutes, provides that the County shall
bear all costs associated with any separate notice in the event Tax Collector is unable to
merge a non -ad valorem assessment roll to produce the annual tax notice; and
WHEREAS, Section 197.3632(8)(c), Florida Statutes, provides that the County
shall compensate the Tax Collector for actual costs of collection of non -ad valorem
assessments.
NOW, THEREFORE, for and in consideration of the foregoing, including mutual
terms, covenants and conditions herein contained, the parties do contract and agree as
follows:
ARTICLE 1
RECITATIONS: AUTHORITY
This Agreement is entered into pursuant to the Florida Interlocal Cooperation
Act of 1969; Sections 163.01 and 197.3632 Florida Statutes (2014). This Agreement
embodies the whole understanding of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous telecommunications, representations, or agreements, either
verbal or written between the parties. The above representations are true and correct
and incorporated herein.
ARTICLE II
PURPOSE
The purpose of this Agreement is to establish the terms and conditions under
which the Tax Collector shall collect and enforce the collection of non -ad valorem
assessments levied by the County from time to time to include reimbursement by the
County to the Tax Collector for actual costs of collection pursuant to Section
197.3632(8)(c), Florida Statutes; any costs involved in separate mailings because of non -
merger of any non -ad valorem assessment roll of the County, pursuant to Section
197.3632(7), Florida Statutes; and for necessary administrative costs, including, but not
limited to, those costs associated with personnel, forms, supplies, data processing,
computer equipment, postage and programming which attend all of the collection and
enforcement duties imposed upon the Tax Collector by the uniform methodology, as
provided in Section 197.3632(2), Florida Statutes. It is the intent of the parties hereto
2
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Agreement with Tax Collector
8.N.1.a
that this Agreement and the terms and conditions hereof shall govern those non -ad
valorem assessment programs implemented and maintained by the County for
purposes of funding potable water and fire protection improvements to parcels within
the Parkland Municipal Services Benefit Unit.
ARTICLE III
TERM
The term of this Agreement shall commence on September 15, 2016 and shall run
through September 15, 2036 the date of signature of the parties notwithstanding,
However, the County shall inform the Tax Collector, as well as the St. Lucie County
Property Appraiser (the "Property Appraiser") and the Florida Department of Revenue,
by January 10 in any calendar year in which it intends to discontinue use of the uniform
method of collecting each such assessment pursuant to Section 197.3632(6), Florida
Statutes.
ARTICLE IV
COMPLIANCE WITH LAWS AND REGULATIONS
The parties shall comply with all statutes, rules and regulations pertaining to the
levy and collection of non -ad valorem assessments by, and any resolutions
promulgated by the County not inconsistent with, nor contrary to, the provisions of
Sections 197.3632 and 197.3635, Florida Statutes, or successor statutory provisions and
all applicable rules promulgated by the Department of Revenue and their successor
rules.
This Agreement incorporates the provisions of Section 197.3632, Florida Statutes
as they exist on the date of execution hereof and as they may be from time to time
hereafter amended or renumbered.
ARTICLE V
DUTIES AND RESPONSIBILITIES OF THE COUNTY
The County agrees, covenants, and contracts to:
(A) Provide written notice to the Tax Collector, which notice shall include a
certified copy of the Resolution creating the Parkland MSBU.
3
{ 25048/015/00942065. DOCv2 }
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Agreement with Tax Collector
8.N.1.a
(B) Provide the Tax Collector with copies of all other resolutions relating to
the Parkland MSBU, including but not limited to any resolution approving a special
assessment roll and authorizing a change in the amount of the special assessment levied
against any parcel of property within the Parkland MSBU.
(C) The County shall, in writing, notify the Tax Collector of the
representative(s) authorized to submit a correction on DR Form 409A. The County shall
also notify the Tax Collector in writing of the official authorized to submit the factors.
(D) The County shall provide the Tax Collector, thirty (30) days prior to
presentation of certified rolls, all proposed details regarding yearly billing, prepays,
payoffs during term, payoffs after first billing (ie: amortization) and other costs that
may be added after prepays. The parties mutually agree to negotiate a format that is
acceptable to both parties. The Tax Collector reserves the right to reject the proposed
format of the data if it is not compatible with the current collection system and he has
not been involved in the development of the format.
(E) By September 15 of each calendar year, the County„ acting through an
authorized agent thereof, shall officially certify to the Tax Collector the non -ad valorem
assessment roll, on compatible electronic medium, tied to the property parcel
identification number, and otherwise conforming in format to that contained on the ad
valorem tax rolls submitted by the Property Appraiser to the Department of Revenue.
The County shall post the non -ad valorem assessment roll and shall exercise its
responsibility that such non -ad valorem assessment roll be free of errors and omissions.
The County shall inform the Tax Collector, as well as the Property Appraiser and the
Department of Revenue by January 101" if it intends to discontinue use of the uniform
method of collection for the applicable non -ad valorem assessment.
(F) Timely reimburse the Tax Collector for actual collection costs incurred
pursuant to Section 197.3632, Florida Statutes.
(G) Timely reimburse Tax Collector for necessary administrative costs for the
collection and enforcement of the applicable non -ad valorem assessment by the Tax
Collector pursuant to Section 197.3632(2), Florida Statutes, to include, but not limited to,
those costs associated with personnel, forms, supplies, data processing, computer
equipment, postage and programming. The parties acknowledge and agree that a good
faith estimate of the cost of collection, based on prior experience, exceeds two percent
(2%) of the total collection. However, in order to keep costs as low as possible, the Tax
Collector agrees to accept two percent (2%) of the collection as his reimbursement.
If, due to unusual or extenuating circumstances, the Tax Collector's necessary
4
{ 25048/015/00942065. DOCv2 }
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Agreement with Tax Collector
8.N.1.a
administration costs of performing the services required by this agreement exceed the
usual and expected compensation provided for in this paragraph, the District agrees to
pay any additional sums required to fully reimburse the Tax Collector for necessary
administrative costs as documented by the Tax Collector.
(H) Timely pay for or alternatively to timely reimburse the Tax Collector for
any separate tax notice necessitated by the Tax Collector not being able to merge the
non -ad valorem assessment roll pursuant to Section 197.3632(7), Florida Statutes.
(I) All assessments shall become liens by operation of law as specified in Section
197.122 F.S.
ARTICLE VI
DUTIES OF THE TAX COLLECTOR
The Tax Collector agrees, covenants and contracts to:
(A) Merge all rolls, prepare a collection roll and prepare a combined notice for
both the ad valorem and non -ad valorem assessments in accordance with Chapter 197,
any applicable rules promulgated by the Department of Revenue and in accordance
with any specific rules and resolutions adopted by the County, so long as said rules and
resolutions shall themselves not be inconsistent with or contrary to the provisions of
Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes.
(B) Collect the non -ad valorem assessments complying with the provisions of
this agreement, and remit the funds to the County on a monthly basis, less the
deductions allowed in paragraph G of this agreement.
(C) Deposit all collections of special assessments in the same account used for
collection of ad valorem taxes; however, the Tax Collector shall provide a statement to
the County showing the amount of special assessments collected.
(D) If Tax Collector discovers any errors omissions on any roll, request the
District to file a corrected roll or the correction of the amount of any assessment by
filing with the Tax Collector a certificate of correction with a copy to the Property
Appraiser and the Department of Revenue, pursuant to applicable rules provided by
the Department of Revenue.
5
{ 25048/015 /00942065. DOCv2 )
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Agreement with Tax Collector
8.N.1.a
(E) Upon determining that a separate mailing is required pursuant to Section
197.3632(7), Florida Statutes, mail or require the District to mail a separate notice of the
particular non -ad valorem assessment.
ARTICLE VII
MISCELLANEOUS
(A) The parties acknowledge that the Tax Collector is entering this agreement
without any determination that the County is legally authorized or qualified to collect
its non -ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is
understood that it is his ministerial duty and he has no authority to refuse that duty;
question compliance with Chapter 197 Florida Statute; determine the legality of the
assessment or determine the constitutionality of any lien resulting from nonpayment of
the assessment. In recognition of all of the above, the County shall, to the extent
permitted by law, indemnify and save harmless and defend the Tax Collector, its
agents, servants, and employees from and against any and all claims, liability, losses, or
causes of action which may arise from any misconduct, improper action, negligent act
or omission of the County, its servants, or employees in the performance of services
under this Agreement.
(B) Any alteration, variation, modification, extension, renewal, or waiver of the
provisions of this Agreement shall be valid only when reduced to writing, duly
authorized, and signed by all parties. Any amendment must be entered prior to
January 1 of the tax year in which such amendment is to become effective. This
Agreement and any amendment shall be filed with the Clerk of the Circuit Court for St.
Lucie County, Florida, and shall be effective as of the date of such filing.
(C) This Agreement shall continue from year to year unless terminated by either
party for any reason, provided, however, that the party desiring to terminate must give
written notice of such termination on or before June 30 preceding January 1 of the year
the Agreement shall stand terminated.
(D) All notices or other communications hereunder shall be in writing and shall
be deemed duly given if delivered in person or sent by certified or registered mail,
return receipt requested, and addressed as follows:
If to the County
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
R
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
{ 25048/015/00942065. DOCv2 }
Packet Pg. 169
Agreement with Tax Collector
8.N.1.a
If to the Tax Collector
St. Lucie County Tax Collector
2300 Virginia Avenue
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Tax Collector Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
(E) This Agreement constitutes the entire agreement between the parties with
respect to the subject matter, and supersedes all prior oral or written agreements
between the parties.
(F) This Agreement shall be interpreted as a whole unit, and section headings
are for convenience only. All interpretations shall be governed by the laws of the State
of Florida.
(G) This Agreement has been entered into for the sole benefit and protection
of the parties and no other person or entity shall have any right of action under or by
reason of this Agreement.
(H) This Agreement shall be filed with the Clerk of the Circuit Court of St.
Lucie County, Florida, for recording in the public records of the County.
(I) In accordance with Section 163.01(11), Florida Statutes, this Agreement
shall be deemed effective as of the date of filing with the Clerk of the Circuit Court as
provided in subparagraph (H) above.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
and have caused these presents to be signed by their duly authorized officers, the date
first above written.
ATTEST:
ST. LUCIE COUNTY
LIN
Chair
APPROVED AS TO FORM AND
CORRECTNESS
7
(25048/015/00942065. DOCv2 )
Packet Pg. 170
Agreement with Tax Collector
8.N.1.a
ATTEST:
County Attorney
TAX COLLECTOR OF
ST. LUCIFreOUNTY, ]
ax Collector
RIDA
APPROVED AS TO FORM AND
CORRECTNESS
i
General Counsel;
125048/015/00942065.DOCv2 }
Packet Pg. 171
8.N.2
ITEM NO. (ID # 3293)
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Christopher Lestrange, Manager
SUBMITTED BY: Road & Bridge Division
DATE: 02/16/2016
*CONSENT AGENDA\PUBLIC
WORKS
SUBJECT: Award of Bid No. 16-008 Subdivision #2 Mowing - Harmony Heights,
Sunland Gardens, Paradise Park, Pony Pines, Timberlake Estates, Ft. Pierce
Gardens, Pine Hollow and Hidden Pines
BACKGROUND:
On October 26, 2015, the Road & Bridge Division was notified by Dunn's Tractor Service that they were
terminating contract C14-11-590 for mowing services in Subdivision #2. Dunn's Tractor Service provided a
$5,000.00 cash performance bond in accordance with the terms of this contract.
The contract was re -bid. On December 9, 2015, submittals to Bid No. 16-008 for Subdivision #2 Mowing
were opened. Five bids were received, 226 companies were notified and 13 bid documents were
distributed.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funds will be made available in account 101002-4110-534000-400 Other Contractual Services.
RECOMMENDATION:
Staff recommends the Board cancel contract C14-11-590 with Dunn's Tractor Service and utilize the funds
from the cash performance bond to offset the cost incurred by the County as a result of the contract
termination. Staff also recommends Board approval to award Bid No. 16-008 for Subdivision #2 Mowing
to the lowest responsive and responsible bidder: DGC Environmental Services, Inc. of Ft. Pierce, FL, and
authorization for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
Packet Pg. 172
8.N.2
Coordination/Signatures
)P 'RAjpi—V n'
,Maerp-Owle�-Uunty Enginee 2/2/2016
A
Heather Young, Asst. County Attorney 2/2/2016
Updated: 2/2/2016 12:28 PM by Christopher Lestrange Page 2
Packet Pg. 173
BOARD OF COUNTY
COMMISSIONERS
BID #16-008 -SUBDIVISION #2 Area Mowing
DUE DATE: December 09, 2015 @ 3:45 PM
COUNTY
F
L O
R I D A
PURCHASING
DEPARTMENT
SUNSHINE LAND
DESIGN
DGC
ENVIRONMENTAL
SERVICES. INC.
