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Agenda Packet 03.15.2016
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, March 15, 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 Generated 31912016 5:01 PM Regular Meeting Tuesday, March 15, 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. 2 1 P a g E Regular Meeting Tuesday, March 15, 2016 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES 1. Board of County Commissioners minutes for the meeting of Tuesday, March 01, 2016 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming the week of March 20-26, 2016 as "Florida Surveyors & Mappers Week" in St. Lucie County, Florida. B. Resolution proclaiming the month of March 2016 as "American Red Cross Month" in St. Lucie County, Florida. C. Resolution proclaiming the Week of April 10-16, 2016 as "Crime Victims' Rights Week" in St. Lucie County, Florida. D. Resolution acknowledging the United Veteran's of St. Lucie County, Inc. for the outstanding efforts and coordination for the submission of the grant and subsequent award of four new service vehicles to promote enhanced service to veterans in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS 2015 Wells Fargo Credit Card Revenue Sharing Program - Joseph E. Smith, St Lucie County Clerk of Court 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 21 & 22 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, March 15, 2016 9:00 AM 1. 2016 Federal Legislative Agenda Staff recommends Board approval of the 2016 Federal Legislative Agenda Items and Requests. C. COUNTY ATTORNEY 1. Resolution A, B, C and D - Subordination of County Utility Interests - State Project No. 94003-2502 - SR 713 - Kings Highway - Parcel 104.8, Parcel 110.3, Parcel 122.311 and Parcel 123.2R Staff recommends the Board approve the Subordination of County Utility Interests for Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R and accompanying Resolutions, authorize the Chairman to sign the Subordination of County Utility Interests for Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R and accompanying Resolutions, and authorize staff to record the documents in the Public Records of St. Lucie County. 2. Resolution - Amendment to the Investment Policy Staff recommends that the Board adopt the attached Resolution and authorize the Chairman to sign the Resolution. 3. Interlocal Agreement with the City of Port St. Lucie for Water Service to Property at 9001 Midway Road Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. 4. Hangar Sublease Assignment - Topper Holdings, LLC to Planemarketing, LLC Staff recommends that the Board of County Commissioners consent to the assignment of the sublease for Hangar 3147 from Topper Holdings, LLC to Planemarketing, LLC, and authorize the Chairman to sign the Consent. D. COMMUNITY SERVICES 1. Annual State Aid to Libraries Grant Staff recommends approval of the resolution and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Annual State Aid to Libraries Grant Acceptance-FY16 Staff recommends acceptance of the grant award and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Award of Invitation to Bid (ITB) No. 15 Staff recommends Board approval to award ITB No. 15 to Black Street Enterprises, LLC in the amount of $119,592.00 and authorization for the Chairman to sign documents as 4 1 P a g e Regular Meeting Tuesday, March 15, 2016 9:00 AM approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care 2015-2016 Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000018621, CZN000018622 and CZN000018623 for FY 2015-16 Inmate Utilization of Medical Services costs in the amount of $824,530.19. 2. Corizon HIV Meds Oct 2015 thru Jan 2016 Staff recommends Board approval for payment of Corizon Health Services Invoice Numbers CZN000018329 for October 2015, CZN000018399 for November 2015, CZN000018624 for December 2015 and CZN000018679 for January 2016 Inmate HIV medications in the total amount of $186,680.81. 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. Resolution - Energy Efficiency (FP&L) 2015 Staff recommends that the Board approve the Budget Resolution to establish the budget for the Energy Efficiency Lease/Purchase Agreement. 2. Resolution - SLC, Capital Imp. Revenue Bonds, Series 2016 (Jail Security System) Staff recommends that the Board approve the Budget Resolution to establish the budget for the SLC, Capital Improvement Revenue Bonds, Series 2016. 3. Resolution - SLC, Equipment Lease/Purchase Agreement (800 MHz Radio System Upgrade) Staff recommends that the Board approve the Budget Resolution to establish the budget for the 800 MHz Radio System Equipment/Lease Purchase Agreement with Motorola Solutions, Inc. 5 1 P a g e Regular Meeting Tuesday, March 15, 2016 9:00 AM 4. Request for Proposal (RFP) No. 15-071, Appraisal Services Staff recommends Board approval of the short-listed firms for Appraisal Services and permission to: Conduct contract negotiations with the five highest ranked short-listed firms; If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. K. PARKS, RECREATION & FACILITIES 1. WPSL Christmas Kids of SLC Staff recommends Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,500.00 to be utilized to provide American Red Cross Water Safety Lessons at Lincoln Park Pool as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Authorization for four additional Jail Maintenance Specialist positions Staff recommends Board approval of four (4) Jail Maintenance Specialist positions for Parks, Recreation and Facilities Department. 3. Golf Cart Lease Bid 15-059 Staff recommends Board approval to award Bid No. 15-059, Golf Carts Lease to E-Z-GO Division of Textron, Augusta, Georgia in the amount of $69.50 per month with an option for a $1,700.00 purchase price buyout per cart at the termination of the lease and authorize the Chairman to sign documents as approved by the County Attorney. L. PLANNING & DEVELOPMENT SERVICES 1. Acceptance of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Microsurface Runway 14/32 at the St. Lucie County International Airport Staff recommends acceptance of the attached Joint Participation Agreement and Resolution for this project at the St. Lucie County International Airport, and authorization for the Chairman to sign documents as approved by the County Attorney. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. The Crossing, A Network of Community Churches, Inc. Staff recommends Board approval of the conditional acceptance of the off -site 6 1 P a g E Regular Meeting Tuesday, March 15, 2016 9:00 AM improvements and Maintenance Agreement, release surety in the amount of $6,456.30 (retain $1,139.34 for maintenance) and authorization for the Chairman to sign documents as approved by the County Attorney. 2. North 2nd Street Change Order No. 8 with Mancil's Tractor Service, Inc. Staff recommends Board approval of St Lucie County's Change Order No. 8 with Mancil's Tractor Service, Inc. In the amount of $164,389.03, approval of the revised schedule for completion of construction, and authorization for the Chairman to execute the change order as approved by the County Attorney. 3. North 2nd Street Change Order No. 9 with Mancil's Tractor Service, Inc. Staff recommends Board approval of St Lucie County's Change Order No. 9 with Mancil's Tractor Service, Inc. In the amount of $7,628.05, and authorization for the Chairman to execute the change order as approved by the County Attorney. 0. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2016 Edward Byrne Memorial Justice Assistance JAG Countywide Grant (2016-JAGD-STLU-3-H3-052) Staff recommends that the Board approve the Budget Resolution and authorize the acceptance of the 2016 Edward Byrne Memorial Justice Assistance JAG Countywide Grant in the amount of $31,363.00. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA 7 1 P a g e Regular Meeting Tuesday, March 15, 2016 9:00 AM There are no items scheduled. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special Informal Erosion District meeting on April 5, 2016 at 1p.m. to discuss the Fort Pierce Shore Protection Project and General Reevaluation Report 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 April 5, 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 a Regular Board meeting on April 19, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners monthly Informal Board meeting has been moved from April 12 at 9a.m. to April 19, 2016 at 1p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioner and the City of Fort Pierce will hold a Joint Meeting regarding The Port of Fort Pierce on Thursday, April 21, 2016 at 2p.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 8 1 P a g e 4.1 S■TkaL■(di 1 E COUNTY F L O R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 1, 2016 Convened: 6:00 PM Adjourned: 6:40 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name Kim Johnson District No. 5, Chairman District No. 1, Vice -Chairman Arrived 6:00 PM Present Chris Dzadovsky Present Present 6:00 PM 6:00 PM Tod Mowery District No. 2 Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM John Wiatrak Airport Manager Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION W Z W O J O W a a a Generated 31212016 3:19 PM Packet Pg. 9 4.1 Regular Meeting Tuesday, March 1, 2016 6:00 PM 3. :j 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 09, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Board of County Commissioners minutes for the meeting of Tuesday, February 16, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson PROCLAMATIONS APPROVAL A. Resolution - Adoption of a resolution proclaiming April 2, 2016 as "Children's Day" and April 3, 2016 as "Parents' and Children's Day" in St. Lucie County, Florida. Tony Loupe, CEO of the Early Learning Coalition accepted the resolution. He expressed excitement about the 10th annual Family Fun Fair. He explained that the event celebrates children and families and will feature a literacy theme. The event will feature nonprofit agencies from the community and will be held at Lawnwood Stadium. He thanked the Board for the funding his organization has received. He also spoke about Representative Lee's "Jump Start Literacy" bill, to bridge the gap for young people growing up in poverty. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Resolution - Proclaiming the month of March 2016 as "Believing in Girls Month" in St. Lucie County, Florida. Vickie Colter, the Executive Director of the Pace Center for Girls accepted the resolution along with a representative from the center. The young woman thanked the Board on behalf of the girls and staff of PACE Treasure Coast. She spoke about how being a part of PACE has helped her and how she appreciates the community's support. Ms. Colter thanked the Board. She explained that the Pace Center for Girls is a counseling and academic program that supports girls throughout St. Lucie County. She mentioned the unique approach of the gender - responsive, strength -based, incentive -driven program, with 19 centers throughout the state. 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, March 1, 2016 6:00 PM 4.1 Girls that enter the program are between 11 and 17 years old and stay an average of 15 months. The center has a 94% success rate among girls leaving the program. Commissioner Dzadovsky mentioned the possibility of volunteers or donations from the community and asked how to reach out to the center. Ms. Colter said they can contact her at 772-595-8880, or directly at the center located on Virginia Avenue in Fort Pierce. She invited the commissioners and anyone in the community to come and tour the Pace Center for Girls. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. Resolution - Proclaiming March 14-18, 2016 as "Flood Safety Awareness Week" in St. Lucie County, Florida. Carmen Capezzuto, Board Chairman for SAFER St. Lucie accepted the resolution. He thanked the Board for honoring the proclamation request. He spoke about the prevalence of floods and the damage they cause. The proclamation aims to raise awareness of severe weather and to inform the public of where they are able to get information, such as the National Weather Service office in Melbourne. He emphasized that hazardous situations can be avoided if residents know how to respond to these conditions. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) Captain Don Voss, St. Lucie County resident - Captain Voss identified himself as a representative of the Marine Cleanup Initiative and a member of the board for the Friends of the Spoil Islands, One Florida Foundation and a participant of the 4th annual lionfish safari. He indicated that over the last 15 years, more than 600 volunteers have removed over 500,000 pounds of debris from county waters and he has written over $650,000 worth of grants to accomplish that task. He asked the Board to consider the 19.19 and 19.25 local ordinances restricting divers from going under the bridges to remove debris. He said that the ordinances were originally put in place to stop people from catching fish from the bridge, which is no longer there. He said that Nick Wiley of FWC is interested in these ordinances and almost all other counties in Florida allow FWC to oversee these laws. Commissioner Dzadovsky asked the County Attorney for an update on these laws. The County Attorney said these are actually special acts of the legislature and not ordinances by the county. They have been imposed for many years and the county is not able to regulate the taking of salt water fish because the state has preempted the ability of local governments to do that. The commission is the one who regulates that and they are able to eliminate these special laws. The w F_ I z LL 0 J Q 0 W a a Q 3 1 P a g e IPacket Pg. 11 Regular Meeting Tuesday, March 1, 2016 6:00 PM 4.1 County Attorney has asked the commission to send a representative to the county to present this information at an informal meeting, and then the Board can decide to pass a resolution to eliminate the special laws. He clarified that only the Florida Fresh Water and Game Commission can eliminate these laws. 7. PRESENTATIONS Chairman Johnson moved this item after Item 8 - Consent Agenda. Bob Worcester, the Education Disaster Specialist for SAFER St. Lucie presented this item. He explained that the Support Alliance for Emergency Resiliency (SAFER) is a nonprofit coalition of faith based organizations, local businesses, local governments and other nonprofits. He covered the history of the organization and major achievements by their volunteers within the community. He indicated that SAFER specializes in working through the entire disaster cycle, from preparedness to recovery. The major focus of the organization is education and they work specifically to address the needs of lower income communities. According to the ALICE Report by the United Way 45% of people in St. Lucie County are either below poverty or below the established cost of living for the area. Mr. Worcester spoke about special efforts to vulnerable members of the community, including children and the elderly. He covered facts about flooding, the #1 natural disaster in the United States accounting for approximately 90 deaths annually. He also covered some important flood safety tips, emphasizing the power of rushing water, the danger of standing water and the importance of having an emergency plan ready. Mr. Worcester presented the major goals of SAFER St. Lucie in regards to preparedness and mitigation. SAFER also works with response and recovery efforts by improving communication and coordination of resources and services within the community. Mr. Worcester invited the Board and the public to attend their meetings, the 4th Tuesday of the month at the United Way and gave contact information to anyone who may need their services. Commissioner Dzadovsky asked if SAFER is involved with Volunteer St. Lucie. Mr. Worcester confirmed that it is, and volunteer registration is coordinated with the United Way. Commissioner Dzadovsky pointed out the importance and value of this volunteer database. 