TREASURE COAST
LAWNS
TRI-COUNTY
ENTERPRISES,LLC
DUNN'S
TRACTOR
SERVICES
MOWING AND MAINTENANCE
NUMBER OF
CYCLE
FAX: 772-283-8944
FAX: 772-467-9226
FAX: 772-672-4403
FAX: 772-467-0122
FAX: N/A
COST PER - YR. 1
10
$103,920.00
$120,000.00
$134,000.00
$18,261.75
COST PER -YR. 2
10
$103,920.00
$120,000.00
$134,000.00
$191,748.40
COST PER -YR. 3
10
$103,920.00
$120,000.00
$134,000.00
$201,335.80
TOTAL COST FOR 3 YEARS
Withdrew Bid
$311,760.00
$360,000.00
$402,000.00
$411,345.95
NUMBER OF COMPANIES NOTIFIED: 226
NUMBER OF BID DOCUMENTS DISTRIBUTED`: 13
NUMBER OF BIDS RECEIVED: 5
PER DEMANDSTAR.COM
Attach ment8.N.2.a: 16-008 Bid Revised (3293 : Award of Bid No. 16-008 Subdivision #2 Mowing)
DUNN'S TRACTOR SERVICE
1.
VA
COMPLETE SITE PREPARATION - LOT CLEANING * GRADING
�}t GROVE CARE TAKING • MOWING • FILL
COMMERCIAL & RESIDENTIAL
Oct 26 2015
Christopher Lestrange
manager
Road and Bridge
St. Lucie County
2300 Virginia Ave
Ft Pierce Fl 34979
Dear Sir:
For Free Estimate8.N.2.b
HOWARD DUNN, JR.
Owner
office W-464-2711
T am writing this letter with a heavey heart. After 35
years in business DTS will have to terminate our mowing
contract #C14-11-590. We accepted. it on good terms but its
ending up costing us 3 times more than the cost of the
contract for labor.We feel its in the best interest of DTS
to walKaway and hopefully we can depart on good terms
The grass isn't growing right now so the next contractor
should be able to just jump right in. This letter will serve
as ournotice of temination affective immediately. 10/26/15
fi
w d Dun Jr
ner
Packet Pg. 175
8.N.2.c
BOARD OF
COUNTY
COMMISSIONERS
November 6, 2015
Howard Dunn, Jr.
Dunn's Tractor Service
P.O. Box 12905
Fort Pierce, Florida 34954
Dear Mr. Dunn:
PURCHASING
DIVISION
Via Certified Mail/Return Receipt
I am in receipt of your letters dated October 26, 2015 notifying the County that you will
not be fulfilling your contractual obligation for C14-11-589, Subdivision One Area
Mowing and C14-11-590, Subdivision Two Area mowing. As you are aware for each
mowing contract you provided a $5,000.00 performance bond. A performance bond is a
guarantee that a contractor will fulfill his contractual obligation and if at any time during
the contract period, the Contractor does not fulfill their contractual obligation they forfeit
the performance bond.
This letter is an official notification that St. Lucie County will terminate your contracts with
cause and will not be returning the $10,000 in performance bonds. The funds from the
performance bonds will be utilized to offset the cost incurred by the County as a result of
your contract termination,
Please feel free to contact me at (772) 462-3581 should you have any questions.
Sincerely,
Desiree J. Cimino
Purchasing Manager
cc: Management & Budget Director
County Administrator
County Attorney
Public Works Director
Road & Bridge Manager
CHRIS DZADOVSKY Dlsrria No 5 • TOD MO%VERY, Disrricr No 2 • PAULA A_ LF\VS. DisrricT No. 3 • FRANNIE HUTCHINSON D 5rricr No 4 • KIM JOHNSON D,s•ricr Nc 5
Co-unry Adminwroror - Howo�d N Tioro-)
2300 Virginia Avenue • For Pierce, FL 34982-5652 • Phone (772) 462-1700
FAX (772) 462-1704 • TDD (772) 462-1428
web sire: www.srlucieco.org
Packet Pg. 176
8.P.1
ITEM NO. (ID # 3365)
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Ron Roberts, Solid Waste Director
Solid Waste
Bid Waiver - Powerscreen of Florida, Inc.
DATE
02/16/2016
*CONSENT AGENDA\SOLID
WASTE
This piece of equipment is required to conduct the mining of the construction and demolition (C&D)
disposal area to recover metals, wood and dirt for recycling. The additional benefit will be increasing the
airspace and thus the life of the cell, as well as a cost savings by utilizing the recovered fill material as
cover material for Class I garbage in lieu of purchasing the material at $5.50 per cubic yard.
Prior to leasing the Powerscreen system, staff leased equipment from LUBO, USA and had several
operating issues with constant jamming and downtime. Staff researched other companies and found the
Powerscreen system to be the best suited for the C&D mining operation. The Powerscreen system utilizes
an apron feeder versus a finger system screen which continually becomes jammed much more easily than
the Powerscreen system; therefore, the Powerscreen system increases the processed tons per hour which
in turn lowers the cost per ton processing. The Solid Waste Department has leased this piece of
equipment for three months and have had no issues with its operation. We are therefore requesting
Board approval to waive the bid process, based on the lease being a sole source and authorize staff to
continue to lease and/or purchase this piece of equipment.
The purchase price of this piece of equipment is $292,000. One hundred percent (100%) of the first 3
months lease price of $14,000 per month is applied to the purchase; subsequent months are applied to
the cost at eighty percent (80%). Staff would like to continue to lease the equipment for three (3) months
while the equipment is under warranty, evaluate the operating and maintenance costs and then
determine if it is cost effective to purchase the equipment or continue to lease.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Funds will be available in 401-3410-544100-300 Equipment Rental and 401-3410-564000-300 Machinery
and Equipment, through a line -to -line upon BOCC approval.
Packet Pg. 177
8.P.1
RECOMMENDATION:
Staff recommends Board approval of bid waiver and authorization for the Chairman to execute contracts
as approved by the County Attorney for the leasing and purchase of the Powerscreen Warrior 1800 Apron
Feeder.
COMMISSION ACTION:
Coordination/Signatures
Ron Robert Wa ector 2/4/2016
!^
anie 5. McIntyre, C n#y ttorney 2/8/2016
Updated: 2/11/2016 9:35 AM by Anne Browers Page 2
Packet Pg. 178
9.A.1
ITEM NO. ORD-2016-4
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: 03/01/2016
*PUBLIC HEARINGS\COUNTY
ATTORNEY
SUBJECT: Ordinance - Amending Section 7.09.05 of the St. Lucie County Land
Development Code affecting the removal of exotic vegetation in St. Lucie
County, Florida. 2nd Public Hearing (2nd Public Hearing)
BACKGROUND:
Currently, the St. Lucie County Land Development Code requires that the Public Works Director provide
notice to the property owner that a public nuisance exist because of the invasive species and demand the
owner of the property remedy the situation and request a hearing before the Board of County
Commissioners. The proposed changes leave the Category 1 in the latest edition of the Florida Exotic Pest
Plant Council "Most Invasive Species List" as a nuisance, but the section will now be enforced like the
other codes, whereas any hearing would be in front of the St. Lucie County Code Enforcement Board. The
amendment provides for conflicting provisions, severability and applicability, provides for filing with
Department of State, and provides for adoption and codification and effective date. This is the second of
two public hearings.
PREVIOUS ACTION:
January 5, 2016 - The Board granted permission to advertise the "Exotic Vegetation" ordinance for a
public hearing before the Planning & Zoning Commission on January 21, 2016 and two public hearings
before the Board of County Commissioners with dates to be determined.
January 21, 2016 - The Planning & Zoning Commission approved the ordinance for presentation to the
Board of County Commissioners.
February 16, 2016 - The first of two public hearings was held before the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners adopt the proposed ordinance as drafted.
Packet Pg. 179
9.A.1
COMMISSION ACTION:
Coordination/Signatures
anie S. McIntyre, X>,gttorney 1/28/2016
Updated: 2/17/2016 2:44 PM by Shane A. De Witt A Page 2
Packet Pg. 180
9.A.1.a
ORDINANCE
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.09.05
"REMOVAL OF EXOTIC VEGETATION"; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
ADOPTION AND CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determination:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development Code.
2. On , the Local Planning Agency/ Planning and
Zoning Commission held a public hearing on the proposed ordinance
after publishing notice in the Port St. Lucie News and the Tribune at least
10 days prior to the hearing and recommended that the proposed
ordinance be approved.
4. On , this Board held its first public hearing on
the proposed ordinance, after publishing a notice of such hearing in
the Port St. Lucie News and the Tribune on
5. On , this Board held its second public hearing
on the proposed ordinance, after publishing a notice of such hearing in
the Port St. Lucie News and the Tribune on
6. The proposed amendments to the St. Lucie County Land Development
Code are consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan and are in the
best interest of the health safety and public welfare of the citizens of
St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
9_1.49:tal MIa10-11►Ti141LLolkyil401CIR Lem 9:taltW1111,111114LaweL 01UPT"t•Iauta>•yt41•I]A
TO READ AS FOLLOWS, INCLUDE:
1
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Struck through passages are deleted
Packet Pg. 181
9.A.1.a
7.09.00 LANDSCAPING AND SCREENING
7.09.05 REMOVAL OF EXOTIC VEGETATION
A. General
1. Any developer submitting a site plan for site plan approval or in
conjunction with a Conditional Use Permit, Planned Unit Development,
Planned Non -Residential Development, or Planned Mixed Use
Development shall be required to remove, and chemically treat any
remaining stumps, of all of the exotic vegetation listed as a "Category I" in
the latest edition of the Florida Exotic Pest Plant Councils "Meat List of
Invasive Species-L�st."
2. No person shall plant or cause to be planted or permit to be planted,
anywhere within the area of unincorporated St. Lucie County, any species
listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant
Councils " Mest List of Invasive Species-4&t."
B. Exotic Pest Plants; Maintenance and Removal.
1. Nuisances declared and prohibited
a. It is found and declared to be expedient and necessary to the
preservation of the public health, comfort, safety and welfare of
the inhabitants of St. Lucie County that all lots in recorded
subdivisions of St. Lucie County, outside of municipalities, be
required to be kept free from any species listed as a "Category I" in
the latest edition of the Florida Exotic Pest Plant Councils "MestList
of Invasive Species," which, by reason of height, proximity to
neighboring structures, physical condition, or other peculiar
characteristics, might cause damage to life or property within the
immediate area surrounding the same. The existence of vegetation
which create a hazard is declared to be a public nuisance. Erosion
control measures or reseeding of the area from which the exotic
vegetation was removed may be required.
b. No person shall plant or cause to be planted or permit to be
planted, anywhere within recorded subdivisions of unincorporated
St. Lucie County, any species listed as "Category I" in the latest
edition of the Florida Exotic Pest Plant Councils West List of
Invasive Species�+st."
2
Underlined passages are added. StFuek thFeuigh passages are deleted
Packet Pg. 182
9.A.1.a
C. Existing individual AustFalian pine nd/eF BFazilian r F tFe s
species listed as "Category 1" in the latest edition of the Florida
Exotic Pest Plant Council's "List of Invasive Species--L+st"
located within recorded subdivisions of unincorporated St. Lucie
County shall be maintained at a height not to exceed the distance
between the tree and the nearest property line, minus ten (10)
feet. The existence of any such trees is hereby declared to be a
public nuisance.
.
1 MOWN`
BI�IA1M11
Underlined passages are added.
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Packet Pg. 183
9.A.1.a
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Packet Pg. 184
9.A.1.a
1111 IN!
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Packet Pg. 185
9.A.1.a
e�Ee e�� ,
PART B. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee,
Florida 32304.
PART C. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART D. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman XXX
Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PART E. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intentions; provided, however, that parts B through E shall not be codified.
PASSED AND DULY ADOPTED this
ATTEST:
day of 12016
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
6
Underlined passages are added. StFuek thFeuigh passages are deleted
Packet Pg. 186
9.B.1
ITEM NO. ORD-2016-3
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
CIIRIFrT-
BACKGROUND:
DATE: 02/16/2016
*PUBLIC HEARINGS\PLANNING
& DEVELOPMENT SERVICES
Britton Wilson, Comprehensive Planning Coordinator
Planning Division
Annual Update to the Comprehensive Plan, Capital Improvements Element
(CIE) for FY 2015/16 - FY 2019/20
In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County
Comprehensive Plan, including the Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(b), F.S.
requires an annual update to the Capital Improvements Element.
The procedure for updating the CIE is through a Comprehensive Plan text amendment that requires only
one adoption public hearing by the Board of County Commissioners. Recent amendments to the Growth
Management Act did not change the requirement for local governments to annually update their CIE.
The attached staff report contains data and analysis supporting the proposed update to the CIE, identified
within the schedule of capital projects located in part four (page 4) of exhibit A in the attached Ordinance.
PREVIOUS ACTION:
February 17, 2015 - Board adopted Ordinance No. 15-004 amending the Comprehensive Plan Capital
Improvements Element for FY 2014-15 to FY 2018-19 as required by Florida Statutes.
December 17, 2013 - BOCC adopted Ordinance No. 13-046 amending the Comprehensive Plan Capital
Improvements Element for FY 2013-14 - FY 2017-18 as required by Florida Statutes.
February 19, 2013 - BOCC adopted Ordinance No. 12-009 amending the Comprehensive Plan Capital
Improvements Element for FY 2012-13 - FY 2016-17 as required by Florida Statutes.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board adoption of the annual update to the Capital Improvement Element (CIE) for FY
2015/16 - FY 2019/20.
Packet Pg. 187
9.B.1
COMMISSION ACTION:
Coordination/Signatures
Weon, Manager 1/27/2016
•
Heather Young, Asst. County Attorney 2%2/2016
Johnson, Di ri No. `, Chairm n 2/16/2016
Updated: 2/2/2016 2:09 PM by Britton Wilson Page 2
Packet Pg. 188
9.B.1.a
Planning and Development Services
J*1.L Department
COUNTY
+ MEMORANDUM
TO: Board of County Commissioners
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
FROM: Britton Wilson, AICP, Comprehensive Planning Coordinate''
DATE: February 16, 2016
SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE)
for FY 2015/16 — FY 2019/20
Purpose of the CIE Annual Update:
The Capital Improvements Element (CIE) annual update for FY 2015/16 — FY 2019/20 represents the
County's amendment to the capital project schedule of the currently adopted CIE including the addition
of the new fifth year (FY 2019/20). The amended schedule includes projects that are needed to meet
future demands of development in accordance with Section 163.3202 (2)(g), Florida Statutes. Recent
amendments to the Growth Management Act did not change the requirement for local governments to
annually update their CIE.
This CIE update contains the 5-year schedule of capital improvements necessary to maintain the
adopted level of service for the concurrency related public facilities identified within the St. Lucie County
Comprehensive Plan. These facilities include: drainage (stormwater management), potable water,
sanitary sewer, solid waste, parks and recreation, transportation and schools. The School Board's 5-
year Work Plan is adopted by reference per Policy 9.1.1.24 and is not included here.
The purpose of this Element is to identify the need for and program the provisions of necessary public
facilities at the time that those facilities are needed. The process in developing the CIE demonstrates
that a reasonable, measurable, affordable plan to reduce, eliminate or prevent facility deficiencies within
the specified time frame has been established. The costs for projects may be paid for or contracted for
in phases which are required to meet the adopted level of service standards as provided for within the
Comprehensive Plan.
This CIE annual update reflects a subset of the County's five-year Capital Improvements Plan (CIP) for
the FY 2015/16 — FY 2019/20 timeframe. A statement of financial feasibility is demonstrated through
the identification of both committed revenue and planned revenue anticipated to undertake project
expenditures as shown within the five-year schedule.
The Capital Improvements Element is required to be updated annually to reflect the project
improvements necessary to ensure adequate capacity and concurrence with new development in
consideration of the new fifth (5th) year of the capital improvement program. In addition, the
improvement schedule for each Element also includes projects which may reduce existing deficiencies,
provide for necessary replacement and meet future demand.
Packet Pg. 189
9.B.1.a
Board of County Commissioners
Annual CIE Update
February 16, 2016
Page 2 of 6
Adopted Goals and Objectives
The following goals and objectives were adopted as part of the Comprehensive Plan's Capital
Improvement Element in 2010 during the Evaluation and Appraisal Report (EAR) based amendments
and are used in the preparation of the FY 2015/16 — FY 2019/20 CIE Update.
Goal 9.1: To provide public facilities necessary to achieve and maintain adopted level of service
standards concurrent with demand through fiscally sound capital improvement programming
and budgeting.
Objective 9.1.1: Define types of facilities, establish standards for level of service for each type
of public facility, and determine what capital improvements are needed in order to achieve and
maintain standards (as well as repair or replace existing public facilities).
Objective 9.1.3: Within the County's financial capability, provide needed capital improvements
for repair or replacement of obsolete or worn out facilities, eliminating existing deficiencies, and
meeting the needs of future development and redevelopment caused by previously issued and
new development orders.
Relationship to Other Elements
The Capital Improvements Element update provides a summary of the needed capital facilities during
the next five years as identified in the other Elements of the Comprehensive Plan. This includes those
projects necessary to correct existing level of service deficiencies while providing for future needs.
Deficiencies were determined by comparing the LOS of current facilities to the adopted level of service
standards. Goal 9.1 and Objective 9.1.1 of the CIE serve as a basis for ensuring concurrence between
the level of service with each Element and the required programming of projects within the CIE Update.
Background Data
Population Estimates (Countywide):
The population estimate for year 2015 is based upon data compiled by the 2010 U.S. Census and the
University of Florida's Bureau of Economic and Business Research (BEBR).
Estimates
Year 2015:
286,216
Year 2020:
323,184
Year 2025:
359,807
Year 2030:
394,623
Year 2035:
426,133
Year 2040:
455,371
De Minimus Impacts Report
A summary of new residential and non-residential building construction permits for 2014-2015 fiscal
year is provided below. Each residential development represents a de minimus (below maximum
service volume) impact upon the roadway network. Concurrency mitigation was not required for any of
the non-residential developments. Development did not impact roadway facilities that were operating
above the 100% maximum service volume and, therefore, the impacts are de minimus in accordance
with Section 163.3180(6), F.S.
Packet Pg. 190
9.B.1.a
Board of County Commissioners
Annual CIE Update
February 16, 2016
Page 3 of 6
Year
Month
Single Family Permits
Commercial Permits
2014
November
4
0
2014
December
13
0
2015
January
3
0
2015
February
4
0
2015
March
6
0
2015
April
4
0
2015
May
8
0
2015
June
24
1
2015
July
10
0
2015
August
29
0
2015
September
15
0
2015
October
8
0
Analysis of Needs
The determination of facility needs within each Element considers the level of service, required repairs
or renovations that reflect new system capacity, and new growth demands for projects. A relative priority
of need among facility types has been indicated through the extent of improvements scheduled within
this CIE update.
Due to recent reductions in local ad -valorem tax revenues based upon the passage of the voter
approved State Amendment #1 (also known as the "Portability of Save Our Homes") in January 2008
together with reductions in sales tax, it will be more difficult to fund capital projects using local
resources. Sufficient funding needed to implement transportation improvements to sustain level of
service on the roadway network during the FY 2015/16 — FY 2019/20 timeframe will be compromised.
Reductions in motor fuel tax receipts will also affect the programming of transportation projects. As
such, roadway projects have been prioritized in consideration of available funding.
The County will continue to take advantage of non -local revenue sources when available as earmarked
for specific capacity enhancements, new facilities, and repairs and renovations. Projects funded and
programmed within the CIE are consistent with and support the Future Land Use Element as well as
Goal 9.1, Objective 9.1.1, and Objective 9.1.3 of the Capital Improvements Element.
The projects summarized in the Schedule of Capital Improvements have been previously identified in
the following Elements within the adopted St. Lucie County Comprehensive Plan: drainage, potable
water, sanitary sewer, solid waste, parks & recreation, transportation and schools. Each project has
been prioritized in consideration of available 5-year funding. The analysis of needs for each Element
is summarized below.
Drainage: The drainage improvement needs as identified and prioritized within the CIE schedule are
determined through an analysis of the required storm -water management resources necessary to
maintain a 10 year/24 hour storm event within adjacent primary basin and outfall areas. This analysis
is consistent with the County's involvement in maintaining National Pollutant Discharge and Elimination
System (NPDES) standards administered by the United States Environmental Protection Agency (EPA)
and the State Department of Environmental Protection (FDEP), which is directly linked to the impacts
of land development activity upon the adjacent surface water system. As shown on the project schedule
for drainage, the County is emphasizing project funding for capacity improvements for Platts Creek
Preserve, Indian River Estates and White City.
Packet Pg. 191
9.B.1.a
Board of County Commissioners
Annual CIE Update
February 16, 2016
Page 4 of 6
Potable Water. The improvement needs for potable water are consistent with the 10-Year Water Supply
Facilities Work Plan for St. Lucie County in concurrence with the South Florida Water Management
District. The analysis for potable water demand is based upon the need to provide 110 gallons per
capita/per day of capacity in consideration of population growth. As shown on the project schedule for
potable water, the County is emphasizing project funding for capacity improvements related to the North
County service area.
Sanitary Sewer. The improvement needs for sanitary sewer considers the 10-Year Water Supply
Facilities Work Plan for St. Lucie County. The demand for each project directly correlates to the need
to provide 100 gallons per capita/per day of capacity for each Equivalent Dwelling Units (EDU). As
shown on the project schedule for sanitary sewer, the County is emphasizing project funding for
capacity improvements related to the North County service area.
Solid Waste: The existing Solid Waste Baling and Recycling Facility has sufficient capacity to meet the
7.9 pounds per capita / per day demand over the next five years. As shown on the project schedule for
solid waste, the County is budgeted for the Landfill Phase 4 Cell Construction. The recent completion
of the Single Stream Recyclables Processing Facility will increase the County recycling rate and
contribute to fulfilling Florida's recycling goal of 75 percent by 2020. Increasing the recycling rate will
effectively extend the life of the landfill.
Parks and Recreation: Currently the County is required to provide a minimum level of service standard
of 2.5 acres of regional park land area for every 1,000 residents. The analysis needs to take into
consideration the parkland area (in acres) available for both active and passive recreational activities.
As such, many of the projects within the County's capital improvements program shown on the project
schedule include the expansion of recreation opportunities at existing parks and recreational facilities.
Park impact fees are intended primarily to provide adequate capital facilities and equipment for existing
regional parks.
Transportation: The analysis of needs for roadways is tied to the adopted peak hour/direction level of
service "E" standard for county roads and a peak hour/direction level of service "Y standard for state
roads as set by the Florida Department of Transportation. Traffic count data is collected annually at
select locations and used in the County's roadway level of service analysis. Both Midway and Indrio
Roads are scheduled for significant improvements funded by the County and FDOT.
Mass transit improvement needs are based upon ridership data and headway times for the current year
and five year forecast as determined by Council on Aging of St. Lucie County Inc. /Community Transit.
Typically there is limited annual funding available to the transit authority through ridership fares,
therefore, mass transit is dependent upon state and federal funding for capital improvements such as
the acquisition of buses. All line items shown on project schedule for transit are state and federally
funded.
Schools: The analysis of needs for school facilities uses a 100% capacity for all schools level of service
standard required by the Florida Department of Education. This includes an analysis of current student
enrollments at each school and a review of total facility classroom space district -wide divided by the
number of students that attend schools within the district. Projects are no longer being identified within
the schedule; instead the County is adopting the St. Lucie County School District's 5-Year Work
Program by reference per Policy 9.1.1.24.
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9.B.1.a
Board of County Commissioners
Annual CIE Update
February 16, 2016
Page 5 of 6
Financial Feasibility
St. Lucie County has prepared this CIE annual update as a demonstration of financial feasibility for its
adopted five-year capital improvements plan and to provide assurance of available revenue through
committed and planned sources to implement the schedule of capital improvements.