1. Support Alliance for Emergency Resiliency - Bob Worcester, Education and Disaster Specialist 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. Warrant Lists 19 & 20 in w z 0 J Q 0 a a Q 4 1 Packet Pg. 12 4.1 Regular Meeting Tuesday, March 1, 2016 6:00 PM B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 2. Resolution - Amendment to Solid Waste Rate Resolution - Item "B" 3. Resolution - Warranty Deed of Donation for 15-feet of right-of-way on Cortez Boulevard W 4. Florida Department of Transportation Midway Road Project from west of South 25th Z 2 Street to east of U.S. 1 - County property portion of Parcel ID 3405-411-0003-000-5 - 0 License Agreement and Resolution _J Q 5. Disposal of Abandoned/Derelict Aircraft -Authorize Sale of Derelict/Abandoned 1976 0 Cessna 402B and 1981 Cessna 402C a- Q If•I►&1110111W&I4.AviLEI There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 5 1 P a g e Packet Pg. 13 4.1 Regular Meeting Tuesday, March 1, 2016 6:00 PM 1. Marchin' It to Our FURever Homes L. PLANNING & DEVELOPMENT SERVICES 1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Rehab of Taxiway E South of Runway 14/32 at the St. Lucie County International Airport M. PUBLIC SAFETY There are no items scheduled. N w N. PUBLIC WORKS Z 1. Resolution - Parkland MSBU Budget Resolution 0 O. SHERIFF'S OFFICE J j O W There are no items scheduled. a- a- Q P. SOLID WASTE s There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES 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) The Assistant County Attorney presented the ordinance amending 7.09.05 of the St. Lucie County Land Development Code, affecting the removal of exotic vegetation. Currently, the code requires the Public Works Director provide notice to the property owner that a public nuisance exists because of invasive species and demand the 6 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, March 1, 2016 6:00 PM 4.1 property owner remedy the situation. There would then be a hearing before the Board of County Commissioners. She explained that the change to the ordinance would alter the enforcement mechanism. It would require this section be enforced like the other codes in the county, at a hearing before the St. Lucie County Enforcement Board. This ordinance was advertised on February 20th and this presentation was the second public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 10. REGULAR AGENDA There are no items scheduled. 11. ANNOUNCEMENTS w z U_ 0 J 0 a a a A. The 51st Annual St. Lucie County Fair will take place February 26, 2016 - March 6, 2016 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.org. B. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Friday, March 4, 2016 vs. Miami Marlins at 1:10 p.m. Home games run through March 30, 2016 with games vs. the Miami Marlins, New York Yankees, St. Louis Cardinals, Houston Astros, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com 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. E. The Board of County Commissioners will hold a Regular Board meeting on April 5, 2016 at 6 p.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 Regular Board meeting on April 19, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. G. The Board of County Commissioners will hold an Informal Board meeting on April 19, 2016 at 1 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 7 1 P a g e Packet Pg. 15 4.1 Regular Meeting Tuesday, March 1, 2016 6:00 PM H. H. Non -Agenda Item - Missionary Flights "Run the Runaway" Commissioner Mowery announced the Missionary Flights "Run the Runaway" event on Saturday March 5th. The organization is also having Family Fun Day on Saturday as well. Chairman Johnson encouraged citizens of the county to participate in events taking place, such as the County Fair and Spring Training. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. W z 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. U_ J Q 0 d d Q 8 1 Packet Pg. 16 5.A ITEM NO. RES-2016-37 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: DATE: 03/15/2016 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution proclaiming the week of March 20-26, 2016 as "Florida Surveyors & Mappers Week" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the week of March 20-26, 2016 as "Florida Surveyors & Mappers 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 S. McIntyre, X nty ttorney 2/12/2016 Packet Pg. 17 5.A.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF MARCH 20-26, 2016 AS "FLORIDA SURVEYORS & MAPPERS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Surveyors and mappers are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership. 2. George Washington, Thomas Jefferson and other former Presidents of the United States, served their fellow colonists as surveyors. 3. The citizens of Florida recognize the valuable contributions of the surveying and mapping profession to history, development, and quality of life in Florida and the United States of America and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. 4. The surveying and mapping profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence. 5. Surveyors and mappers are uniquely qualified and licensed to determine and describe land and water boundaries forthe management of natural resources and protection of private and public property rights. 6. Thecontinual advancements in instrumentation have required the surveyor and mappernot onlyto be ableto understand and implementthe methods of the past, but alsoto learn and employ modern technology in finding solutions to meet the challenges of the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of March 20-26, 2016, as "FLORIDA SURVEYORS & MAPPERS WEEK" in St. Lucie County, Florida. 2. This Board recognizes the many contributions and the ongoing dedication of surveyors and mappers to the citizens of St. Lucie County, Florida and the United States. PASSED AND DULY ADOPTED this 15t" day of March 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK ST. LUCIE COUNTY, FLORIDA YA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY U O o: a ti M r O N w W Packet Pg. 18 5.B ITEM NO. RES-2016-38 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: 03/15/2016 *PROCLAMATIONS APPROVAL Resolution proclaiming the month of March 2016 as "American Red Cross Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of March 2016 as "American Red Cross 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 5. McIntyre, C my ttorney 2/19/2016 Packet Pg. 19 5.B.a RESOLUTION A RESOLUTION PROCLAIMING MARCH 2O16 AS "AMERICAN RED CROSS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. American Red Cross Month is a special time to recognize and thank our everyday heroes - those who reach out to help people in need. 2. American Red Cross heroes help disaster victims recover. They bring comfort to families who have lost their homes to fire. They brighten the day of an injured service member. They step forward to help someone having a heart attack. 3. We would like to remember our heroes here in St. Lucie Countywho help people in need. They work tirelessly to assist their neighbors when they need a helping hand. 4. Across the country and around the world, the American Red Cross responds to disasters. When a family was displaced due to a fire, the Red Cross provided shelter. When an injured service memberended up in a hospital farfrom home, the American Red Cross offered comfort. When a lifeguard jumped in to save a drowning child or someone stepped up to help a heart attack victim, the American Red Cross was there. 5. We dedicate the month of March 2016 to all those who support the American Red Cross mission to present and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time and money to fulfill its humanitarian mission. NOW,THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 2016 as "AMERICAN RED CROSS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to support this organization and its noble humanitarian mission. PASSED AND DULY ADOPTED this 15t" day of March 2016. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY U O o: a co M W r 0 N W W Packet Pg. 20 5.0 ITEM NO. RES-2016-39 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: 03/15/2016 *PROCLAMATIONS APPROVAL Resolution proclaiming the Week of April 10-16, 2016 as "Crime Victims' Rights Week" in St. Lucie County, Florida. It has been requested that this Board proclaim the week of April 10-16, 2016 as "Crime Victims' Rights Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 3/3/2016 Packet Pg. 21 5.C.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 10, 2016 THROUGH APRIL 16, 2016 AS "CRIME VICTIMS' RIGHTS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 2016 is the 36th commemoration of National Crime Victims' Rights Week. 2. The victims' rights discipline in America has, for decades, dared to dream of a nation that is free from violence and an America where crime victims are consistently provided supportive services to help them cope with the trauma of crime and victimization. 3. The 191h Judicial Circuit Victim Rights Coalition is comprised of victim rights advocates from the State Attorney' Office, St. Lucie County, Okeechobee County, Indian River County Sheriff's Offices; the Port St. Lucie and Fort Pierce Police Departments. 4. The 191h Victim Rights Coalition increases community awareness of victim issues; and focuses on the National Victims' Rights Week on a local level. 5. We must work to ensure fair treatment of all crime victims, ordering and enforcing victim restitution, and notifying victims of their right to compensation and services, thereby giving hope to victims that the system and society will work to restore dignity and respect their needs and rights. 6. The 191h Judicial Circuit Victim Rights Coalition resolved that our individual and collective efforts reflect the dreams we dare to have of a nation where no crime victim goes unserved, and every crime victim is afforded rights and services and fair treatment by the justice system and by society. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 10, 2016 through April 16, 2016 as "CRIME VICTIMS' RIGHTS WEEK" in St. Lucie County, Florida, and urge the citizens of St. Lucie County to become more aware of victim issues and participate in Crime Victims' Rights Week. PASSED AND DULY ADOPTED this 151h day of March, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 22 5.D ITEM NO. RES-2016-40 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 03/15/2016 *PROCLAMATIONS APPROVAL SUBJECT: Resolution acknowledging the United Veteran's of St. Lucie County, Inc. for the outstanding efforts and coordination for the submission of the grant and subsequent award of four new service vehicles to promote enhanced service to veterans in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board recognize the United Veteran's of St. Lucie County, Inc. For their outstanding efforts to help veterans 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 Danie, S. McIntyre, Ginty ttorney 3/8/2016 Packet Pg. 23 5.D.a RESOLUTION A RESOLUTION ACKNOWLEDING THE UNITED VETERAN'S OF ST. LUCIE COUNTY, INC. FOR THE OUTSTANDING EFFORTS AND COORDINATION WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE SUBMISSION OF A GRANT APPLICATION AND AWARD OF FOUR NEW SERVICE VEHICLES TO PROVIDE ENHANCED SERVICE TO VETERANS IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The United Veterans of St. Lucie, Inc. is a participant in the County's Coordination Network for the Transportation Disadvantaged Coordination Network through the St. Lucie County Local Coordinating Board to coordinate the transportation services provided by the Agency and its clients. 2. The Florida Department of Transportation has awarded the United Veterans of St. Lucie County, Inc. with four new vehicles equipped to transport disabled and wheelchair bound Veterans to medical appointments at the West Palm Beach VA Medical Center, and also for use as part of the emergency transit system for St. Lucie County in the event of a crisis. 3. As a result of the vehicle acquisition, the ridership capacity has increased from 5,200 to 7,280 annually, providing for enhanced reliability and much needed relief for the wheelchair bound Veterans of St. Lucie County. 4. The total value of the newly acquired vehicles was $265,408, of which the United Veterans of St. Lucie County generously provided a 10% match of $26,540. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby thanks the United Veterans of St. Lucie, Inc. for their generous donation and recognizes their extensive efforts. This Board also thanks US Air Force Veteran Mr. Roy Brewer, in particular, for his volunteer efforts to write the grant to Florida Department of Transportation and follow it through the lengthy process of acceptance and implementation. 2. This Board hereby acknowledges the United Veterans of St. Lucie, Inc. for the outstanding services provided to our area Veterans and their dependents, whose membership mission is to promote a better quality of life for all Veterans of St. Lucie County. ATTEST: PASSED AND DULY ADOPTED this 15 day of March 2016. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 24 8.A.1 02/26/16 FZABWARR FUND TTTLE 001 001460 001512 001538 001550 001560 001563 001571 001572 001573 001574 001575 001577 001826 101 101001 101002 101003 101004 102 102001 102114 107 107001 107002 107003 107005 107006 111 112 113 114 116 117 119 120 122 123 126 127 128 129 130 130113 130114 130117 130119 130121 ST. LUCIE COUNTY - BOARD WARRANT LIST 421- 20-FEB-2016 TO 26-FEB-2016 FUND SUMMARY General Fund FCTD Planning Grant Neighborhood Stabilization Program HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 Safe Routes to School HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Lagoon Life Education Program SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunlarid Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY2011 FTA 5307 FY 2013 FTA 5316 2014 UARC Grant FTA 5307 FY13 FTA 5307 FY 2014 EXPENSES 327,371.08 0.00 0.00 18.06 750.00 157.29 0.00 0.00 65.00 69.63 1, 104.00 0.00 0.00 0.00 0.00 0.00 36,558.97 8,738.99 2,958. 