This update is being transmitted to State Department of Economic Opportunity (formerly known as the
Department of Community Affairs) in accordance with Section 163.3177 (3)(a), F.S., which requires
that "projects necessary to ensure that any adopted level -of -service standards are achieved and
maintained for the 5-year period must be identified as either funded or unfunded." Sufficient revenue
has been committed in the first three years to provide for the expenditure of project funding during FY
15/16 — 17/18. Funding for FY 18/19 — 19/20 includes both committed and planned revenues. Funds
allocated to specific projects in the Capital Improvements Plan remain allocated to that project until
completed or until reallocated through Board action and approval. Depending on the availability of
funds, the nature and size of the project, and specific policies of the Board, capital projects are funded
partially or wholly by a variety of revenue sources such as ad valorem revenues, franchise fees, half -
cent sales tax, grants, donations or contributions from private sources, impact fees, special
assessments, gas taxes and debt financing.
Committed Years 1-3 (FY 15/16 — 17/18) - funding under the first three years of the CIE represents the
funding that is committed and currently available from specific funding sources and is included as part
of the first three years of the St. Lucie County Capital Improvement Plan (CIP) or the State's Five Year
Work Program.
Committed and/or Planned Years 4-5 (FY 18/19 — 19/20) - funding during years four through five
represents both committed (currently available and programmed) funding and/or planned funding
(currently not available but will be committed once the specific revenue source has been secured during
the five years of this CIE update).
Each capital project identified within this CIE shall have a minimum cost of $25,000. However, most of
the capital project costs that add system capacity from new development demand will exceed $50,000
based upon current day costs. A public facilities capital improvement may include design and land
acquisition as part of the total project construction cost. The adopted County Capital Improvements
Plan (CIP) and State DOT Work Program representing FY 2015/16 — FY 2019/20 may contain non -
capacity enhancing projects necessary for the continuation of on -going infrastructure priorities. As such,
there is not an equivalent total project cost comparison between the CIE, CIP and State DOT Work
Program.
Revenue Sources
St. Lucie County shall use the following revenue sources in order to meet the demands for projects
identified within each facility Element:
• ad valorem taxes
• impact fees
• utility connection fees and user rates
• state revenue sharing
• one-half cent sales tax
• franchise fees
• gas taxes (constitutional gas tax, local option gas tax, county gas tax, motor fuel rebate)
• state and federal revenues
• bond proceeds
• MSBU and MSTU
Packet Pg. 193
9.B.1.a
Board of County Commissioners
Annual CIE Update
February 16, 2016
Page 6 of 6
State and federal revenue sources for transportation improvements and mass transit include the state
transportation trust fund, state Transportation Regional Incentive Program (TRIP) funds, the Federal
Highway Administration (FHWA) highway trust fund, and Federal Transit Administration (FTA) trust
funds.
Public Facilities Level of Service for Required Elements
A summary of the level of service for each Element identified within the adopted St. Lucie County
Comprehensive Plan is provided below. The list of projects identified in the Schedule of Capital
Improvements depicts those projects that will need additional capacity (exceeds or will exceed the
acceptable level of service standard) as a result of future growth sometime during the FY 2015/16 — FY
2019/20 time frame.
Level of Service Table
Public Facility
Level of Service
Service Area
Drainage
10 year/24 hour storm event
Countywide, by basin
Potable Water
110 gallons per capita per day
Unincorporated areas
Sanitary Sewer
100 gallons per capita per day
Unincorporated areas
Solid Waste
7.9 pounds per capita per day at landfill
Countywide
Parks & Recreation
2.5 acres of regional park/1,000 population
Unincorporated areas
Transportation
Local collectors = D peak hour/direction
Countywide
County arterials = E peak hour/direction
Countywide
State roads = D peak hour/direction
Countywide
Mass Transit = < 30 minute headways
Countywide
Schools
100% of program capacity for all schools;
Countywide
90% of FISH capacity for Title 1 schools
Level of Service Achieved or Maintained
The level of service standard adopted by the County for each Element will be maintained or achieved
during FY 2014/15 — FY 2018/19 through the capital improvements committed and/or planned for in
this Update. Each project will ensure that the minimum level of service standard required to achieve
concurrency and financial feasibility will be met.
Summary of Capital Improvement Protects
The capital improvements depicted within the schedule of capital projects (in part four of exhibit A in
the attached Ordinance) will maintain the adopted level of service standards for the following Elements:
drainage, potable water, sanitary sewer, solid waste, parks and recreation, and transportation. A capital
facility within the schedule may become deficient anytime during the five-year time frame of this annual
update prior to implementation of the improvement.
Summary of Capital Expenditures
A summary of the total project expenditures for all of the capital projects identified within this CIE update
are shown in table 9-8 of exhibit A in the attached Ordinance. The expenditures are funded through
various local, state and federal revenue sources as shown in the schedule of capital improvements in
part four of exhibit A in the attached Ordinance.
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9.B.1.b
ORDINANCE 16-OOX
Annual update to the Capital Improvements Element FY2015/16 through FY2019/20
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN, IN
ACCORDANCE WITH THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS
ELEMENT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING
FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR
FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.
WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing
process; and
WHEREAS, the Board of County Commissioners has adopted the St. Lucie County
Comprehensive Plan, Ordinance No. 90-01 on January 9, 1990; and
WHEREAS, the Board of County Commissioners has adopted Evaluation and Appraisal Report -
based Amendments to the St. Lucie County Comprehensive Plan, Ordinance No. 10-20 on
October 10, 2010; and
WHEREAS, the Board of County Commissioners has followed the procedures set forth in Section
163.3177(3)(b), Florida Statutes, stating that amendments to the Capital Improvements Element
shall require only a single public hearing before the governing board which shall be an adoption
hearing. Such amendments are not subject to the requirements of Section 163.3184; and
WHEREAS, on February 16, 2016, the Board held a public hearing with all required public notice
for the purposes of hearing and considering the recommendations and comments of the general
public prior to final action on the Comprehensive Plan amendments set forth herein; and
WHEREAS, the Board of County Commissioners has determined that the proposed amendments
are consistent with the state, regional and County Comprehensive Plans; and
WHEREAS, the Capital Improvements Element must identify committed and planned revenues for
capital improvements during the fiscal years 2015/16 through 2019/20 that will ensure adequate
capacity based upon the demands of future growth; and
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
A. ADOPTION OF THE AMENDMENTS
The Board of County Commissioners does hereby adopt the annual amendments to the Capital
Improvements Element of the St. Lucie County Comprehensive Plan, attached here as Exhibit A.
B. CHANGES TO THE COMPREHENSIVE PLAN
The Board of County Commissioners does hereby state its intention to amend the text of the St.
Lucie County Comprehensive Plan in accordance with the annual amendments to the Capital
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9.B.1.b
Ordinance No. 16-OOX
Annual CIE Update 2015/16 to 2019/20
Page 2
Improvements Element.
C. 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.
D. SEVERABILITY
If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this
Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
E. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraphs A and B.
F. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of
Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
G. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY
The Planning and Development Services Director shall within 10 working days send a certified
copy of this Ordinance to the Department of Economic Opportunity, the Treasure Coast Regional
Planning Council, and other agencies in accordance with Section 163.3184, Florida Statutes.
H. EFFECTIVE DATE
This Ordinance shall take effect thirty-one (31) days after adoption. The Ordinance may be
challenged within thirty-one (31) days after the state land planning agency notifies the local
government that the plan amendment package is complete. If timely challenged, this amendment
shall become effective on the date the state land planning agency or the Administration
Commission enters a final order determining this adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective by adoption
of a resolution affirming its effective status, a copy of which resolution shall be sent to the state
land planning agency.
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9.B.1.b
Ordinance No. 16-OOX
Annual CIE Update 2015/16 to 2019/20
Page 3
I. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Kim Johnson, Chairman XXX
Chris Dzadovsky, Vice -Chairman XXX
Tod Mowery, Commissioner XXX
Frannie Hutchinson, Commissioner XXX
Paula Lewis, Commissioner XXX
J. CODIFICATION
Exhibit A of this ordinance shall be incorporated in the St. Lucie County Comprehensive Plan which
may be re -numbered or re -lettered to accomplish such intention.
PASSED AND DULY ADOPTED this 161" 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
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9.B.1.b
Ordinance No. 16-OOX
Annual CIE Update 2015/16 to 2019/20
Page 4
Exhibit "A"
ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT
FY 2015/16 THROUGH FY 2019/20
Updates to the Capital Improvements Element of the Comprehensive Plan are as follows:
1. Updates to the text of the data and analysis section to change references of "FY 2014/15 -
FY 2018/19 update" to the current "FY 2015/16 - FY 2019/20 update."
2. Update to Table 9-8 Expenditure Projections:
Expenditures
ELEMENT
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
TOTAL
Drainage
$
10,480,747
$
4,775,000
$
475,000
$
250,000
$
250,000
$
16,230,747
P. Water
$
500,000
$
100,000
$
210,000
$
13,445,000
$
15,710,000
$
29,965,000
S. Sewer
$
919,000
$
369,000
$
382,000
$
17,477,000
$
10,349,000
$
29,496,000
Solid Waste
$
5,000,000
$
-
$
-
$
-
$
-
$
5,000,000
Parks & Rec
$
1,404,197
$
-
$
-
$
-
$
$
1,404,197
County Rds
$
24,711,847
$
10,400,000
$
1,150,000
$
1,150,000
$
$
37,411,847
Airport
$
8,281,127
$
307,800
$
229,000
$
-
$
$
8,817,927
Port
$
7,645,569
$
-
$
-
$
-
$
$
7,645,569
State Roads
$
22,780,060
$
47,685,958
$
31,673,852
$
6,799,171
$
45,634,470
$
154,573,511
Mass Transit
$
4,187,249
$
4,231,743
$
4,243,261
$
7,290,482
$
6,796,648
$
26,749,383
Total
$
85,909,796
$
67,869,501
$
38,363,113
$
46,411,653
$
78,740,118
$
317,294,181
3. Update to the Schedule of Capital Improvements for FY 2015/16 - FY 2019/20:
Potable Water
Project #
Project Title FY 2016
FY 2017 FY 2018
FY 2019
FY 2020
TOTAL
3600-35106
Range Line Road Water Main Interconnect
$ 250,000
$ 250,000
3600-35210
N. County Deep Injection Well
$ 70,000
$ 7,000,000
$ 7,070,000
3600-35211
N. County Aquifer Wells $ 400,000
$ 1,000,000
$ 700,000
$ 2,100,000
3600-3616
N. County Water Treatment Plant
$ 7,000,000
$ 6,250,000
$ 13,250,000
3600-3634
1 Million Gallon Tank@Fairgrounds
$ 500,000
$ 1,300,000
$ 1,800,000
3600-113604
Brine Line at Holiday Pines
$ 225,000
$ 225,000
3600-3914
Holiday Pines Water Plant Expansion
$ 950,000
$ 950,000
3600-133623
NC Water Line Extensions $ 100,000 $
100,000 $ 100,000
$ 100,000
$ 100,000
$ 500,000
3600-153602
Taylor Dairy Rd. Chloramines Booster Station
$ 110,000
$ 110,000
3600-153603
US1 Water Main in SLCU Service Area
$ 1,800,000
$ 1,800,000
3602-3638
N. Hutch. 1 Million Gallon Tank
$ 1,800,000
$ 1,800,000
3602-153601
NHI Chloramines Booster Station
$ 110,000
$ 110,000
Total $ 500,000 $
100,000 $ 210,000
$ 13,445,000
$ 15,710,000
$ 29,965,000
Sari/tart/ Sewer
3600-3615
N. County Wastewater Plant
$
8,750,000
$ 8,000,000
$ 16,750,000
3600-133623
N. County WW Main Extension $ 100,000
$ 100,000
$ 100,000
$
100,000
$ 100,000
$ 500,000
3602-3639
N. Hutchinson Force Main Expansion
$
300,000
$ 300,000
3600-163602
Central County Wastewater Treatment P $ 150,000
$
4,550,000
$ 4,700,000
3602-153605
NHI Septic Removal Project $ 440,000
$
3,500,000
$ 2,000,000
$ 5,940,000
3602-133624
NHI Clarifier Rebuild
$ 30,000
$ 30,000
$
30,000
$ 90,000
3600-362027
N. County Lift Station Improvements $ 54,000
$ 54,000
$ 54,000
$
54,000
$ 54,000
$ 270,000
3601-362027
HEW Lift Station Improvements $ 25,000
$ 25,000
$ 25,000
$
25,000
$ 25,000
$ 125,000
3602-362027
N. Hutchinson Lift Station Improvements $ 25,000
$ 25,000
$ 25,000
$
25,000
$ 25,000
$ 125,000
3603-362027
Airport Lift Station Improvements $ 25,000
$ 25,000
$ 25,000
$
25,000
$ 25,000
$ 125,000
3510-300 R&R
SHI Wastewater Plant Improvements $ 100,000
$ 60,000
$ 73,000
$
68,000
$ 70,000
$ 371,000
3510-300 R&R
SHI Wastewater Infrastructure Improvem $ -
$ 50,000
$ 50,000
$
50,000
$ 50,000
$ 200,000
Total $ 919,000 $ 369,000 $ 382,000 $ 17,477,000 $ 10,349,000 $ 29,496,000
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9.B.1.b
Ordinance No. 16-OOX
Annual CIE Update 2015/16 to 2019/20
Page 5
IProiect # Proiect Title FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total I
430 Emergency/Unanticipated Culverts
1905 Ft. Pierce Blvd @ Seminole Canal (2011)
133602 Oleander Ave Parallel Culvert
156,558
326,777
$ 250,000 $ 250,000 $ 250,000 $ 250,000
$ 225,000
124604
Orange Avenue @ NSLRWCD Canal 54 (Pulizer)
$ 35,428
$ 800,000
123604
Orange Ave @ NSLRWCD C411 Culvert (Rock Rd)
$ 1,200,000
$ 1,800,000
1905
South Header Canal Road @ NSLRWCD Canal 75 (2013)
$ 225,000
144608
Sneed Road @ NSLRWCD Canal 64 (2008)
$ 225,000
$ 225,000
1905
Sneed Road @ NSLRWCD Canal 67 (2008)
$ 225,000
$ 225,000
144606
Sneed Road @ NSLRWCD C73
$ 246,650
133601
Angle Rd & Canal #03 Culvert
$ 50,000
$ 250,000
093600
Indian River Ests Drainage Phase II
$ 2,582,385
143602
Indian River Ests Drainage Phase III
$ 150,000
133606
Paradise Park Phase 4
$ 200,000
$ 800,000
103608
Paradise Park Drainage -Phase 5
$ 1,170,298
3112
Platts Creek Preserve
$ 369,594
123600
Melville Rd Stormwater Master Plan
$ 146,842
133621
White City Drainage Citrus & Saeger Phase 1
$ 875,373
133605
Harmony Heights Phase 1
$ 56,969
$ 200,000
123606
Verada Ditch Phase II
$ 2,463,873
TOTAL:
$ 10,480,747
$ 4,775,000 $ 475,000 $ 250,000 $ 250,000
The funding amount programmed may not represent the total construction cost
for each project.
Site development
related proportionate fair share eligibility will be made by the
County during
the site development application process.
Transportation -County Roads
$ 156,558
$ 1,000,000
$ 225,000
$ 326,777
$ 835,428
$ 3,000,000
$ 225,000
$ 450,000
$ 450,000
$ 246,650
$ 300,000
$ 2,582,385
$ 150,000
$ 1,000,000
$ 1,170,298
$ 369,594
$ 146,842
$ 875,373
$ 256,969
$ 2,463,873
$ 16,230,747
IProject # Project Title
FY 2016
FY 2017 FY 2018 FY 2019 FY 2020
Total
4118 Midway Rd (Selvitz Rd - 25th St)
$ 20,686,439
$ 20,686,439
114604 Midway Rd -Glades Cutoff/Selvitz Rd (PD&E & Design)
$ 1,844,672
$ 2,400,000 $ 1,150,000 $ 1,150,000
$ 6,544,672
4164 Glades Rd & Selvitz (Prod Dev &Env Study)
$ 156,558
$ 156,558
41003 Jenkins Rd (End Wal-Mart to Edwards)
$ 120,511
$ 120,511
114603 Lennard Rd-PSL High to Bromeliad Cr
$ 552,297
$ 552,297
44001 Kings Hwy/Indrio Rd.
$ 25,497
$ 8,000,000
$ 8,025,497
164602 Kings Highway Widening
$ 150,000
$ 150,000
154604 Whispering Oaks Offsite Improvements
$ 110,000
$ 110,000
144613 Juanita Ave Improv-21st St. Bridge
$ 167,139
$ 167,139
4906 Unincorporated Bike Paths/Sidewalks
$ 327,703
$ 327,703
4922 Indian River Drive (Repair)
$ 571,031
$ 571,031
TOTAL:
$ 24,711,847
$10,400,000 $ 1,150,000 $ 1,150,000 $
$ 37,411,847
*** - funding within the 5 -year timeframe may not represent the total construction cost necessary to implement the project.
Site development related proportionate fair share eligibility will be made by the County during the site development application process.
Transportation -Port of Ft. Pierce
JProject # Project Title FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total
094650 Taylor Creek Dredging Phase II $ 301,392 $ 301,392
46502 N. Entrance To Port of Ft. Pierce $ 7,344,177 $ 7,344,177
TOTAL: $ 7,645,569 $ - $ - $ - $ - $ 7,645,569
Solid Waste
Project # Project Title FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total
153608 Landfill Phase 4 Cell Construction $ 5,000,000 $ 5,000,000
TOTAL: $ 5,000,000 $ - $ - $ - $ - $ 5,000,000
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Ordinance No. 16-OOX
Annual CIE Update 2015/16 to 2019/20
Page 6
Parks & Recreation
Project # Project Title
FY 2016
FY 2017 FY 2018 FY 2019 FY 2020
Total
157606 Golf Course Bldg Fire Sprinkler System $
105,500
$
105,500
7420 Fairgrounds
$
142,000
$
142,000
7670 Indrio Road Recreation Area
$
98,100
$
98,100
127600 John B. Parks Sports Complex - ADA
$
215,437
$
215,437
127601 Pepper Park - ADA
$
50,299
$
50,299
137604 Lincoln Park Recreation Area
$
137,878
$
137,878
147602 Pepper Park/Wildcat Cove Pier
$
232,161
$
232,161
147603 North Causeway Boat Launch Facility
$
247,822
$
247,822
157603 Pepper Park Renovation
$
175,000
$
175,000
TOTAL: $
1,404,197
$ - $ - $ - $ $
1,404,197
Transportation -St- Lucie International Airport
Project # Project Title
FY 2016
FY 2017
FY 2018 FY 2019 FY 2020
Total
094600 Design/Cnstrn Terminal Renovations
$ 256,274
$
256,274
114601 AP Design/Construct Customs Renovation
$ 2,143,007
$
2,143,007
134608 AP Parallel RunwayTaxiway Connector
$ 4,039,846
$
4,039,846
134612 A/P-Sec Cameras/High Mast Lighting
$ 140,000
$
140,000
154600 Design & Construct Airport Access/Service Road
$ 60,000
$
60,000
134600 Microsurface Runway 14/32
$ 258,000
$
258,000
164601 Rehab Taxiway D-1
$ 84,000
$
84,000
TBD Construct Terminal Service Parking
$ 147,800
$
147,800
TBD Noise Operations Monitoring System (NOMS)
$ 160,000
$
160,000
TBD Airfield Lighting and Signage
$100,000 $
100,000
TBD Security Perimeter Fencing and Access Control
$129,000 $
129,000
154603 Airport Security Improvement
$ 100,000
$
100,000
154601 Install and Rehab AP Navaids
$ 700,000
$
700,000
154608 AP-10L/28R S Apron Design and Construction
$ 500,000
$
500,000
TOTAL: $ 8,281,127
$ 307,800
$ 229,000 $ $ $
8,817,927
- FDOT Mass Transit
4U/16/2
block Grant Uperating Assistance
5 1.076,142
S 1.103,962
S 1,140,408
$ 3,320,512
4226814
Park and Ride Lot
$ 4,304,559
S 3,812.949
$ 8,117,508
4137372
PTO Studies for Transit Planning
$ 109,481
$ 115,287
$ 84,523
$ 94,523
$ 92,299
$ 496,113
4134941
Captial Assistance for Fixed Route
$ 2,694,000
$ 2,694,000
$ 2,694,000
$ 2,694,000
$ 2,694,000
$ 13,470,000
4071852
Section 5311 Small Urban/Rural Admin
$ 110,226
$ 121,094
$ 126,930
$ 358,250
4345481
Capital for Fixed Route, Program 16
$ 197,400
$ 197,400
$ 197,400
$ 197,400
$ 197,400
$ 987,000
4071853
St. Lucie County Section 5311 Opperatinf Rural Funds
$ 112,000
$ 112,000
$ 224,000
TOTAL:
$ 4,187,249
$ 4,231,743
$ 4,243,261
$ 7,290,482
$ 6,796,648
$ 26,749,383
Transportation - State Roads and Projects
l Project # Project Title
FY 2016/17
FY 2017118
FY 2018119
FY 2019120
FY 2021
Total
2303384 Indrio Road / SR-614 (add lanes & reconstruct)
$ 2,618,094 $
523,520 $
750,000 $
104,963
$
3,996,577
2302566 King's Highway/ SR-713 (from 800' S of SR-70 to N of Picos Rd)
$ 3,295,448 $
41,157,240 $
4,126,725 $
4,788,696
$
53,368,109
2302567 King's Highway / SR-713 (from N of Picos Rd to N of 1-95 overpass)
$ 1,423,858 $
687,770 $
19,591,820 $
747,308
$
22,450,756
2302568 SR-713/King's Hwt from south of SR-70 to north of Picos Rd
$
136,500
$
44,563,340 $
44,699,840
4241431 King's Highway / SR-713 (ROW acq for turn lanes at intersection)
$ 200,000 $
2,008,966 $
3,064,120
$
5,273,086
4241432 King's Highway/ SR-713 Intersection
$ 3,975,108
$
3,975,108
2314402 Midway Road / CR-712 (widen road frm 251h St/SR-615 to SR-5/US 1)
$ 4,297,935 $
2,254,356 $
2,794,687 $
1,158,204
$
10,505,182
2314403 Midway Road / CR-712 (from Glades Cuttoff to Selvitz)
$ 2,160,000
$
2,160,000
4289841 Okeechobee Road / SR-70 ( widen 0.549 miles, 4lanes, a right turn)
$ 60,000 $
904,106
$
964,106
4323261 SR-615/N 25TH ST from ST. LUCIE BLVD/CR-608 TO US-1/SR-5
$ 2,207,044
$
2,207,044
4383791 SR-713/KINGS HWY from SR-9/1-95 overpass to ST. LUCIE BLVD
$
1,210,000
$
1,210,000
4343601 CR-712A/McCarty Rd. BRDG over 10 Mile Creek, replacement
$ 2,542,573 $
150,000
$
2,692,573
4385431 W. MIDWAY Rd from GLADES to SELVITZ Rd
$
1,071,130 $
1,071,130
TOTAL:
$ 22,780,060 $
47,685,958 $
31,673,852 $
6,799,171 $
45,634,470 $
154,573,511
Packet Pg. 200 1
10.A.1
ITEM NO. RES-2016-24
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: 02/16/2016
*REGULAR AGENDA\COUNTY
ATTORNEY
Resolution - Waste Pro Exclusive Residential Agreement - Fourth
Amendment - Item "A"
On February 19, 2013, the County and Waste Pro executed an amendment to their Exclusive Residential
Collection Service Agreement (Agreement). In the amended Agreement, Waste Pro guaranteed it would
deliver 100 tons per day of recyclable material to the County's recycling facility. This guarantee ensured
that the County would receive a consistent revenue stream to support the County's recycling program.
Deliveries of 100 tons per day generate total revenues of approximately $1,925,000 annually. This sum is
comprised of approximately $1,700,000 in processing fees ($55 per ton) and approximately $250,000 in
baling/handling fees ($8 per ton), based on the County's current rates.
In a separate agreement with the City of Port St. Lucie, Waste Pro guaranteed that it would pay $62,000
per month to the City. This guarantee was based on Waste Pro's expectations about the revenues it
would generate from the sale of the recycled materials, like aluminum cans and mixed paper.
Waste Pro currently is bringing approximately 135 tons per day to the County's recycling facility, thus
exceeding its guarantee by 35 tons per day and increasing the County's revenues. Unfortunately, the
market prices for recyclable materials have fallen significantly from prior levels. Given the current market
conditions, Waste Pro contends that it is losing money, and bringing more than 100 tons per day to the
County is increasing Waste Pro's losses.