67 4,391.30 105,295.00 0.00 181,332.44 165.91 0.00 4, 183.57 9,434.25 45,123.90 3,204.92 743.17 227.77 557.87 610.40 139.81 819.22 221.69 1,030.72 381.58 154.72 496.42 613. 90 3, 960.00 73,434.61 3, 950.00 2,120.00 2,016.66 34,023.30 266,335.50 PAGE PAYROLL 541,972.88 476.86 334.44 0.00 79.70 10,457.67 2,912.38 970.67 412.58 375.16 3, 801.28 1,326.49 1,333.60 1, 630. 00 37,158.84 N H 1,381.60 Z 46,636.97 14,729, 87 17,380.74 62,190.76 v 11,056.69 N 2,258.27 0a 110,800.90 N 1,060.03 62,654.80 A 0.00 +, 0.00 M 8,703.88 0.00 0.00 0.00 0 0.00 M 0.00 0.00 E 0.00 0 0.00 0.00 V 0.00 0.00 0.00 0.00 0.00 2,194.08 0.00 1,360.80 0.00 0.00 0.00 Packet Pg. 25 8.A.1 02/26/16 FZABWARR FUND TITLE 130122 130219 130220 130221 136 138 139 140 140001 140376 150 160 183 183004 183006 184001 184217 184221 185015 189110 189203 190 216 310001 321 362 39013 401 418 451 458 471 478 479 491 505 505001 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 20-FEB-2016 TO 26-FEB-2016 FUND SUMMARY FTA 5339 FY 2013 Capital FDOT Lakewood Pk Reg Bus Rte FCTD Trip & Equip FY 2016 FDOT Service Development Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Ci.r Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program S SLC Beach Rest 13SL1 S SLC Beach Restoration & Monit FHFC SHIP 2014-2015 Home Consortium 2014 Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library Capital Imp Rev Bonds 2015 Sports Complex Improv Fund Parkland MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund I4ealth Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 2,251.52 7, 835.50 45,615.03 1,070.30 2,274.90 310.95 957.29 5,712.30 6,100.00 10,290.50 281.60 405.90 7,723.93 1,230.25 16,346.45 0.00 2,752.40 88,325.59 130.85 10,505.80 0.00 17,965.44 1,202.00 18,938.20 15,030.80 188.67 334,556.85 420,974.76 5, 490.95 190.51 0.00 245.37 0.00 0.00 24.68 840,362.50 38,358.17 0.00 30.00 20,801.71 3,047,241.99 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,289.85 0.00 0.00 0.00 2, 946.46 4,897.48 3,275.73 0.00 1,645.60 0.00 0.00 530.08 863.45 87.65 23,568.59 0.00 0.00 0.00 0.00 0.00 99,337.72 18,635.09 5,459. 97 1, 071. 58 9,726.52 1, 638.04 1,509.79 29,874.95 0.00 2,727.82 2,870.27 3, 807.20 0.00 1,172,415.78 N H z a Packet Pg. 26 8.A.1 03/04/16 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 27-FEB-2016 TO 04-MAR-2016 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 140,723.78 0.00 001560 Section 112/MPO/FHWA/Planning 490.05 0.00 001570 EMPG FY16 163.00 0.00 001571 Safe Routes to School 626.70 0.00 101 Transportation Trust Fund 998.32 0.00 101001 Transportation Trust Interlocals 107,644.96 0.00 101002 Transportation Trust/80% Constitut 3,189.57 0.00 101003 Transportation Trust/Local Option 17,999.61 0.00 101004 Transportation Trust/County Fuel Tx 6,696.93 0.00 102 Unincorporated Services Fund 1,133.25 0.00 102001 Drainage Maintenance MSTU 5,909.79 0.00 102813 White City Drainage Citrus & Saeger 65.70 0.00 107 Fine & Forfeiture Fund 91,952.02 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 18,364.26 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 15,010.89 0.00 N H 107003 Fine & Forfeiture Fund-800 Mhz Oper 27,964.47 0.00 Z 107006 F&F Fund -Court Related Technology 9,108.54 0.00 129 Parks MSTU Fund 14,406.00 0.00 130 SLC Public Transit MSTU 5.71 0.00 140 Airport Fund 4,071.99 0.00 N 140001 Port Fund 239.80 0.00 N 150 Impact Fee Collections 125.00 0.00 0a 160 Plan Maintenance RAD Fund 2,631.83 0.00 N 183 Ct Admini5trator-19th Judicial Cir 574.26 0.00 183004 Ct Admin.- Teen Court 2,203.75 0.00 y 183006 Guardian Ad Litem Fund 425.00 0.00 J 185015 FHFC SHIP 2014-2015 11,107.50 0.00 M 188 Bluefield Ranch Improvements 2.98 0.00 189110 Home Consortium 2014 76.50 0.00 190 Sports Complex Fund 34,338.88 0.00 310001 Impact Fees -Library 1,686.00 0.00 e 316001 5th Cent Fuel -Capital 2,991.25 0.00 M 318 County Capital -Transportation Bond 156,732.93 0.00 r_ 362 Sports Complex Improv Fund 41,500.00 0.00 3 382 Environmental Land Capital Fund 12.23 0.00 E 401 Sanitary Landfill Fund 96,076.20 0.00 0 418 Golf Course Fund 21,779.96 0.00 451 S. Hutchinson Utilities Fund 9,987.50 0.00 471 Water & Sewer District Operations 10,012.63 0.00 479 Water & Sewer Dist. -Cap Facilities 7,043.30 0.00 491 Building Code Fund 416.06 0.00 505 Health Insurance Fund 44,653.41 796.80 505001 Risk Management Fund 770.05 0.00 611 Tourist Development Trust-Adv Fund 15.66 0.00 625 Law Library 14,950.38 0.00 801 Bank Fund 30,570.04 0.00 GRAND TOTAL: 959,448.64 796.80 Packet Pg. 27 8.B.1 ITEM NO. (ID # 3432) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Nicole Fogarty, Legislative Affairs Manager Administration 2016 Federal Legislative Agenda DATE 03/15/2016 *CONSENT AGENDA\ADMINISTRATION It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for Federal legislative issues and requests. County staff has been working with Greg Burns from Van Scoyoc Associates to identify these issues and requests as part of the County's Federal Legislative Agenda for 2016. The items identified within the Agenda are anticipated to have a fiscal, regulatory, or operational impact upon the County. The 2016 Federal Legislative Agenda will provide a background and summary on these issues for members of the Federal Congressional Delegation, as well as, appropriate Federal agency staff. PREVIOUS ACTION: At the BOCC Special Informal on February 18, Greg Burns from Van Scoyoc Associates identified priority issues and requests as part of the County's Federal Legislative Agenda for 2016. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the 2016 Federal Legislative Agenda Items and Requests. 16191L&II IM11Eel ►WiTli000E Packet Pg. 28 8.B.1 Coordination/Signatures 4aniee/S.cIntyre, C kntyttrey 3/9/2016 Ho and Tipton, Countf Administrato 3/9/2016 Updated: 3/7/2016 2:41 PM by Katrina Slay Page 2 Packet Pg. 29 ;o •A��Y�� I�� IrA �1 iqpo t-- v rum T �_1 r ED 14-32 � I OT+L hIi , COUNTY _� F t 0 R I D R COUNTY F L O R I D A Prepared by Van Scoyoc Associates for the St. Lucie County Board of County Commissioners Commissioner Kim Johnson, Chair Commissioner Chris Dzadovsky, Vice Chair Commissioner Paul A. Lewis Commissioner Frannie Hutchinson Commissioner Tod Mowery Dan McIntyre, County Attorney Howard Tipton, County Administrator 8.B.1.a VAN SCOVOC ASSOCIATES Questions regarding the information in this book may be directed to: Greg Burns Nicole Fogarty Richard Bouchard (202) 737-8162 (772) 462-6406 (772) 462-1710 February 2016 Copyright 2016 Van Scoyoc Associates Inc. Page 1 2 Packet Pg. 31 T�L10 IiE COUNTY F L O R I D A St. Lucie County 2016 Federal Legislative Agenda 8.B.1.a t _i� 4A VAN SCOVOC ASSOCIATES Water Resources and Environment St. Lucie County Federal Beach Nourishment Projects Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support Corps funding of the St. Lucie County feasibility study. Support Corps funding and participation for the completion of the General Reevaluation Report for the Fort Pierce project as well as the renourishment of the Fort Pierce project. Support efforts to regionally plan and advocate for shore protection projects. Monitor the search for additional offshore sand by the Corps of Engineers for future southeast Florida nourishment projects. Comprehensive Everglades Restoration Plan Support the continuing implementation of all facets of Everglades restoration, including: • Complete the entire Indian River Lagoon -South project, including the C-23 and C-24 reservoir projects and associated storm water treatment area; • Authorize the Central Everglades Planning Project; • Full funding for the restoration of the Herbert Hoover Dike; • Complete the Kissimmee River restoration project; • Full funding for the Tamiami Trail bridging project to send more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods; and • The successful execution of the Ten Mile Creek transfer agreement between the Jacksonville Corps District and the South Florida Water Management District. Port of Fort Pierce: Port Development and Inlet Maintenance Dredging Support County or other permit applications for purposes of Fort Pierce port development. Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Waters of the United States Monitor activity related to the implementation of the EPA's rule on Waters of the U.S. Oppose any aspects of the rule that could lead to unrealistic and over -burdensome regulations that would negatively affect St. Lucie County. Energy Exploration Oppose the potential expansion of energy exploration in Florida. Transportation All Aboard Florida/Brightline Oppose the Brightline passenger rail expansion project as currently proposed. Treasure Coast International Airport Support efforts to establish an independent customs office at the Treasure Coast International Airport. Support the creation of a Federal Inspection Station at the airport to allow for scheduled charter or other regular air service. Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support efforts to provide a reimbursable fee agreement for the Treasure Coast International Airport so local businesses or other entities may request longer Customs hours or additional staff. Support any Page 1 3 Packet Pg. 32 8.B.1.a t VAN SCOVOC ASSOCIATES Treasure Coast International Airport grant proposals through the Airport Improvement Program. Monitor the FAA reauthorization proposals for negative impacts to the Treasure Coast International Airport, particularly with regard to privatized air traffic control. Transportation Authorization Monitor proposed changes to federal highway and transit programs. Monitor efforts to enhance federal transportation revenue streams. Oppose efforts that would allow heavier trucks on Interstates. Support any and all opportunities to secure funding for St. Lucie County priorities via the FAST Act or other means. Economic Development & Social Services National Institutes of Health Funding Support continued adequate funding for the National Institutes of Health due to the importance of such funding to regional research facilities. Mental Health Care Support legislation that responsibly expands treatment options for the mentally ill. Aging Issues Support adequate federal funding for Alzheimer's and dementia research at the National Institute on Aging. Support continued adequate annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County. Economic Development Administration Support continued annual funding of the Economic Development Administration. Support any St. Lucie County Economic Development Administration grant applications as applicable. Excise Tax on High -Cost Health Insurance Plans Support efforts to repeal the excise tax on high -cost health insurance plans (a.k.a. the Cadillac tax) within the Affordable Care Act. Community Services Block Grants & Low Income Home Energy Program Funding Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Program. Department of Housing and Urban Development Formula Programs Support adequate funding for future fiscal years for both the HOME Investment Partnerships and the Community Development Block Grants programs because of their critical role in the County's overall efforts to support those that are least fortunate. Federal Criminal Justice Reform Support legislation that seeks to improve the federal criminal justice system, including improvements to mental health services for offenders. Local Government Issues Citrus Issues Support federal efforts to benefit the citrus industry given its large importance to the economy of St. Lucie County. Page 1 4 Packet Pg. 33 COUNTY 1� F L O R I D A 8.B.1.a t 49i VAN SCOVOC ASSOCIATES Tax -Exempt Bonds Oppose legislation that would threaten the tax exemption on state and local bonds, including a 28 percent cap on tax-exempt municipal bonds. Remote Sales -Tax Legislation Support legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. Support federal tax policies that maintain revenue streams to local governments. Transient Occupancy Taxes Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. Page 1 5 Packet Pg. 34 COUNTY F L O R I D A FEDERAL ISSUE: St. Lucie County Federal Beach Nourishment Projects 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The federal government and St. Lucie County have long partnered on the Fort Pierce shore protection project and the St. Lucie County shoreline feasibility study, the latter of which is evaluating erosion along the southern shoreline of the County. Fort Pierce Beach Project To fund beach nourishment projects and studies that are generally not budgeted for by the Administration, Congress has appropriated additional funding for what Congress terms "Additional Funding for Ongoing Work." In Fiscal Year (FY) 2016, Congress provided $40 million in additional funding to the Corps for "shore protection" construction activities, as well as $2.5 million for "shore protection" investigations (studies). These will likely be the funding sources from which the Fort Pierce beach project and the St. Lucie County feasibility study must compete in the future. The Fort Pierce beach project was partially renourished using primarily Hurricane Sandy funding provided by Congress for emergency inlet maintenance dredging activities. Then, in the FY 2014 omnibus, the project was provided an additional $5.2 million for the recently completed renourishment in May of 2015. Additional funding will be required in the 2016 Corps' work plan for the next planned nourishment in spring 2017. In addition, the federal authorization for the Fort Pierce beach project is set to expire in 2020. The County is working with the Corps to secure a new 50-year lifespan of the project without having to restart the federal process of studies and authorizations from scratch. The Water Resources Development Act (WRDA) of 1999 provided the Corps with the authority to undertake a General Reevaluation Report (GRR) for the primary purpose of incorporating one additional mile to the original 1.3-mile project length. After monitoring the performance of the initial beach nourishment project in 1999, it was evident that the rapid migration of sand southward along the shoreline negated the need for the one -mile extension. Efforts on the GRR continued moving forward with consideration to include: 1) coastal structures to manage the high erosion area immediately south of Ft. Pierce Inlet; 2) Section I I I inlet impacts to increase the federal cost share; 3) revisions to the nourishment cycle to 2 