Waste Pro would like to reduce its deliveries to the County to 100 tons per day, which would be
consistent with its obligations under the amended Agreement, but would reduce the revenues received
by the Solid Waste Department by approximately $600,000 annually. Reducing Waste Pro's deliveries
also would reduce the revenues received by the City of Port St. Lucie by approximately 50%.
County Staff and Waste Pro are willing to revise the Agreement in light of the current conditions in the
market for recyclable material, based on their expectation that the County could provide short-term
benefits to the Contractor in exchange for potential long-term benefits to the County. Accordingly, the
County Staff has prepared a Fourth Amendment to the Agreement (Fourth Amendment), which is
Packet Pg. 201
10.A.1
attached hereto and submitted for the Board's consideration.
In the Fourth Amendment, Waste Pro guarantees that it will continue to deliver 135 tons per day of
recyclable material to the County's recycling facility. This guarantee would provide approximately
$2,200,000 in processing fees for the County each year, as discussed below. If the Fourth Amendment is
approved by the County and Waste Pro, there would be no reduction in the fees paid to the City of Port
St. Lucie. This approach also would allow the County to offer its recycling facility to other local
governments that wish to use it, as they work to comply with the State of Florida's 75% recycling goal.
In exchange for Waste Pro's guarantee of 135 tons per day, Waste Pro has requested relief from the
County's fees. In the Fourth Amendment, the County would agree to reduce its processing fee by $1.85
per ton and the County would waive its baling fee ($8.00 per ton), if the average market value of the
recyclable material is equal to or less than $92 per ton. The County's normal fees would be paid by Waste
Pro if the average market value of the recyclable material exceeds $92 per ton. In addition, Waste Pro will
share one-half of the revenue it receives from the sale of recyclables, if and to the extent that the average
market value of the recyclable material exceeds $92 per ton. For example, if the average market value of
the recyclable material reaches $100 per ton, the County would receive $4 per ton. [($100.00-$92.00 =
$8.00) x .05 = $4.00]
At present, the calculated value of the recyclable material is approximately $73.56 per ton. It is
impossible to predict accurately whether or when the average market value of the recyclable material will
exceed $92 per ton again. In turn, it is impossible to predict accurately whether the County will share in
the revenues derived from the sale of recyclable material before the Agreement with Waste Pro expires
(September 2019).
The Fourth Amendment also would eliminate Waste Pro's obligation to provide certain informational
materials that promote recycling. Staff believes the elimination of this obligation is not significant
because the County already conducts educational programming and advertising in support of recycling.
Staff believes the Fourth Amendment provides significant economic benefits for the County. If Waste Pro
reduces its deliveries to 100 tons per day, the County's guaranteed revenue will be approximately
$1,925,000. If the County approves the Fourth Amendment, the County's guaranteed revenue will be
approximately $2,200,000, notwithstanding the fact that the County's processing fee will be reduced and
the County's baling/handling fee will be waived. Thus, the Fourth Amendment will generate
approximately $275,000 in additional revenues for the County's recycling program. This amount
($275,000) will increase if the average market value of the recyclable material rises in the future to levels
that exceed $92 per ton.
Attached is a draft resolution which, if adopted, would approve the Fourth Amendment and authorize the
Chairman to sign the Fourth Amendment.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
Updated: 2/10/2016 11:07 AM by Katrina Slay Page 2
Packet Pg. 202
10.A.1
RECOMMENDATION:
Staff recommends that the Board approve the Fourth Amendment by Resolution and authorize the
Chairman to sign the Resolution and Amendment.
COMMISSION ACTION:
Coordination/Signatures
Danie s. McIntyre, C my ttorney 2/8/2016
Johnson, Di V
No. , Chairm n 2/16/2016
Updated: 2/10/2016 11:07 AM by Katrina Slay Page 3
Packet Pg. 203
10.A.1.a
RESOLUTION NO. 16-XXX
A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE
MAY 121 2009 EXCLUSIVE RESIDENTIAL COLLECTION SERVICE
AGREEMENT WITH WASTE PRO OF FLORIDA, INC.; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"),
finds:
1. On May 12, 2009, the County and Waste Pro of Florida, Inc. ("Waste Pro") entered
into an "Exclusive Residential Collection Service Agreement" ("Agreement"), which requires
Waste pro to collect certain Residential Waste and Recyclable Material; and
2. The Agreement was amended on December 20, 2011, February 19, 2013, and May
20, 2014, to more clearly describe Waste Pro's obligations concerning the collection and
management of Recyclable Material; and
3. The County and Waste Pro wish to maximize the delivery of Recyclable Material to
the County Facilities and thus maximize the success of the County's recycling program; and
4. The County and Waste Pro are willing to revise the Agreement in light of the current
conditions in the market for Recyclable Materials, based on their expectation that this Fourth
Amendment will provide short-term benefits to Waste Pro in exchange for long-term benefits to
the County; and
5. The Board of County Commissioners finds that the provisions in the Fourth
Amendment will promote the public health, safety, and welfare, and are in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The Fourth Amendment to Exclusive Residential Collection Service Agreement with
Waste Pro is approved and the Chairman is authorized to sign the Fourth Amendment.
2. This Resolution shall take effect upon adoption.
Chairman Kim Johnson XXX
Vice Chairman Chris Dzadovsky XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
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PASSED AND DULY ADOPTED this day of 12016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
2
County Attorney
Q
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FOURTH AMENDMENT TO
EXCLUSIVE RESIDENTIAL COLLECTION SERVICE AGREEMENT
This "Fourth Amendment to Exclusive Residential Collection Service Agreement" ("Fourth
Amendment") is dated this _ day of , 2016 ("Effective Date"), by and
between St. Lucie County (the "County"), a political subdivision of the state of Florida, and Waste
Pro of Florida, Inc. ("Contractor"), a division of Waste Pro USA, Inc.
RECITALS
WHEREAS, on May 12, 2009, the County and the Contractor entered into an "Exclusive
Residential Collection Service Agreement" ("Agreement"), which requires the Contractor to
collect certain Residential Waste and Recyclable Material; and
WHEREAS, the Agreement was amended on December 20, 2011, February 19, 2013, and
May 20, 2014, to more clearly describe the Contractor's obligations concerning the collection and
management of Recyclable Material; and
WHEREAS, the County and Contractor wish to maximize the delivery of Recyclable
Material to the County Facilities and thus maximize the success of the County's recycling
program; and
WHEREAS, the County and the Contractor are willing to revise the Agreement in light of
the current conditions in the market for Recyclable Material, based on their expectation that this
Fourth Amendment will provide short-term benefits to the Contractor in exchange for long-term
benefits to the County; and
WHEREAS, the Board of County Commissioners finds that the provisions in this Fourth
Amendment will promote the public health, safety, and welfare, and are in the public interest.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the County and the Contractor agree that they shall be bound
by and shall comply with the following provisions of this Fourth Amendment:
1. The County and the Contractor agree that the Recitals set forth above are accurate
and correct.
2. The capitalized words and phrases used in this Fourth Amendment are defined in
the Agreement.
3. In paragraphs 4 through 8, below, additions to the Agreement are shown by
underlining the new text. Deletions from the Agreement are shown with stFike thFe„."�
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4. Section 1.01 (Definitions) of the Agreement is hereby amended to read as follows
SECTION 1.01 DEFINITIONS
As used in this Exclusive Residential Collection Service Agreement, the
following terms shall have the following meanings unless the context hereof
otherwise requires.
"Average Market Value" shall mean the average value of one ton of
Recyclable Material, which shall be determined in the manner described in
Section 4.10, below.
"Fourth Amendment" means the "Fourth Amendment to Exclusive
Residential Collection Service Agreement" between the County and the
Cnntrartnr
"Recyclable Material" means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as
Household Solid Waste....
5. Section 4.07 (Delivery of Recyclable Material to the County Facilities) of the
Agreement is hereby amended to read as follows:
SECTION 4.07 DELIVERY OF RECYCLABLE MATERIAL TO THE
COUNTY FACILITIES
(A) All of the Recyclable Material collected by the Contractor
pursuant to this Agreement shall be delivered to the County's Facilities for
processing. All of the Recyclable Material collected by the Contractor
pursuant to the County's Exclusive Franchise Agreement for Commercial
Waste (dated April 17, 2012), as amended, also shall be delivered to the
County Facilities for processing. Further, the Contractor may deliver to the
County Facilities the Recyclable Material that the Contractor collects in
other communities in Florida, unless the Contractor already is delivering
sufficient quantities of Recyclable Material to satisfy its guarantee in
Section 4.07(B) and the County notifies the Contractor that the County does
not wish to receive additional material.
(B) The Contractor warrants and guarantees that it will deliver at
least twenty-one thousand sixty (21,060) ene hundred (inn) tons of
Recyclable Material to the County Facilities every six (6) months (i.e., an
average of three thousand five hundred ten (3,510) tons each month). eac4
vp "c-FcitFriSday (menthly avcra-S"c-r. ., 6 pip iTa-ncewith r-this -sa aTa-nrcc3rrcr c
2
Packet Pg. 207
10.A.1.b
deter,mine d by diVidiRg (a) the SUP, l,f th., Ce—ptr- eterfs deliveries of
D.,.-Yelable D.4at- ,rO-,I +., the CG Rty PaGilli+EP,S, -,I.,nd-ar P:I n+h by (b) th.,
. ,h.,r r,f days in the RI —nth i AVW -h +he !'.,n+r-,GtGF n vided its
(i.e.,MeRday t#FeYgh Saturn). This guarantee shall apply to the
Contractor's deliveries beginning in March 2016 and all times thereafter
until this Agreement expires or is terminated. This guarantee is a material
inducement to the County's execution of the Fourth Amendment.
Contractor's performance is guaranteed by the Performance Bond or Letter
of Credit pursuant to Section 6.10, below.
(C) If the Contractor fails to deliver twenty-one thousand sixty
(21,060) tons of Recyclable Material to the County Facilities in the six (6)
month period ending in August 2016, the Contractor shall pay a fee
("Shortfall Fee") to the County in an amount equal to the shortfall in the
Contractor's deliveries (measured in tons) multiplied by Fifty -Three Dollars
and Fifteen Cents ($53.15) per ton. The County shall deduct the amount of
the Shortfall Fee from the County's next payment to the Contractor for the
Collection Service the Contractor provides pursuant to this Agreement. For
example, if there is a hypothetical shortfall of fifty (50) tons during the
period from March 2016 through August 2016, the County shall deduct the
Shortfall Fee (i.e., 50 tons x $53.15/ton = $2,657.50) from the County's
payment to the Contractor in September 2016. This same procedure shall
be used every six (6) months thereafter (i.e., March 2017; September 2017;
etc.) to compensate the County if the Contractor fails to deliver the
guaranteed quantify of Recyclable Material.
6. Article IV (Recyclable Material Collection Service) of the Agreement is hereby
amended by adding Sections 4.08, 4.09, 4.10, and 4.11, which shall read as follows:
SECTION 4.08 COUNTY FEES FOR RECYCLABLE MATERIAL
(A) Pursuant to Resolution No. 14-089, the County currently charges
the Contractor Fifty -Five Dollars ($55.00) per ton for processing the single
stream Recyclable Material that the Contractor delivers to the County
Facilities. This charge is based on the weight of the material delivered, as
measured on the in -bound scales at the County Facilities. The County also
charges the Contractor Eight Dollars ($8.00) per ton for baling and handling
the Recyclable Material. This charge is based on the weight of the material
removed from County Facilities, as measured on the out -bound scales. This
baling and handling fee replaced and superseded the fee of Two Dollars Fifty
Cents ($2.50) that was charged to the Contractor pursuant to a prior
amendment (dated December 20, 2011) to this Agreement.
(B) After the Effective Date of the Fourth Amendment, the County
shall charge the Contractor the County's normal fees for Recyclable
3
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10.A.1.b
Material, as described in Section 4.08(A), above, when the Average Market
Value of such Recyclable Material is greater than Ninety -Two Dollars
($92.00) per ton. However, the County shall charge Fifty -Three Dollars
Fifteen Cents ($53.15) per ton for processing the Recyclable Material, and
waive the baling and handling fee for Recyclable Material, for the Contractor
each month when the Average Market Value of such material is less than or
equal to Ninety -Two Dollars ($92.00) per ton.
(C) The County intends to modify Resolution No. 14-089 to
authorize the use of the rates described in Section 4.08(B), above.