years; and 4) justification for a new 50-year federal project. A Limited Reevaluation Report (LRR) was subsequently completed that increased the federal cost share and revised the nourishment cycle to two years, while the GRR continued moving forward to address the structures and 50-year project life. Since 2005, the County has continued to work closely with Taylor Engineering to assist the Corps' Jacksonville District with preparation of the latest draft GRR for review by higher Corps authority. Due to issues with the structure modeling, it was agreed to move forward with a new 50-year project life only; the structures will be considered again in the future. The Jacksonville District recommended the County (acting as the local sponsor) complete the GRR as allowed under WRDA 2014 and submit the report to the Secretary of the Army as a completed feasibility study. With guidance having been released by Corps Headquarters and productive discussions having subsequently taken place, the County and Taylor Engineering will now work to complete the study in the near future. Page 1 6 Packet Pg. 35 8.B.1.a t VAN SCOVOC ASSOCIATES St. Lucie County Feasibility Study With regard to the south County feasibility study, the study received $50,000 in the FY 2014 omnibus, which was used to re -scope the project to meet the new 3x3x3 requirement codified by WRRDA. An additional $414,000 in FY 2014 funding was later provided to reinitiate efforts on the feasibility study and should keep the study moving along well through at least the end of FY 2015. Then, the St. Lucie County Shoreline Feasibility Study received an additional $850,000 from the Corps in the FY 2015 Work Plan and will need an expected $295,000 in FY 2017 to complete the study and move towards construction. Sediment Assessment and Needs Determination Study Meanwhile, the Florida Department of Environmental Protection (FDEP) and the Corps of Engineers conducted a Sediment Assessment and Needs Determination (SAND) Study of the supply of offshore sand resources and the demand for this sand to conduct beach nourishment in southeast Florida. The five coastal counties (St. Lucie through Miami -Dade) participated in the study to determine the regional supply and demand for beach quality sand for all shore protection projects over the next 50 years. FDEP has ceased previous efforts to participate with the Corps and the Bureau of Ocean Energy Management to develop a Regional Agreement for the management of offshore sand resources within southeastern Florida. On a related note, the Dade County Limited Reevaluation Report (LRR) and Environmental Assessment (EA) is evaluating the use of a new sand source for the Dade County Beach Erosion Control and Hurricane Protection Project, which could include sand resources off the coast of St. Lucie County. The final report will be sent to the South Atlantic Division early in 2016. Approval of the report could occur a month or more after it is submitted to Atlanta. The County commented to the Corps that for a variety of reasons, a broader Environmental Impact Study is more appropriate for this study rather than simply an EA. RECOMMENDED POSITION: Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support Corps funding of the St. Lucie County feasibility study. Support Corps funding and participation for the completion of the General Reevaluation Report for the Fort Pierce project as well as the renourishment of the Fort Pierce project. Support efforts to regionally plan and advocate for shore protection projects. Monitor the search for additional offshore sand by the Corps of Engineers for future southeast Florida nourishment projects. Page 1 7 Packet Pg. 36 8.B.1.a t VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Comprehensive Everglades Restoration Plan BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In 2000, Congress authorized a 30- year plan, termed the Comprehensive Everglades Restoration Plan (CERP), for the restoration of the Everglades ecosystem in southern Florida. CERP generally focuses on increasing the storage of excess water in the rainy season to provide more water during the dry season for the ecosystem and for urban and agricultural users. When originally authorized, it was estimated that CERP would cost a total of $8.2 billion and take approximately 30 years to complete. More recent estimates indicate the plan may take 50 years to implement, and could cost $13.5 billion. Under CERP, the federal government (through the U.S. Army Corps of Engineers and the Department of the Interior) is expected to fund half of the costs for restoration, with an array of state, tribal, and local agencies paying the other half. In addition to activities under CERP, a number of other federal and state efforts that pre -date CERP (known collectively as "non-CERP," or "Foundation" activities) also contribute to Everglades restoration. Since passage of CERP in 2000, federal investment in the Everglades has increased. By the end of FY 2015 the federal government had provided more than $1 billion in funding for CERP, with the state providing matching funds, as well as advanced funding for land acquisition and construction for expected future CERP projects. Federal funding for non-CERP activities has also continued over this time period, estimated to total more than $2 billion as of 2015. Each year, St. Lucie County participates in the 16 County Coalition trip to Washington, DC to advocate on behalf of Everglades restoration activities. The 16 participating counties are all part of the South Florida Water Management District (SFWMD). The following Coalition and County priorities contribute to the health and welfare of the regional environment, as well as the economic health of the County and surrounding areas. Indian River Lagoon -South The County remains extremely interested in completion of the entire Indian River Lagoon -South (IRL-S) project, particularly construction of the C-23 and C-24 reservoirs and associated storm water treatment area (STA). The IRL-S project is a component of CERP, and was first authorized by Congress in 2007. hi Fiscal Years 2014-15, the Florida State Legislature appropriated $20 million, which will, in part, be used to purchase water conservation land along the C-23 and C-24 canals. The County has agreed to also contribute by providing $1 million toward the purchase of conservation land. In 2015, the Integrated Delivery Schedule (IDS) for federal Everglades restoration efforts was updated and includes these projects. According to the new IDS, design and PPA execution will occur beginning in 2018 and 2019 for the two reservoirs, respectively. There is still land that must be acquired for at least one of the reservoirs by the non-federal sponsors prior to construction commencing. The Task Force utilizes the IDS to determine the proposed sequencing of projects, which makes it important for the completion of the C-23 and C-24 reservoirs and STA. Central Everglades Planning Project The St. Lucie River and the Indian River Lagoon feel the brunt of Lake Okeechobee management during periods of rainy conditions. Too often in the wet season, the River and Lagoon suffer from excessive storm water runoff from areas upstream of St. Lucie County, as well as massive releases of nutrient -laden water from Lake Okeechobee and its watershed. Page 1 8 Packet Pg. 37 8.B.1.a t VAN SCOVOC ASSOCIATES To help address these issues, the Corps began the Central Everglades Planning Project (CEPP), which will identify projects on land already in public ownership to allow more water to be directed south to the central Everglades, Everglades National Park and Florida Bay while protecting the St. Lucie and Caloosahatchee estuaries. After several delays, the Corps issued its Chief s Report for the project in August 2014. Unfortunately, the Report missed the deadline for inclusion in the Water Resources Reform and Development Act (WRRDA) of 2014, which was passed and signed into law in June of 2014. This bill did authorize, however, the C-43 reservoir, the C-111 spreader canal, the Biscayne Bay coastal wetlands, and the Broward County preserve area. To more quickly address CEPP's authorization, Representatives Patrick Murphy (D-FL) and Tom Rooney (R-FL), and Senators Bill Nelson (D-FL) and Marco Rubio (R-FL), introduced stand-alone bills in their respective chambers in January 2015 to authorize CEPP. The authorization for CEPP should be included in a future Water Resources Development Act (WRDA). House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) has already indicated he will begin working on a new WRDA bill in early 2016. Herbert Hoover Dike Meanwhile, the Corps continues work on Herbert Hoover Dike, the 143-mile structure surrounding Lake Okeechobee, which provides the largest amount of storage for the Everglades system. Since 2007, the Corps has invested over $300 million in projects designed to reduce the risk of catastrophic failure of the aging structure. Actions taken include installing a cutoff wall, removing and replacing water control structures (culverts), and conducting a variety of studies and technical reviews to help ensure the safety of south Florida residents and ultimately provide for more water storage in the Lake. The Corps is also nearly finished restoring the Kissimmee River, a tremendous achievement. Ten Mile Creek Following the deauthorization of the Ten Mile Creek project from federal control in the FY 2016 omnibus, appropriations bill, the County remains interested in the fate of the Ten Mile Creek Water Preserve Area. This project was originally designed to be an above ground reservoir capable of storing up to 6,000 acre feet of water, with an associated stormwater treatment area that was intended to improve the health of the St. Lucie Estuary. Unfortunately, the project has never functioned as designed, leaving unresolved water quality issues. In order to correct these issues, the SFWMD offered to assume responsibility for the project in order to bring it into operation. This required Congress to deauthorize the project via legislation. Following the passage of the project's deauthorization, the Jacksonville Corps District is now working to execute a transfer agreement to fully pass responsibility of the project to SFWMD. RECOMMENDED POSITION: Support the continuing implementation of all facets of Everglades restoration, including: • Complete the entire Indian River Lagoon -South project, including the C-23 and C-24 reservoir projects and associated storm water treatment area; • Authorize the Central Everglades Planning Project; • Full funding for the restoration of the Herbert Hoover Dike; • Complete the Kissimmee River restoration project; • Full funding for the Tamiami Trail bridging project to send more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods; and • The successful execution of the Ten Mile Creek transfer agreement between the Jacksonville Corps District and the South Florida Water Management District. Page 1 9 Packet Pg. 38 TTToh' @11@1� '4I: COUNTY F LORI D A 8.B.1.a 1 49i VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Port of Fort Pierce: Port Development and Inlet Maintenance Dredging BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Dredging of the Fort Pierce Inlet and Harbor by the Army Corps of Engineers was completed in November of 2014, using funding from the Hurricane Sandy emergency supplemental bill. This dredging restored the inlet channel and interior turning basin to the maximum permitted depth of 28 feet. The next maintenance dredging will be needed prior to approximately five years. To fund dredging projects that are not generally budgeted for by the Administration, Congress has added additional funding for what Congress terms "Additional Funding for Ongoing Work." Among these amounts, Congress in Fiscal Year (FY) 2016 provided $48 million in additional funding to the Corps for "Small, Remote, or Subsistence Navigation" Operations & Maintenance (O&M) activity, which is an increase from the FY 2015 funding level of $42.5 million. This is the funding from which the Fort Pierce Inlet must compete in the future to maintain the channel. Meanwhile, the County has aggressive plans to develop the Port of Fort Pierce in partnership with private entities to create economic opportunity and jobs for the region. With that anticipated development will come a need for a number of federal permits, some of which could pose unique challenges and require engagement with federal resource agencies. RECOMMENDED POSITION: Support County or other permit applications for purposes of Fort Pierce port development. Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Page 1 10 Packet Pg. 39 COUNTY F L O R I D A FEDERAL ISSUE: Waters of the United States 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: A series of decisions by the U.S. Supreme Court over the past decade imposed restrictions on the scope of wetland regulation governed by Section 404 of the Clean Water Act (CWA) that regulate "dredge and fill" activities in navigable waters and their adjacent wetlands. Opponents of these restrictions have urged Congress to redefine waters of the U.S., and apply that definition to all aspects of the CWA. As legislation along those lines failed to pass previous Congresses, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE) over the past several years developed guidance first, and now a final rule, to redefine WOTUS. There is concern that this effort significantly expands the definition of WOTUS to include tributaries, ditches, canals, and other water bodies that can potentially drain into navigable waters, interstate waters, or the territorial seas. These water bodies are likely to be subject to new requirements, and some waters currently covered by a permit could be subject to additional monitoring and regulation when those permits are renewed. Despite a significant amount of opposition to the rule, Congress has thus far been unsuccessful in its attempts to block or alter implementation of the rule. The House passed H.R. 1732 in May of 2015, which would withdraw the rule and call for a new rulemaking process that engages state and local governments. The Senate failed to pass a similar bill, but did pass a resolution of disapproval against the rule. The House also passed this resolution, but it was vetoed by the President. Meanwhile, efforts to include a "policy rider" on the FY 2016 omnibus that would ban the use of federal funds to implement WOTUS during the fiscal year were unsuccessful. Omission of this was likely part of the tradeoff between supporters of lifting the export ban on crude oil and environmentalists. Ultimately, the Courts are likely to decide the fate of WOTUS. In August of 2015, a federal judge in North Dakota found that 13 states suing to block implementation of the rule met the conditions for a preliminary injunction, halting implementation of the rule in those states. Florida was not one of them. Then, in October of 2015, the Sixth Circuit Court in Cincinnati issued a nationwide stay on WOTUS to allow for a more deliberative determination of whether the rule is "proper under the dictates of law." This means all implementation of the rule is currently halted. It may take years for this to be fully resolved. RECOMMENDED POSITION: Monitor activity related to the implementation of the EPA's rule on Waters of the U.S. Oppose any aspects of the rule that could lead to unrealistic and over -burdensome regulations that would negatively affect St. Lucie County. Page 1 11 Packet Pg. 40 COUNTY F L O R I D A FEDERAL ISSUE: Energy Exploration BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: 8.B.1.a t 49i VAN SCOVOC ASSOCIATES Offshore Energy Development Active energy drilling currently occurs in both the western and central Gulf of Mexico, while nearly the entire eastern Gulf is protected from drilling until 2022 by the Gulf of Mexico Energy Security Act of 2006 (GOMESA). Drilling does not currently occur off of the Atlantic coast of Florida. State waters in the Atlantic extend three miles from shore, with the federal government controlling waters beyond that point. For many years, the federal government has developed five-year Outer Continental Shelf (OCS) Oil and Gas Leasing programs to guide energy exploration activities in federal waters. The most recent plan, developed for 2012-2017, did not propose to lease any areas in the Atlantic OCS for oil and gas drilling. However, the Administration's plan did indicate that it would allow seismic analyses to determine energy resource potential in areas of the Atlantic OCS from Delaware to parts of Florida (approximately north of Brevard County). In 2014, the Department of Interior's (DOI) Bureau of Ocean Energy Management (BOEM) finalized a Programmatic Environmental Impact Statement (PEIS) on seismic air -gun testing for offshore oil and gas exploration in the Atlantic Ocean, which opens the door for the first new oil and gas surveys in three decades. Specifically, the plan allows for the deployment of high -volume air -guns in federal waters to pinpoint the depth and size of oil and gas deposits. While it is viewed by many to include stringent regulations to mitigate against the effects these air guns may have on wildlife, some argue that the testing will still have devastating impacts on the affected areas. The PEIS was accepted in July of 2014 and seismic testing is expected to begin soon. Should the analysis of the seismic surveys be completed in time for potential inclusion in the next DOI OCS Oil and Gas Leasing Program for 2017-2022, some believe that drilling could take place in areas identified as having resource potential as early as 2020. Senator Nelson and 10 other members of the Florida delegation sent a letter to President Obama expressing their disapproval of the decision, citing the effects seismic testing could have on Florida's wildlife and fisheries. Meanwhile, BOEM is currently preparing a new OCS Oil and Gas Leasing Program for 2017-2022, which recommends opening up part of the Atlantic OCS for one lease sale to perform drilling off the coast between Virginia and Georgia in 2021. The precise location of this sale will be selected after it is determined where the most resource potential exists. Congress also continues working toward opening up additional offshore energy exploration. The Senate Energy and Natural Resources Committee approved a bill titled the Offshore Production and Energizing National Security (OPENS) Act that would allow new energy production on the Outer Continental Shelf (OCS) in the eastern Gulf of Mexico, the South Atlantic, and in the waters off of Alaska. The OPENS Act would also expand offshore revenue sharing to Florida in 2017 for leases in the eastern Gulf of Mexico. Currently, only Texas, Louisiana, Mississippi, and Alabama receive revenue from offshore drilling activities in the Gulf of Mexico. The bill would also direct the Interior Department to hold lease sales in the eastern Gulf in 2018, 2019, 2020, and after 2022. Page 1 12 Packet Pg. 41 8.B.1.a t VAN SCOVOC ASSOCIATES In response to the Committee's approval of the OPENS Act, Senator Bill Nelson sent a letter to Majority Leader Mitch McConnell (R-KY) and Minority Leader Harry Reid (D-NV) saying he would use "all available procedural options to block it." Full consideration of the bill on the Senate floor remains uncertain. In the House, meanwhile, members approved an amendment from Rep. David Jolly (R-FL, Pinellas County) to the Fiscal Year (FY) 2016 Interior and Environment Appropriations bill that would prohibit spending FY 2016 dollars on researching, investigating, or studying drilling in the eastern Gulf of Mexico. This amendment, however, was not included in the final FY 2016 omnibus. Unfortunately, momentum for expanded offshore energy development continues in both Congress and the Administration. The OPENS Act, and other similar pieces of legislation, will face a considerable uphill climb in Congress, but as the Administration becomes increasingly amenable to offshore energy exploration and harvesting, we could see additional areas opened for leasing. Onshore Energy Development (Hydraulic Fracturing) The rapid expansion of oil and gas extraction using hydraulic fracturing — both in rural and more densely populated areas — has raised concerns about its potential environmental and health impacts. These concerns have focused primarily on potential impacts to groundwater and surface water quality, public and private water supplies, and air quality. Recently, the Burnett Oil Company submitted a proposal to the National Park Service (NPS) to conduct a seismic survey of 110 square miles within Big Cypress Preserve. The NPS completed an Environmental Assessment (EA) for the proposal and took public comments on the EA until January 4. States broadly regulate oil and gas exploration and production on non-federal lands. In Florida, oil and gas extraction activities are managed by the Department of Environmental Protection. State laws and regulations governing unconventional oil and natural gas development have evolved in response to changes in production practices, largely due to the use of high -volume hydraulic fracturing in combination with directional drilling. However, state regulations vary considerably, leading to calls for more federal regulation of unconventional oil and natural gas extraction activities. In March of 2015, DOI finalized regulations for hydraulic fracturing on public lands, which will allow government workers to inspect and validate the safety and integrity of barriers lining the fracking wells, require companies to publically disclose the chemicals used in fracturing, and set safety standards for how companies can store and dispose of used fracking chemicals. The rule only applies to federal lands, and states still retain control of hydraulic fracturing on state and private lands. hi response to the rule, proponents of hydraulic fracturing introduced legislation to weaken the rule. Sen. James Inhofe (R-OK) introduced the Fracturing Regulations are Effective in State Hands Act (S. 828), which would give states sole authority over hydraulic fracturing on any land within their boundary and require that hydraulic fracturing on federal land comply with the laws and regulations of the state in which the land is located. The bill currently has 28 cosponsors. Meanwhile, supporters of increasing federal regulations for hydraulic fracturing have also introduced legislation. Rep. Matt Cartwright (D-PA) introduced the Closing Loopholes and Ending Arbitrary and Needles Evasion of Regulations (CLEANER) Act of 2015, which would close a loophole that allows oil and gas producing companies to avoid hazardous waste disposal requirements. The bill has 100 cosponsors. In addition, Rep. Diana DeGette (D-NY) introduced the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act in the House (H.R. 1482) and Sen. Bob Casey (D-PA) introduced a Senate Page 1 13 Packet Pg. 42 8.B.1.a Q& VAN SCOVOC ASSOCIATES version of the bill (S. 785) in March of 2015. Those bills would define hydraulic fracturing as a federally regulated activity under the Safe Drinking Water Act, which would subject fracking activity to underground drinking water protections and require industry to disclose the chemicals used in hydraulic fracturing. The bills have 62 and 11 cosponsors, respectively. RECOMMENDED POSITION: Oppose the potential expansion of energy exploration in Florida. i a g Packet Pg. 43 COUNTY F L O R I D A FEDERAL ISSUE: All Aboard Florida/Brightline 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In 2012, Florida East Coast Industries (FECI) introduced a proposal for a privately -funded service known as All Aboard Florida (AAF), which was later renamed to Brightline. Brightline proposes new intercity express rail service between downtown Miami and Orlando, with additional stations in downtown Fort Lauderdale and downtown West Palm Beach, but no stops on the Treasure Coast. Brightline is expected to provide sixteen daily round-trip trains, totaling 32 additional trains on the corridor with maximum speeds of 79 MPH south of West Palm Beach, 110 MPH between West Palm Beach and Cocoa, and 125 MPH from Cocoa to Orlando. The FEC rail corridor is proposed to also continue carrying freight service, which is projected to increase significantly as well. FECI originally applied for a $1.6 billion "Railroad Improvement and Investment Fund" loan from the Federal Railroad Administration (FRA). However, after concerns from local, state, and federal entities, FECI withdrew its application for the loan and introduced plans to finance the rail line through private activity bond allocations. FECI's request to do so was approved by the Florida Development Finance Corporation. As currently proposed, Brightline concentrates public benefits only in communities where stations are planned (West Palm Beach, Fort Lauderdale, Miami, and Orlando), bypassing Martin, St. Lucie, and Indian River counties entirely. However, all local governments along the corridor will incur costs and impacts of different forms. To accommodate both passenger and freight service in the corridor, FECI proposes to install a second track from Miami to Cocoa within FEC's current right-of-way, which will require reconstruction of 352 existing grade crossings. Although not necessarily required by current grade crossing agreements, FECI has indicated it will fund the cost of safety improvements necessary for the operation of the proposed Brightline service. The added safety improvements and equipment to be installed by FECI may help in achieving quiet zone designations at selected grade crossings, but will not fully mitigate impacts to the communities. It is expected that additional infrastructure will be required at many grade crossings to increase the safety rating sufficient for quiet zone designation. In St. Lucie County, there are 23 railroad crossings along the FECI tracks that are maintained in whole or part by the County. In January 2016, the Army Corps of Engineers declined to approve Brightline's permits for the northern section of the rail line in Indian River and Brevard Counties due to concerns about damage to federal waters, particularly wetlands. The Corps indicated it would reconsider Brightline's request once the environmental review is completed and approved by the FRA. A timeline for that is currently unknown. In Congress, Representative Jeff Denham (R-CA), the chair of the House Transportation and Infrastructure Committee's Subcommittee on Railroads, has expressed interest in producing rail legislation related to safety issues and attracting private investment. RECOMMENDED POSITION: Oppose the Brightline passenger rail expansion project as currently proposed. Page 1 15 Packet Pg. 44 8.B.1.a t VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Treasure Coast International Airport BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In February 2012, Congress passed an authorization of the Federal Aviation Administration (FAA), which extended the program through Fiscal Year (FY) 2015. Congress then passed a short-term extension through March 31, 2016. Congress will either pass a new or extended FAA authorization prior to that date. A new FAA measure may include reforms such as updated software systems and a discussion of increases in taxes and fees. Among other things, the FY 2012 legislation authorized $3.35 billion annually for the Airport Improvement Program (AIP). AIP is a federal grant program that provides funds to public airports to improve safety and efficiency. The program is funded through taxes on airplane tickets and aviation fuel. This funding stream is critical to improvements at the Treasure Coast International Airport and is subject to annual appropriations by Congress. In its FY 2016 budget, the Administration again proposed a reduction in funding for AIP from $3.35 billion in FY 2015 to $2.9 billion by eliminating guaranteed funding for large and medium hub airports The purpose of the proposal was to focus federal grant support on smaller commercial and general aviation airports that are less likely to have access to additional revenue or other outside sources of capital. The Treasure Coast International Airport is a general aviation airport. At the same time, the budget again proposed to allow larger airports to increase non-federal passenger facility charges (PFC), thereby giving larger airports greater flexibility to generate their own revenue. However, in the final FY 2016 omnibus appropriations bill, this was rejected by Congress, and the AIP program received its fully authorized limit of $3.35 billion. Authorized by Congress in 1992, the PFC allows commercial airports controlled by public agencies to charge $3.00 per passenger through airline tickets. The PFC cap was raised in 2001 to $4.50, but has not been increased since. Several airport groups, including the American Association of Airport Executives, advocate for local authority to raise the cap to $8.50 per enplanement in order to meet current needs and prepare for future demand. Treasure Coast International Airport Customs Facility The Treasure Coast International Airport's (KFPR) Customs office in Fort Pierce is managed by the Palm Beach Customs office. As such, all requests for service must first be approved by the Palm Beach office. This creates problems because, as an example, the Fort Pierce Custom's officers must have overtime requests approved by Palm Beach, making it difficult to meet the dynamic needs of the busy airport. The airport had another fantastic year in 2015, welcoming over 4,500 flights and 18,000 passengers