SECTION 4.09 REVENUE SHARING
(A) Whenever the Average Market Value of the Recyclable Material
delivered by the Contractor to the County Facilities exceeds Ninety -Two
Dollars ($92.00) per ton, the County shall receive one-half (0.5) of the
amount by which the Average Market Value exceeds this threshold,
multiplied by the number of tons of Recyclable Material delivered to the
County Facilities by the Contractor during the month when the threshold
was passed. For example, if the Average Market Value of the Recyclable
Material in a hypothetical month is One Hundred Dollars ($100.00) per ton,
and the Contractor delivers three thousand five hundred ten (3,510) tons of
Recyclable Material to the County Facilities during that hypothetical month,
the County will receive Fourteen Thousand Four Hundred Dollars ($14,400)
from the Contractor, based on the following calculation: (($100/ton -
$92/ton) x 0.5 = $4/ton) x 3,510 tons = $14,400. The County's share of the
Average Market Value shall be deducted from the County's payments to the
Contractor for the Collection Service provided by the Contractor pursuant
to this Agreement.
(B) The County shall receive no payment under this Section 4.09 if
the Average Market Value of the Recyclable Material is less than or equal to
Ninety -Two Dollars ($92.00) per ton.
Regardless of the fluctuations in the Average Market Value of
the Recyclable Material, the County shall never be required to make any
payment to the Contractor for removing, transporting, marketing, recycling,
or disposing of the Recyclable Material.
4.10 DETERMINING AVERAGE MARKET VALUE
A) Each month the Contractor shall calculate the Average Market
Value of the Recyclable Material it delivered to the County Facilities during
0
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10.A.1.b
the prior month. The Contractor's calculations and supporting documents
shall be provided to the County no later than the tenth day after the month
for which the Average Market Value is being determined. For example, no
later than March 10, 2016, the Contractor shall provide the County with the
Contractor's calculation of the Average Market Value of the Recyclable
Material the Contractor delivered to the County Facilities in February 2016.
(B) Exhibit 1 is attached to the Fourth Amendment. Exhibit 1
identifies the components (e.g., aluminum; mixed paper; bi-metal cans) of
the Recyclable Material that will be considered by the parties when
determining the Average Market Value of the Recyclable Material. Exhibit
1 also identifies the amount of each component (measured as a percentage)
in an average ton of Recyclable Material. These percentages were
established as of the Effective Date of the Fourth Amendment.
(C) The value of the Recyclable Material shall be calculated two (2)
ways each month, as shown on Exhibit 1. The first calculation shall be
performed by using the commodities prices posted on
RecyclingMarkets.net. More specifically, the value of the Recyclable
Material shall be deemed to be equal to the sum of the Southeast USA
regional average commodity prices (measured in U.S. Dollars per ton) that
are first posted in the month for which payment is being made, as reported
in RecyclingMarkets.net, multiplied by the percentages presented in Exhibit
1 for each component of the Recyclable Material. The second calculation
shall be performed in the same manner, but it shall be based on the actual
market prices that the Contractor received when the Contractor sold the
Recyclable Material. Thus, the value of the Recyclable Material will be the
sum of the prices (measured in U.S. Dollars per ton) that the Contractor
received for each component of the Recyclable Material, multiplied by the
percentages presented in Exhibit 1 for each component of the Recyclable
Material. The results of the two (2) calculations shall be compared to each
other. The larger number shall be deemed to be the Average Market Value
of the Recyclable Material for that month.
(D) At any time during the term of this Agreement, if
RecyclingMarkets.net no longer posts or provides the market indices used
to calculate the Average Market Value, the County and Contractor shall
mutually select an appropriate replacement for obtaining the necessary
information. The parties shall select a source of information that
professionals in the recycling industry use to obtain reliable pricing
information concerning Recvclable Material.
(E) As noted above, the second method of calculating the Average
Market Value is based on the prices the Contractor received for each
5
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10.A.1.b
material that the Contractor sold during the month for which payment is
being made. If the Contractor had multiple sales of a material during the
month, the Contractor shall use the average sales price for the material in
question.
4.11 COMPOSITION STUDIES
(A) If the County or Contractor believes the percentages in Exhibit 1
are not representative of the Recyclable Material that the Contractor
delivers to the County Facilities, the County or Contractor may hire a
qualified consulting or engineering firm to conduct a composition study
concerning the Recyclable Material. The party requesting the study shall
pay for the study, unless the parties agree otherwise. The County shall have
the right to approve or reject the proposed methodology for the study and
the proposed consulting or engineering firm. The goal of the parties is to
conduct a robust study and thus ensure that that the results of the study
accurately represent the composition of the Recyclable Material delivered
by the Contractor to the County Facilities. The study results are subject to
the County's review and approval, which shall not be unreasonably withheld
or delayed. If the results are approved by the County, appropriate
adjustments shall be made to the composition percentages shown in Exhibit
1. The adjusted percentages shall be used when calculating the Average
Market Value of the Recyclable Material in the following month and for the
remainder of the term of this Agreement, or until the composition
percentages are further adjusted as a result of a future composition study.
(B) The methods provided herein for determining the Average
Market Value of the Recyclable Material are intended to establish the
approximate value of the Recyclable Material, but the County and
Contractor acknowledge and agree that the methods may not produce an
exact calculation of the actual value. If the revenue received by the
Contractor from the sale of the Recyclable Material differs from the results
of the calculations provided for herein, neither the Contractor nor the
County shall be entitled to receive any other payments or revenues from
one another based on the actual sale or marketing of the Recyclable
Material_
(C) Any and all costs associated with accepting, processing,
marketing, and transporting Recyclable Material from the County Facilities
shall be the sole responsibility of the Contractor.
7. Section 6.20 (Promotional Requirements) of the Agreement is hereby amended
by deleting Subsections 6.20(B), (C), (D), and (E), and thus the Agreement shall read as follows:
0
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10.A.1.b
SECTION 6.20 PROMOTIONAL REQUIREMENTS
�A} The County shall be responsible for the development and
production of promotional material, including but not limited to brochures,
radio advertisements and newspaper advertisements, to introduce the
Residential Waste Collection Service and Recyclable Material Collection
Service. In addition, the County shall develop periodic promotional
programs to encourage increased participation and enhance public
awareness.
N
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.
-- -- -
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7
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10.A.1.b
8. ARTICLE 7 (General Provisions) of the Agreement is hereby amended by adding a
new Section 7.15, which shall read as follows:
SECTION 7.15 SEVERABILITY
Should any provision, paragraph, sentence, word or phrase contained in this
Agreement (as amended) be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable under the laws
of the State of Florida, such provision, paragraph, sentence, word or phrase
shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable, then same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement (as
amended) shall remain unmodified and in full force and effect. This
Agreement shall be construed as if such invalid, illegal. void or
unenforceable provision had never been contained therein.
9. The County and the Contractor agree that all of the provisions of the Agreement,
as amended, shall remain in full force and effect, except as otherwise expressly provided herein.
Among other things, the Contractor's Rates for Collection Services shall remain in effect and shall
not change, except as authorized in the Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
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10.A.1.b
IN WITNESS WHEREOF, the County and the Contractor have made and executed this
Fourth Amendment to Exclusive Residential Collection Service Agreement, as attested to by the
signature of their duly authorized officers or representatives and their official seals affixed
hereon, as of the day and year first above written.
ATTEST:
Deputy Clerk
CONTRACTOR:
WITNESSES:
Signature
Printed Name and Title
day of 2016
Signature
Printed Name and Title
day of 2016
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
[ Ya
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
WASTE PRO OF FLORIDA, INC.
BY:
Signature
Printed Name and Title
_ day of 2016
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10.A.1.b
STATE OF FLORIDA
COUNTY OF ST. LUCIE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , as , of Waste Pro of
Florida, Inc., an organization authorized to do business in the State of Florida, and executed the
foregoing "Fourth Amendment to Exclusive Residential Collection Service Agreement" as the
proper official of Waste Pro of Florida, Inc., for the use and purposes mentioned in it and affixed
the official seal of the corporation, and that the instrument is the act and deed of that
corporation. He/she is personally known to me or has produced as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and
County aforesaid on this day of 2016.
My Commission Expires: NOTARY PUBLIC
10
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EXHIBIT 1
INITIAL COMPOSITION OF RECYCLABLE MATERIAL
AND CALCULATION OF AVERAGE MARKET VALUE
Value
Contractor's
Value with
RM
with
Sales Prices
Contractor's
Material
Price
RM
Sales Prices
Material
Index
%
Per/Ton
Prices
Description
Corrugated
PS II baled,
8.5%
$ 78.00
$6.63
$105
$8.93
containers
F.O.B.
(OCC)
seller's dock
Mixed paper
baled, F.O.B.
46%
$ 43.00
$19.78
$48
$22.08
seller's dock
Steel and bi-
$/Ton,
2.5%
$ 9.00
$0.23
$50
$1.25
metal
sorted,
baled and
delivered
Aluminum
Cents/lb, ,
1.5%
$1,170
$17.55
$1,170
$17.55
cans
baled and
delivered
Mixed Plastics
Commingled
1.5%
$
$0.15
$50
$0.75
#3-7
(#3-7,
10.00
cents/lb,
baled and
picked up)
PET
Cents/lb,
3.5%
$ 156.00
$5.46
$157
$5.50
baled and
picked up
Natural HDPE
Cents/lb,
1.5%
$ 530.00
$7.95
$580
$8.70
baled and
picked up
Colored HDPE
Cents/lb,
2%
$ 335.00
$6.70
$440
$8.80
PIG.
baled and
picked up
Glass (3 Mix)
$/Ton,
25%
$0
$0
$0
$0
delivered
11
Packet Pg. 216
10.A.1.b
Contamination
(Residue)
N/A
8%
$0
$0
$0
$0
Total: 100%
$64.45
$73.56
Notes:
1. The RM Prices are found on RecyclingMarkets.net. The prices to be used are
the first published Regional Average prices for the Southeast USA in the
month for which payment is being made.
2. In this example, the value of the Recyclable Material has been calculated
with the prices obtained from RecyclingMarkets.net and with the
Contractor's sales prices, which produced a higher value. Under the
Agreement, the Average Market Value is be deemed to be the higher value —
i.e., $73.56 in this month.
12
Packet Pg. 217
10.A.2
ITEM NO. RES-2016-25
TO:
DATE: 02/16/2016
AGENDA REQUEST *REGULAR AGENDA\COUNTY
ATTORNEY
Board of County Commissioners
Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Resolution - Amendment to Solid Waste Rate Resolution - Item "B"
BACKGROUND:
On the previous agenda item, staff presented a draft Fourth Amendment to the May 12, 2009 Exclusive
Residential Collection Service Agreement with Waste Pro of Florida, Inc. for Board review. The
background information from the prior agenda item is incorporated into this agenda item by reference.
Also attached is a copy of a proposed solid waste rate resolution which, if adopted, would allow different
rates and charges to be used when those rates and charges are authorized in a contract what the Board
has approved and adopted pursuant to a resolution.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the Resolution and authorize the Chairman to sign the
Resolution.
COMMISSION ACTION:
Packet Pg. 218
10.A.2
Coordination/Signatures
anie SW,� torney 2/8/2016
Johnson, Di it/
No. , Chairm n 2/16/2016
Updated: 2/8/2016 10:51 AM by Stephanie Bush Page 2
Packet Pg. 219
10.A.2.a
RESOLUTION NO. 16-XXX
A RESOLUTION ESTABLISHING CERTAIN FEES, CHARGES, AND
BILLING PROCEDURES CONCERNING THE USE OF THE ST. LUCIE
COUNTY GLADES ROAD LANDFILL AND ASSOCIATED FACILITIES;
PROVIDING FOR DIFFERENT FEES AND CHARGES TO BE USED
WHEN THEY ARE AUTHORIZED BY CONTRACTS THAT HAVE BEEN
APPROVED BY RESOLUTION OF THE BOARD; REPEALING AND
SUPERSEDING RESOLUTION NO. 14-089; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"),
finds:
1. The County owns and operates a solid waste management facility ("Facility")
located at 6120 Glades Cut -Off Road in the City of Fort Pierce, Florida. The County's Facility
includes a Class I landfill, a disposal area for construction and demolition debris, a recycling center,
and related facilities that are used for processing, recycling, and disposing of various types of solid
waste.