on flights to our region. These passengers and planes operate for recreational and business purposes and stop at the airport to clear Customs before continuing their journey or remaining for a stay. For six years in a row, the Fort Pierce Customs office has been voted the number one inspection station in the entire country by a popular flying magazine. A large majority of the aircraft are not based in St. Lucie County and stop at the airport for the sole reason of clearing Customs and maybe filling up on gas or food. For St. Lucie County, the benefit of having these visitors is that they all get to see all of the great assets the airport has to offer, including a paint shop, maintenance facilities, etc. Most of the over 50 businesses and 1100 employees based at the airport, as well as many boat manufacturers in the immediate area, enjoy some benefit from the Customs office. Given that, the Custom's operation is VITAL to everything the airport Page 1 16 Packet Pg. 45 8.B.1.a t VAN SCOVOC ASSOCIATES does and the County does all it can to support the Customs office. For example, the County currently has a $2.1M renovation project for Custom's to put them in a new built -to -suit building. With that in mind, the County would like for its airport to become its own port of entry rather than a landing rights field under the jurisdiction of the Port of Palm Beach. The County believes this removal of bureaucracy would help make the office more efficient and boost the County's efforts to further improve its airport. Finally, with respect to added Customs staff or additional hours, the County may benefit from existing law that allows for reimbursable fee agreements to pay for additional Customs staff. Generally, businesses or other entities utilizing such additional staff or hours will pay for the added services through a reimbursable fee agreement with the airport and the Customs office. Federal Inspection Station Finally, the County needs a Customs Federal Inspection Station at the airport so they may accept scheduled charter flights or other regular air service in the future. The County's goal is to have the Station by October 1 so flights may begin November 1. RECOMMENDED POSITION: Support efforts to establish an independent customs office at the Treasure Coast International Airport. Support the creation of a Federal Inspection Station at the airport to allow for scheduled charter or other regular air service. Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support efforts to provide a reimbursable fee agreement for the Treasure Coast International Airport so local businesses or other entities may request longer Customs hours or additional staff. Support any Treasure Coast International Airport grant proposals through the Airport Improvement Program. Monitor the FAA reauthorization proposals for negative impacts to the Treasure Coast International Airport, particularly with regard to privatized air traffic control. i a g Packet Pg. 46 8.B.1.a VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Transportation Authorization BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: After the passage of several short- term authorizations following the expiration of MAP-21 in 2014, Congress finally passed, and the President signed, a five-year surface transportation authorization called the Fixing America's Surface Transportation (FAST) Act. The FAST Act generally maintains many of MAP-21's reforms, but makes a few changes to existing surface transportation programs, as well as slightly increases funding for those programs. One of the most significant changes within the FAST Act is the conversion of the Surface Transportation Program from its current form to a new Surface Transportation Block Grant Program, which will allow states greater flexibility in utilizing the funds. In addition, the bill increases the amount suballocated to localities and MPOs by population by one percent annually, increasing from the current 50 percent to 55 percent by 2020. This means the County can expect to see an increase in formula highway funding beginning in FY 2016. In addition, the FAST Act increases formula funding for federal public transit programs by approximately 10 percent in FY 2016, and increasing slightly each year after that to adjust for inflation. The bill also reinstates the competitive grant program within the Bus and Bus Facilities Program. This grant is designed to provide funds to rehabilitate or replace buses or bus equipment and/or construct bus facilities. It also includes funding for low- or no -emissions buses. Under MAP-21, the program became solely formula, but under the FAST Act the program is now both formula and competitive. The FAST Act also provides dedicated funding for intelligent transportation systems, as well as other investments in innovation and technology, and establishes a competitive grant program to promote the use of innovative transportation solutions for congestion management. While this is a good step forward, the funding for these programs makes up only a small portion of the total safety funds authorized in the bill and does not provide significant increases over current funding levels. Lastly, the FAST Act does not include language to increase weight or length limits for trucks traveling on the National Highway System. In developing the FAST Act, Congress did not address the need for a long-term, sustainable plan to finance our nation's transportation infrastructure. Fuel taxes, which provide most of the money for surface transportation, do not provide a solid long-term foundation for generally desired transportation funding growth, even if Congress were to raise them modestly. Instead, the FAST Act relies on various budget gimmicks to fund surface transportation programs over the next five years, such as surplus money from the Federal Reserve, reducing the amount of interest the Fed pays to banks, and selling off part of the Strategic Petroleum Reserve. Without the creation of a long-term, sustainable funding source, the Highway Trust Fund's deficit will continue to grow over the next five years, making future authorizations increasingly difficult. The choice then becomes finding new sources of income for an expanded program, or alternately, to settle for a smaller program that might look very different than the one currently in place. Less federal funding via a future transportation reauthorization bill would mean significantly less funding available to FDOT, and ultimately St. Lucie County, to support both surface transportation and transit projects and programs. Page 1 18 Packet Pg. 47 8.B.1.a VAN SCOVOC ASSOCIATES RECOMMENDED POSITION: Monitor proposed changes to federal highway and transit programs. Monitor efforts to enhance federal transportation revenue streams. Oppose efforts that would allow heavier trucks on Interstates. Support any and all opportunities to secure funding for St. Lucie County priorities via the FAST Act or other means. i a g Packet Pg. 48 T0Lvi[ lir� COUNTY F L O R I D A FEDERAL ISSUE: National Institutes of Health Funding 8.B.1.a ( I __ 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The National Institutes of Health (NIH) is the nation's medical research agency and the leading source of funding for medical research in the world. The NIH, which is part of the U.S. Department of Health and Human Services, is comprised of several different Institutes and Centers that each support specific areas of health -related research. Torrey Pines Institute for Molecular Studies (TPIMS), which is located within St. Lucie County, is a non- profit institute dedicated to conducting basic research to advance the understanding of human disease and the improvement of human health. TPIMS relies upon NIH research funding to conduct vital medical research, including addiction, Alzheimer's, arthritis, cancer, diabetes, heart disease, infectious disease, inflammatory disorders, multiple sclerosis, obesity, pain management, regenerative medicine and new methods for drug discovery. Meanwhile, St. Lucie County was previously home to the Vaccine & Gene Therapy Institute of Florida (VGTI), which was a non-profit biomedical research institute dedicated to understanding the roles of the immune system and genes in diseases, as well as innovative treatments. However, VGTI was forced to close down in October 2015 due to a lack of funding. Like TPIMS, VGTI also relied on NIH research grant funding to support their mission. Until FY 2016, the NIH had received relatively flat -funding since the mid-1990s. This means that, when adjusted for inflation, NIH's purchasing power declined by over 21 percent. The NIH was funded at $29.3 billion in Fiscal Year (FY) 2015, with the Administration requesting $31.3 billion in its FY 2016 budget request. Congress, however, provided the NIH a seven percent increase in funding in the FY 2016 omnibus, which brought NIH funding above pre -sequestration levels to $32 million. Given the vital role that NIH funding plays in supporting the operations of TPIMS, this increase is beneficial for the organization. However, it is vital that adequate funding continue in order to keep TPIMS open and operating. Should funding lag, TPIMS, like VGTI, may be forced to close its doors or relocate, resulting in the loss of many high -skill, high -wage jobs within St. Lucie County. RECOMMENDED POSITION: Support continued adequate funding for the National Institutes of Health due to the importance of such funding to regional research facilities. Page 1 20 Packet Pg. 49 COUNTY F L O R I D A FEDERAL ISSUE: Mental Health Care 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: It is estimated that more than 50 million Americans experience some form of mental illness each year, with 11 million considered severely mentally ill. Millions of those who suffer (approximately 40 percent), however, are not able to access the treatment they need. Even when care is delivered, it is often delayed for more than two years after the illness first appears. There has been a renewed interest in mental health care over the past several years. The Patient Protection and Affordable Care Act (ACA, also known as "Obamacare") included significant reforms to mental health coverage. Specifically, the legislation named mental health treatment as an essential health benefit that insurance plans are required to cover. While most large -group plans previously offered some kind of mental health benefits, only 18 percent of small -group and individual plans covered mental health. Furthermore, it is estimated that the Medicaid expansion under the ACA has provided as many as 2.8 million people who suffer from a serious mental illness with coverage. In addition to these provisions, the Administration has begun to implement the 2008 Mental Health Parity and Addiction Equity Act, which requires insurers to cover mental health at a level that is comparable to their physical health coverage. Despite these recent efforts, more can be done to address mental health care. In Congress, Rep. Tim Murphy (R-PA) introduced the Helping Families in Mental Health Crisis Act (H.R. 2646), which would reorient the mental health system from its focus on serving the largest number of highest functioning patients towards providing treatment for the most seriously mentally ill instead. Specific initiatives within the legislation include: replacing the Substance Abuse and Mental Health Services Administration (SAMHSA) with an Assistant Secretary for Mental Health within the Department of Health and Human Services, lifting a 16-bed cap on inpatient psychiatric hospital beds under Medicaid, advancing tele- psychiatry to link primary care doctors with mental health providers in areas where patients do not have access to such services, increasing funding for brain research to better understand the underlying causes of mental illness, extending health IT so mental health providers can better coordinate with primary care physicians, and implementing criminal justice reforms so patients are treated within the healthcare system and not through the justice system, among several other provisions. There are some concerns, however, relating to several controversial provisions within H.R. 2646, including those that would make it easier to require people with severe mental illness to seek treatment against their will, provide families members with access to the mentally ill individual's medical records, and essentially eliminate SAMHSA. Despite these concerns, H.R. 2646 has 168 bipartisan cosponsors. Meanwhile, Sens. Bill Cassidy (R-LA) and John Thune (R-SD) have both introduced similar bills in the Senate — the Mental Health Reform Act of 2015 (S. 1945) and the Family Health Care Accessibility Act of 2015 (S. 2151), respectively. In January 2016, President Obama issued several executive actions related to gun control and mental health. As part of that announcement, President Obama requested $500 million from Congress to increase access to mental health services. Page 1 21 Packet Pg. 50 40LC1fiCIIrNo COUNTY F L O R I D A 8.B.1.a ( I -- 49i VAN SCOVOC ASSOCIATES RECOMMENDED POSITION: Support legislation that responsibly expands treatment options for the mentally ill. i a g Packet Pg. 51 8.B.1.a t VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Aging Issues BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: National Institute on Aging — Funding for Alzheimer's and Dementia Research The National Institute on Aging (NIA), one of the 27 institutes and centers of the National Institutes of Health (NIH), leads the national scientific effort to understand the nature of aging in order to promote the health and well-being of older adults, whose numbers are projected to escalate in the coming years due to increased life expectancy and the aging of the baby boomer generation. According to the U.S. Census Bureau, the number of people age 65 and older will more than double between 2010 and 2050 to 88.5 million, or 20 percent of the population; and those 85 and older will increase three -fold to 19 million. Chronic diseases associated with aging account for more than 75 percent of Medicare and other federal health expenditures. Unprecedented increases in age -related diseases as the population ages are one reason the Congressional Budget Office projects that total spending on healthcare will rise from 17 percent currently to 25 percent of the U.S. gross domestic product by 2025. Alzheimer's disease and related dementias are a particularly dramatic example of the crisis ahead. The NIA reports that as many as 5.1 million Americans currently have Alzheimer's disease, and the incidence is expected to triple to 13.8 million by 2050. The financial burden of Alzheimer's disease on the United States is anticipated to increase exponentially from $307 billion annually to $1.5 trillion as baby boomers age. The NIA is the lead federal agency for research into Alzheimer's disease. Between Fiscal Year (FY) 2003 and FY 2010, scientists at NIA saw a series of nominal increases and cuts that amounted to a 14.7 percent reduction in constant dollars. For FY 2014, Congress provided just $540 million for Alzheimer's disease, while $6 billion went to cancer research, $3 billion to HIV/AIDS, $2 billion to cardiovascular disease, $1.3 billion to heart disease, and more than $1 billion to diabetes. In its FY 2015 appropriations bills, the Senate proposed a $100 million increase for Alzheimer's research, but the final omnibus recommended only a $25 million increase, to $565 million. Then, in FY 2016, Congress provided a huge increase in funding to Alzheimer's research, providing $936 million in the final omnibus appropriations bill. The omnibus also includes an $85 million set aside for the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative, as well as increases the Department of Defense's Alzheimer's research budget by $15 million. Older Americans Act Programs Most federal programs that exist for the delivery of social and nutritional services for the elderly in St. Lucie County emanate from the Older Americans Act (OAA). These include supportive services, congregate nutrition services (meals served at group sites such as senior centers, schools, churches, or senior housing complexes), home -delivered nutrition services, family caregiver support, community service employment, and services to support the health, and prevent the abuse, neglect, and exploitation, of older persons. The majority of the funding for OAA grant programs goes through the Department of Health and Human Services' Administration for Community Living (ACL), which provides formula funds to state and local agencies designated to provide direct services to the elderly. The ACL also offers some competitive Page 1 23 Packet Pg. 52 8.B.1.a t VAN SCOVOC ASSOCIATES opportunities. For St. Lucie County, most of the funds are provided to the Council on Aging of St. Lucie from the Florida Department of Elderly Affairs. The federal government provides some flexibility for spending allocated OAA funds in areas where there is a greater need. These services are available to all persons aged 60 and older, but are targeted to those with the greatest economic or social need, particularly low-income and minority persons and the elderly who live in rural areas. During a time when funding for many federal domestic programs has been significantly reduced, appropriations provided for the ACL have remained relatively stable. Between Fiscal Years (FY) 2013- 2015, funding for the ACL was $1.47 billion, $1.61 billion, and $1.62 billion, respectively. For FY 2016, the Administration proposed a slight increase to $2.1 billion for the ACL and its programs. Congress, however, provided $1.96 billion for the ACL in the FY 2016 omnibus. Though the OAA's authorization expired in FY 2011, Congress has continued to provide funding for these programs through annual appropriations. In July of 2015, Senator Lamar Alexander (R-TN), Chairman of the Senate Health, Education, Labor and Pensions Subcommittee on Primary Health and Aging, reintroduced legislation to reauthorize the OAA. The Older Americans Act Reauthorization Act of 2015 (S.192) is a bipartisan effort with Senator Bernie Sanders (I -VT) and has 25 other cosponsors. It is awaiting consideration at the committee level. RECOMMENDED POSITION: Support adequate federal funding for Alzheimer's and dementia research at the National Institute on Aging. Support continued adequate annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County. F a g Packet Pg. 53 COUNTY F L O R I D A FEDERAL ISSUE: Economic Development Administration 8.B.1.a ( I __ 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Economic Development Administration (EDA) is primarily a granting agency that funds economic development projects throughout the country. Successful projects often leverage roughly 200 new jobs and $24 million in private investment for every $1 million of EDA investment. St. Lucie County has secured these funds in the past for economic development projects, including at the airport. In December 2010, St. Lucie County submitted a grant application to the EDA to help fund an infrastructure project at the Treasure Coast Research Park (TCRP). EDA initially approved the grant, but later rescinded the application due to challenges related to securing private sector commitments of job creation. More recently, in 2013, the Treasure Coast Education, Research and Development Authority (TCERDA) applied for funding for their proposed Sunshine Kitchen Food Business Incubator (SKFBI) project through the EDA's Public Works Investment Assistance Program. The SKFBI project calls for the construction of an 8000 square foot structure on the TCRP campus to house a professionally -equipped commercial kitchen and research lab designed to aid entrepreneurs in the development of commercially viable food ventures. Once constructed, the SKFBI will offer professional business consultative services to assist in developing a business plan for their ventures and serve as a working laboratory to develop, process, market, package, and promote their product. Although this initial request was denied, the County and TCERDA reapplied for funding and were awarded $895,000 in 2014 for the SKFBI project. The project will break ground in June of 2016. The President's Deficit Commission, as well as more recent Congressional initiatives, have proposed the elimination of EDA, as its mission is seen as duplicative by some. In June 2012, the Senate failed to pass the "Economic Development Revitalization Act," which would have reauthorized the Economic Development Administration (EDA) through 2015. EDA's authorization expired in September 2008, but funding via the appropriations process has kept it functioning without an authorization. In addition to reauthorizing EDA, the Senate legislation proposed to increase the authorized funding for the program from $300 to $500 million annually. Despite the failure to pass the legislation, the EDA will continue to operate through the annual appropriations process if provided sufficient funding by Congress. The FY 2015 omnibus appropriations bill provided a modest increase in funding for the EDA from $247 million in FY 2014 to $250 million. The Administration then proposed an additional increase in funding for the EDA in its FY 2016 budget request to just over $273 million. Congress, however, provided $261 million in the final FY 2016 omnibus. RECOMMENDED POSITION: Support continued annual funding of the Economic Development Administration. Support any St. Lucie County Economic Development Administration grant applications as applicable. Page 1 25 Packet Pg. 54 T-0W 1Ve lid COUNTY F LORI D A -44 FEDERAL ISSUE: Excise Tax on High -Cost Health Insurance Plans 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Patient Protection and Affordable Care Act (PPACA), often referred to simply as the Affordable Care Act (ACA) or "Obamacare," was passed by Congress and signed into law in 2010. The primary goal of the ACA was to increase the quality and affordability of health insurance, as well as lower the uninsured rate by expanding public and private insurance coverage. The law includes a number of mechanisms, including individual and employer mandates, insurance exchanges, minimum standards of care, and new taxes/fees to accomplish these goals and reduce the cost of health care. One such mechanism is the excise tax on high -cost health insurance plans, often referred to as the "Cadillac tax." Under the ACA, a Cadillac health plan is defined as a plan with annual premiums exceeding $10,200 for individuals or $27,500 for families. Beginning in 2020, a 40 percent excise tax will be assessed on any dollar amount paid in premiums exceeding the aforementioned values, which, after 2020, will adjust to inflation annually. For example, a $12,000 individual plan in 2020 would pay an excise tax of $720 per covered employee (12,000 - 10,200 = 1,800 x 40% = 720). However, the rate of growth in healthcare costs often outpaces the rate of inflation, meaning employers are likely to pay significantly more each year. The tax, which is estimated to generate roughly $90 billion over the first ten years, is an offset to pay for the ACA. Cadillac plans were targeted for taxation due to the idea that these benefit -rich plans (i.e. low, if any, deductible, little cost -sharing by patients, wider provider networks, greater available health services, etc.) often insulate workers from the high cost of their health care, thereby encouraging the overuse of care. Excessive, and sometimes unnecessary, tests and hospital visits have been shown to raise the cost of U.S. health care overall. Therefore, the tax was designed to discourage employers from choosing these types of plans. The Cadillac tax, however, is hitting public sector employers and workers the hardest, including St. Lucie County. Those who work in the public sector have long -understood that strong health-care benefits are often granted in lieu of higher pay. However, employers must now choose whether to cut employees' health plans so they fall below the Cadillac threshold, pass the tax onto the workers, or pay the tax themselves and make difficult budget cuts elsewhere. Many large employers, both public and private, have already begun laying the groundwork to avoid the 40 percent surcharge by passing more costs down to employees. Originally envisioned as a tool to reduce healthcare costs, the tax in practice looks increasingly like an increase in out-of-pocket costs for workers. The excise tax was originally slated to begin in 2013. However, due to strong concerns expressed by labor groups and others, the ACA was amended by Congress to delay the tax until 2018. Most recently, a provision was included in the FY 2016 omnibus appropriations bill that will delay the Cadillac tax for two additional years, meaning implementation is now set to occur in 2020. The delay is expected to cost $35 million over two years. The omnibus also requires the Comptroller General to complete a study within 18 months on making age and gender adjustments to the Cadillac tax. This is one of the largest complaints about the tax, in that the caps are hard limits and do not take issues such as age, gender, or location into account. Location was notably omitted from the omnibus, but this provision implies that changes could be made in the future to the tax. Page 1 26 Packet Pg. 55 8.B.1.a t VAN SCOVOC ASSOCIATES Despite this, there are still calls for completely repealing the tax. Thus far in the 114' Congress, Reps. Joe Courtney (D-CT) and Frank Guinta (R-NH) have both introduced legislation to repeal the Cadillac Tax - H.R. 2050, the Middle Class Health Benefits Tax Repeal Act and H.R. 879, the Ax the Tax on Middle Class Americans' Health Plans Act, respectively. H.R. 2050 has 122 bipartisan cosponsors and H.R. 879 has 71 Republican cosponsors. In addition, a group of pharmaceutical companies, insurance plans, and unions — unlikely partners on most other issues - registered in early 2015 to lobby as a coalition to fight the Cadillac tax. Given the strong, bipartisan opposition to the Cadillac tax, it is likely that the tax will again be addressed sometime before 2020, through either a full repeal or significant changes to the way it is currently structured. RECOMMENDED POSITION: Support efforts to repeal the excise tax on high -cost health insurance plans (a.k.a. the Cadillac tax) within the Affordable Care Act. i a g Packet Pg. 56 TTTT�L�C1�C IiE � q.. COUNTY F LORI D A 8.B.1.a ( I __ 49i VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Community Services Block Grants & the Low Income Home Energy Program BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Community Services Block Grant (CSBG) program allocates federal funding to alleviate the causes and conditions of poverty in communities. The funds provide for a range of services and activities to assist the needs of low-income individuals, including those addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health. In St. Lucie County, the Community Services Division administers CSBG funding, which is the most flexible funding source the County has for addressing self-sufficiency initiatives. The program has income requirements, yet is not an entitlement program, thereby allowing the County to work with clients that are highly motivated to reduce their dependence on public benefits. The CSBG program has seen level funding over the past few years, receiving $674 million in both FY 2014 and FY 2015. For FY 2016, the Administration requested level funding, which was again granted by Congress in the final FY 2016 omnibus appropriations bill. Meanwhile, the Low Income Home Energy Program (LIHEAP) provides heating assistance to low- income households. Also administered in St. Lucie County, LIHEAP is the only lifeline for some of the most impoverished families and seniors in the community. While LIHEAP is often thought of as a program that benefits northern states, it is equally important in Florida due to the expense of cooling a residence during excessive heat in the summer months. The LIHEAP program has seen reduced funding over the past few years. In FY 2015, the Administration's budget request proposed cutting the program from $3.4 billion in FY 2014 down to $2.8 billion, a greater than 45 percent reduction from FY 2010 when LIHEAP was funded at $5.1 billion. Congress, however, ultimately provided $3.39 billion to LIHEAP in the FY 2015 omnibus. In FY 2016, the Administration requested level funding of $3.39 billion for LIHEAP, with Congress honoring that request in the FY 2016 omnibus. RECOMMENDED POSITION: Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Program. Page 1 28 Packet Pg. 57 TT�L10 11r" COUNTY F L O R I D A FEDERAL ISSUE: Department of Housing and Urban Development Formula Programs 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: St. Lucie County and its two largest cities receive direct allocations of funding from two Department of Housing and Urban Development (HUD) formula programs: the HOME Investment Partnership (HOME) and Community Development Block Grants (CDBG). HOME funds are designed to create affordable housing for low-income households and are awarded annually as formula grants to participating jurisdictions, including St. Lucie County (in partnership with Martin and Indian River counties). HUD establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction may draw upon as needed. The program allows local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, rental assistance, or security deposits. CDBG, meanwhile, is a flexible grant program that provides