2. On June 17, 2014, the Board adopted Resolution No. 14-089, which established
certain "tipping fees" (i.e., disposal fees) and charges that the County will bill and collect for
processing, disposing of, or otherwise managing solid waste and recyclable materials at the
County's Facility. The Board now wishes to amend Resolution No. 14-089 to allow different rates
and charges to be used when such rates and charges are authorized in a contract that the Board
has approved and adopted pursuant to a resolution. For example, the Board wishes to approve
the rates and charges that are authorized in the County's "Fourth Amendment to Exclusive
Residential Collection Service Agreement," which the Board has approved and adopted by
resolution.
3. The fees, charges, and billing procedures established in Section A, below, are
reasonable and appropriate — i.e., the rates fairly compensate the County for the services it
provides when processing, disposing of, or otherwise managing solid waste and recyclable
materials at the County's Facility. The rates, limitations, and other provisions set forth in
Sections A, B, C, D, and E, below, are necessary for the protection of the public health, safety, and
welfare, and thus they in the public interest.
5. This resolution is identical to Resolution 14-089, except for the new provisions that
have been added in Section A.7, below. The new provisions in this section are highlighted with
underlining.
1
Packet Pg. 220
10.A.2.a
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, that the following fees, charges, and other provisions concerning the use of the
County's Facility are hereby approved and adopted:
SECTION A:
1. Minimum fees for disposal of all solid waste.
a. Automobiles and utility vehicles:
Regular fee $2.50 per load
Uncovered/Unsecured $5.00 per load
b. Vans, trucks, including open bed pick-up trucks, trailers:
Regular fee $4.50 per load
Uncovered fee/Unsecured $9.00 per load
C. Recovered screened material $2.50 per load*
NOTE: *To qualify for this rate, the recovered screened material must be generated when
recycling construction and demolition debris and the recovered screened material
must be suitable for use as initial daily cover in the County's Class I landfill, as
determined by the County's Solid Waste Director.
2. Tonnage rates, applicable to all loads in excess of the minimums set forth in
paragraph 1.
a. Class I waste - all solid waste, except: yard waste, construction and
demolition debris, septage, white goods, hazardous waste, tires, special waste and any solid waste
that cannot be disposed of in the County's Landfill under an applicable federal, state or local
regulation:
Regular fee $41.00 per ton
Uncovered fee/Unsecured $82.00 per ton
b. Class III waste - construction and demolition debris, building materials, and
packaging materials:
Regular fee
Uncovered fee/Unsecured
2
$19.00 per ton
$38.00 per ton
Packet Pg. 221
10.A.2.a
C. Yard Waste - vegetative matter resulting from landscaping, yard
maintenance, and land clearing activities:
Regular fee $26.00 per ton
Uncovered fee/Unsecured $52.00 per ton
d. Whole tires:
Minimum fee $0.80 per automobile tires smaller
than 20" rim size for disposal of up to
5 automobile tires
Tonnage rates, applicable for disposal of more than 5 automobile tires (less
than 20" rim size):
Regular fee $ 85.00 per ton
Uncovered fee/Unsecured $170.00 per ton
e. Shredded or salit tires:
Regular fee $51.00 per ton
Uncovered fee/Unsecured $102.00 per ton
f. Large tires: all tires 20" rim size and larger including float tires, truck tires
and off -road tires:
Regular fee $300.00 per ton (No cover required)
g. White goods and other appliances:
Secured fee $2.50 per load
Uncovered/Unsecured fee $5.00 per load
h. Clean Wood:
Regular fee $15.00 per ton
Uncovered fee/Unsecured $30.00 per ton
NOTE: Pressure treated wood and painted wood must be handled as Class I waste.
i. Single Stream Recyclable Materials:
$55.00 per ton
3
Packet Pg. 222
10.A.2.a
NOTE: Single stream recyclable materials will only be accepted (1) from a hauler that has
an exclusive franchise for the collection of the residential waste generated in the
unincorporated areas of the County and (2) when the County's Solid Waste Director
determines it is in the public interest to accept such materials from a person or
entity other than the County's exclusive franchisee.
Source Seaarated Food Waste
$55.00 per ton
NOTE: Source separated food waste will only be accepted from a hauler that has an
exclusive franchise for the collection of the residential waste generated in the
unincorporated areas of the County.
k. Baling and Handling Fee for Recyclables:
$8.00 per ton
This rate only applies to the baling and handling of Recyclable Materials delivered
by a hauler that has an exclusive franchise for the collection of the residential waste generated in
the unincorporated areas of the County.
3. Special Wastes - wastes requiring special handling including but not limited to
ashes, asbestos, and contaminated soils:
Regular fee $ 70.00 per ton
Uncovered fee/Unsecured $140.00 per ton
A minimum one ton fee will be charged for the disposal of all special wastes.
4. Spent fluorescent light bulbs:
$.20 per bulb for St. Lucie County businesses
$.40 per bulb for non -county businesses
5. Fees for weighing trucks at the Facility's scale house.
Misc. Weight determination: $2.50 per weighing
6. Out of County Waste: The disposal of solid waste generated outside of St. Lucie
County must be approved by the Solid Waste Director or his designee.
EI
Packet Pg. 223
10.A.2.a
7. Notwithstanding the other provisions contained herein, the County may charge
rates that are different than the rates shown above if the different rates are authorized in a
contract that has been aporoved and adoated by resolution of the Board.
SECTION B.
Municipalities and approved operators shall pay the fees specified in Section A of this
Resolution on a monthly basis, following their receipt of the County's bill for the use of the
County's solid waste management facility.
SECTION C.
All other users of the County's solid waste management facilities shall pay the fees specified
in Section A of this Resolution when they deliver their solid waste or recyclable materials to the St.
Lucie County Landfill, unless the user has entered into a Landfill Use Agreement with the County
and posted the required security.
SECTION D.
Effective March 1, 2016, this Resolution shall repeal, supersede, and replace Resolution No.
SECTION E.
All of the rates set out in this Resolution shall take effect on March 1, 2016.
After a 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
day of , 2016.
5
Packet Pg. 224
10.A.2.a
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Packet Pg. 225
10.A.3
ITEM NO. RES-2016-27
J
COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 02/16/2016
*REGULAR AGENDA
Resolution requesting the Governor of Florida to issue a State of
Emergency
The Indian River Lagoon is an important commercial and recreational fishery and economic resource to
the state and region. Extensive historical modifications to the St. Lucie River and its watershed have
altered the hydrology of the region and as a result, heavy rainfall can bring large influxes of fresh water
into the St. Lucie Estuary from storm water runoff within the basin, Lake Okeechobee releases or both.
The increased freshwater flows affect salinity levels and water quality in the estuary, potentially causing
environmental harm. This runoff is causing a public health threat as microcystis aeruginosa, a single -
celled blue green alga, or cyanobacterium, has proliferated in the Lagoon to form dense blooms, which
produce multiple toxins, including liver toxins, as well as, neurotoxins. The coming months could herald a
slow recovery of this unique ecosystem or an imminent collapse of the remaining portion of the estuary
that has been sustainable up to this point. The resolution attached to this memorandum requests the
Governor to consider issuing an Executive Order, declaring a state of emergency to protect the Indian
River Lagoon and the St. Lucie Estuary. Under state law, the Governor has broad powers dealing with
state permitting and cost recovery issues that are not available to local governments. Because of the
limited emergency powers available to local governments, a declaration of a local state of emergency
would not be sufficient to respond to the issues.
Since the beginning of the year, the St. Lucie River Estuary water quality has been poor, in part due to low
salinity levels and high bacteria content. Prolonged exposure to low salinity levels has been
demonstrated to cause harm to natural shellfish communities and habitat.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Packet Pg. 226
10.A.3
Staff recommends that this Board adopt the resolution requesting the Governor of the State of
Florida to declare a State of Emergency and authorize the Chairman to sign the resolution as prepared
by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
d De t;, Administrator 2/12/2016
Johnson, Di if/
No. , Chairm n 2/16/2016
Updated: 2/12/2016 1:04 PM by Katrina Slay Page 2
Packet Pg. 227
10.A.3.a
RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
REQUESTING THE GOVERNOR OF FLORIDA, THROUGH
EXECUTIVE ORDER AND/OR OTHER POWERS AVAILABLE
UNDER THE LAW, TO ACTIVATE ALL AVAILABLE
STATE AND LOCAL EMERGENCY AND RELIEF RESOURCES
AND MECHANISMS FOR THE PROTECTION OF THE
INDIAN RIVER LAGOON AND ST. LUCIE ESTUARY
WHEREAS, the Indian River Lagoon is a diverse, shallow -water estuary
stretching across 40 percent of Florida's east coast; and
WHEREAS, the Lagoon is an important commercial and recreational fishery
and economic resource to the state and region. The total estimated annual economic
value of the lagoon is $3.7 billion, supporting 15,000 full and part-time jobs
and providing recreational opportunities for 11 million people per year; and
WHEREAS, the St. Lucie River and Estuary is an ecological jewel on Florida's
Treasure Coast that is integral to the environmental and economic well-being
of Martin and St. Lucie Counties. The St. Lucie River is part of the larger Indian
River Lagoon system, the most diverse estuarine environment in North America
with more than 4,000 plant and animal species, including manatees, oysters,
dolphins, sea turtles and seahorses; and
WHEREAS, extensive historical modifications to the St. Lucie River and its
watershed have altered the hydrology of the region and as a result, heavy rainfall
can bring large influxes of fresh water into the St. Lucie Estuary from storm water
runoff within the basin, Lake Okeechobee releases or both. The increased
freshwater flows affect salinity levels and water quality in the estuary,
potentially causing environmental harm; and
WHEREAS, the Lagoon is at a turning point. The coming months could
herald a slow recovery of this unique ecosystem or an imminent collapse of the
remaining portion of the estuary that has been sustainable up to this point; and
WHEREAS, since the beginning of this year, the St. Lucie River Estuary water
quality has been poor, in part due to low salinity levels and high bacteria content.
Prolonged exposure to low salinity levels has been demonstrated to cause harm to
natural shellfish communities and habitat.
WHEREAS, the Martin County Board of County Commissioners passed
Resolution No. 16-2.3 on February 9, 2016 requesting the Governor take necessary
action for the protection of the St. Lucie Estuary and the Indian River Lagoon.
Packet Pg. 228
10.A.3.a
WHEREAS, On February 10, 2016, the Florida Department of Health released
a public advisory urging residents to avoid contact with the North Fork of the St. Lucie
River due to high enteric bacteria levels.
WHEREAS, on February 11, 2016, Governor Rick Scott sent a letter to the
Secretary of the US Army Corps of Engineers requesting that the Corps take immediate
action to relieve the flooding in the Everglades Water Conservation Areas and the
releases of water from Lake Okeechobee to the Caloosahatchee and St. Lucie
Estuaries.
WHEREAS, this Board requests that the Governor declare an emergency
so that the Counties can proceed to seek direct assistance with any and all agencies
of the State of Florida as may be needed to meet this emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS:
1. St. Lucie County requests that the Governor of the State of Florida
consider issuing an Executive Order, and/or other powers available under law, to
activate all available State and Local emergency and relief resources
and mechanisms to protect the Indian River Lagoon and the St. Lucie Estuary.
2. The St. Lucie County Board of County Commissioners requests that the
State release funds to the South Florida Water Management District (SFWMD)
for temporary pumping and redirection of water to maximum capacity on
SFWMD designated lands or other state lands, including but not limited to the
Holey Land and Rotenberger tracts, and Water Conservation Areas.
3. The St. Lucie County Board of County Commissioners requests that the
State and Federal Government provide economic assistance to the businesses
damaged by the discharges.
4. The St. Lucie County Board of County Commissioners supports the
passage of HB 989/SB 1168 "Legacy Florida," providing dedicated funding for
Everglades restoration and funding in the House and Senate to provide short
and long term storage and water quality treatment options.
5. The St. Lucie County Board of County Commissioners request the
Legislature use Amendment 1 funds for design of 507,000 acre-feet of additional
storage, treatment, and conveyance south of Lake Okeechobee, and for the
associated purchase of identified land for said storage to redirect water that
would otherwise be discharged into the estuaries, away from the estuaries, as
recommended in the 2015 Independent Technical Review by the University of
Florida Water Caloosahatchee Estuaries and Move More Water from Lake
Okeechobee to the Southern Everglades.
6. The St. Lucie County Board of County Commissioners urges completion of
the CERP.
Packet Pg. 229
10.A.3.a
7. The County Administrator shall forward this Resolution to the Governor
of the State of Florida, the County's State and Federal legislative delegation and
the Martin County Administrator.
8. This Resolution shall become effective immediately upon 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 day of , 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. 230