communities with federal funding to address a wide range of unique community development needs. The CDBG program provides annual grants on a formula basis to units of local government and states, including the cities of Fort Pierce and Port St. Lucie. Since Fiscal Year (FY) 2010, nationwide funding for the HOME and CDBG programs has been cut by 48 percent and 25 percent, respectively, with varying changes to individual recipients. The FY 2015 omnibus appropriations bill provided $3 billion for the CDBG program, which was a slight decrease from FY 2014 funding. HOME, meanwhile, received a small decrease from $1 billion to $900 million. In FY 2015, the County received $477,243 in HOME funding, and the cities of Fort Pierce and Port St. Lucie received $474,148 and $973,786, respectively, in CDBG funds. For FY 2016, the Administration proposed in its budget a reduction for CDBG to $2.8 billion, but an increase for the HOME program to $1 billion. In the end, Congress provided $3 billion for CDBG and $950 million for HOME in the FY 2016 omnibus. RECOMMENDED POSITION: Support adequate funding for future fiscal years for both the HOME Investment Partnerships and the Community Development Block Grants programs because of their critical role in the County's overall efforts to support those that are least fortunate. Page 1 29 Packet Pg. 58 8.B.1.a VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Federal Criminal Justice Reform BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Congress has worked over the past several months to develop legislation aimed at reforming the criminal justice system, with the Administration also placing a lot of emphasis on the issue. The legislative effort consists of several different pieces of legislation, three of which are outlined below: The first, and largest, of the bills — the Sentencing Reform and Corrections Act of 2015 (S. 2123) — is designed to address overcrowding in the federal prison population by reducing mandatory minimums for certain prison sentences, such as non-violent, non -trafficking drug offenses, while also raising the mandatory minimum for other crimes, such as domestic violence. The bill would also promote the expungement of certain juvenile offenses, increase opportunities for juveniles to be parole -eligible, and establish pre-release reentry programs to help incarcerated individuals prepare to reenter society. S. 2123 was approved by the Senate Judiciary Committee by a vote of 15-5 and is awaiting consideration on the Senate floor. A second bill — the Second Chance Reauthorization Act (S. 1513/H.R. 3406) — would reauthorize and streamline the Second Chance Act programs, which provide grants, training, and technical assistance to states, local governments, and nonprofits to prevent criminal recidivism. The various programs include demonstration grants, reentry courts, mental health and addiction treatment, and employment services, among others. The House Judiciary Committee approved H.R. 3406 in January 2016, but S. 1513 has not yet been considered in the Senate. Another bill - the Comprehensive Justice and Mental Health Act of 2015 (S.993/H.R. 1854) - would reauthorize and update the Mentally Ill Offender Treatment and Crime Reduction Act to help facilitate collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to ensure those with mental illness receive the care they need. The Senate unanimously passed S. 993 in December 2015 and the House Judiciary Committee approved H.R. 1854 in January 2016. It has not yet been passed by the full House. The exact path and timeline for criminal justice reform is still unclear. There has been some recent disagreement within the parties on the measures, which could derail the bipartisan efforts. However, the White House, key lawmakers, and outside groups continue to press for criminal justice reform, and many still see it as one of the few issues that can be successfully tackled in 2016. RECOMMENDED POSITION: Support legislation that seeks to improve the federal criminal justice system, including improvements to mental health services for offenders. Page 1 30 Packet Pg. 59 COUNTY F L O R I D A FEDERAL ISSUE: Citrus Issues 8.B.1.a ( I __ 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Indian River Citrus District's premium crop has been, and will continue to be, grapefruit, although oranges which are often blended into juice are also grown in the District. St. Lucie County growers are within the Indian River Citrus District. Currently, the District raises 70% of the total grapefruit crop grown in the State of Florida. Three out of every four grapefruit that leave the State of Florida fresh come from this District. Approximately 14 million cartons of "Indian River" fruit were exported during the 2006-2007 season. Unfortunately, citrus trees and crops face serious threats from infectious diseases, especially citrus greening or huanglongbing (HLB). This disease reduces production and destroys the economic value of fruit. The spread and cause of HLB are associated with a phloem -feeding insect (Asian citrus psyllid (ACP), Diapharina citri) and a fastidious bacterium (Candidatus Liberibacter asiaticus). To respond to such threats, federal funding has primarily funded research into the issue. Interest in continuing the fight against greening has also spawned federal legislation, however. Specifically, Rep. Buchanan (R-FL) introduced H.R. 3957, the Emergency Citrus Disease Response Act in 2015 to allow citrus farmers to immediately write-off the costs of planting new citrus groves. Under current law, the existing tax deduction does not kick in until the new grove produces income, which can take years. The theory behind the legislation is to provide an incentive for citrus farmers to plant new crops to keep up with demand without the risk of severe financial loss from citrus greening. Amending the deduction has been a point of discussion in citrus greening for a numbers of years. The bill has 21 cosponsors in addition to Buchanan. Rep. Murphy is one of those cosponsors. Currently, all cosponsors are from Florida. It is unclear whether this legislation can pass before the end of this Congress, but support within the Florida delegation is nearly unanimous, making the effort more likely to succeed than if it were only one or two members pushing. RECOMMENDED POSITION: Support federal efforts to benefit the citrus industry given its large importance to the economy of St. Lucie County. Page 1 3 1 Packet Pg. 60 T-0W@J a lid . COUNTY` F LORI D A 44 FEDERAL ISSUE: Tax -Exempt Bonds 8.B.1.a t 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Although municipal bonds have been tax-exempt for almost 100 years, a number of federal proposals target this exemption, often as part of the debate to end the sequester or reduce federal spending. With local governments facing severe budget difficulties, any proposal to limit the tax exemption would put more pressure on local finances by reducing demand for tax-exempt bonds and increase borrowing costs for state and local governments, ultimately leading to higher taxes or reduced services. It is estimated that the difference in the rate of earnings the County and other local governments would need to offer prospective buyers of their taxable bonds would depend on the market, but typically would range from 1.5 to 2 percent more for those offerings. On $1 million borrowed, this would likely cost $20,000 more in interest per year. Taking this further, if the County were to amortize a $100 million loan over 30 years at taxable bond rates 2 percent higher than if the bonds were tax-exempt, the additional cost to taxpayers over the 30 years could be roughly $30 million. Should the County make significant investments in future municipal facilities or infrastructure, a change to the tax exemption on municipal bonds could add significant costs over the life of the project. Following Paul Ryan's promotion to Speaker of the House, Rep. Kevin Brady (R-TX) has assumed the chairmanship of the House Ways and Means Committee. It is currently unclear what Chairman Brady's position is on municipal bonds. If his beliefs on the issue match those of his predecessor, the tax exemption on municipal bonds may continue to be at risk. In the Senate, Ron Wyden (D-OR) sponsored legislation with Dan Coats (R-IN) during the 112' Congress that proposed replacing tax-exempt bonds with taxable bonds and a tax credit. Although Senator Wyden did not reintroduce the same legislation during the 113th Congress, he continued to discuss the need for comprehensive tax reform when he became the Chair of the Senate Finance Committee in 2014. Republicans now control the Senate in the 114' Congress, however, which means Senator Wyden has become the Ranking Member and Senator Orrin Hatch (R-UT) has assumed the chairmanship. Like Senator Wyden, Senator Hatch has voiced his support for comprehensive tax reform. However, his position on the tax exemption for municipal bonds is unclear. As in previous years, the Administration proposed a 28 percent limit on all itemized deductions for high - income individuals in its Fiscal Year (FY) 2016 budget. If accepted by Congress, this would apply to all new and outstanding municipal bonds. According to a study conducted by the National Association of Counties, if this 28 percent cap had been in place over the past decade, borrowing costs to state and local governments would have increased by over $173 billion, while a full repeal would cost nearly $500 billion over the same time period. The National Association of Counties has come out against this provision, as well as any proposal that would eliminate the deduction for personal state and local income, property and sales taxes, on the basis that these deductions have contributed to the stability of reliable and flexible tax revenues. In March 2105, over 100 members of the House of Representatives signed a letter to congressional leadership asking that the current tax exemption for municipal bonds remain in place. RECOMMENDED POSITION: Oppose legislation that would threaten the tax exemption on state and local bonds, including a 28 percent cap on tax-exempt municipal bonds. Page 1 32 Packet Pg. 61 T0Lvi[ lir� COUNTY F L O R I D A FEDERAL ISSUE: Remote Sales -Tax Legislation 8.B.1.a ( I __ 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: With some limited exceptions, retailers only collect sales tax in states where they have brick -and -mortar stores. The burden then falls to consumers to report to state tax departments any sales taxes they owe for online purchases. Often, due to complex reporting requirements, consumers do not report those purchases when completing their tax returns. As a result, local retailers can be at a competitive disadvantage because they must collect sales taxes while out-of-state retailers, including many large online and catalog retailers, often offer their customers a discount by collecting no state or local sales taxes. Therefore, the current sales tax system is perceived as being unfair to brick -and -mortar retailers that employ local residents, including local stores as well as national chains like Best Buy or Home Depot. This lost revenue is also a drain on local government resources. In 2014, uncollected sales tax was estimated to have cost local governments $23 billion nationwide. Legislation to correct this inequity has the support of local, state, and national business groups, such as the National Governors Association, the National Conference of State Legislators, the Council of State Governments, the National Association of Counties, the U.S. Chamber of Commerce, the Florida Chamber of Commerce, Associated Industries of Florida, Florida TaxWatch, Florida Retail Federation, and Amazon.com, among others. To correct this inequity across the country, Congress introduced the Marketplace Fairness Act in both the House and Senate in the 113t1i Congress. The bill would have created two systems from which states could choose to facilitate the process of collecting these taxes. The first would have been the already established Streamlined Sales and Use Tax Agreement (SSUTA), which would have simplified state and local sales and use tax laws. Twenty-four states have already signed this agreement. The second alternative would have allowed for states to meet minimum requirements for their state tax laws and administration thereof. To protect small, online retailers, this legislation would have also exempted sellers who make less than $1,000,000 in total remote sales from the requirement to collect taxes. hi 2013, the Senate passed the Marketplace Fairness Act with bipartisan support by a vote of 70-24, with Senator Nelson voting for the measure and Senator Rubio against it. In the House, companion legislation was not considered, although it had 67 cosponsors, including Florida Representatives Deutch, Crenshaw, Ross, Wilson, and Diaz-Balart. The issue reemerged in the 114' Congress. House Judiciary Committee Chairman Bob Goodlatte (R- VA) and Rep. Anna Eshoo (D-CA) circulated a discussion draft in January 2015 of remote sales tax legislation as an alternative to the Marketplace Fairness Act. Under the draft, only states that join a multi- state clearinghouse would have the authority to collect sales tax revenue on out-of-state purchases, and retailers would charge sales tax based on their own state and local rules. The clearinghouse would then divide the sales tax revenue among member states. The draft, however, did not gain much traction. Meanwhile, House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-UT) introduced legislation in June 2015 — the Remote Transactions Parity Act (RTPA) (H.R. 2775) - that attempts to bridge the gap between the two sides of the issue by addressing lingering concerns raised by those who believe instituting a remote sales tax would be an increase in taxes. Under the Chaffetz proposal, and similar to the MFA, the RTPA would create two options for states to collect remote sales tax. The first would be for member states of the SSUTA, and the second would allow non-members to require collection if they implement certain tax law simplification requirements that are similar to those contained in the MFA. The largest difference between the RTPA and the MFA, however, is the definition Page 1 33 Packet Pg. 62 8.B.1.a t VAN SCOVOC ASSOCIATES of a remote seller. Both define a remote seller as one that does not have a physical presence in the state, but the RTPA goes further to include a definition of physical presence. In addition, the RTPA includes a phase -out for the small seller exception. Rather than permanently exempting sellers with sales less than $1 million annually, the RTPA would exempt sellers with less than $10 million in annual revenue the first year, less than $5 million the second year, and less than $1 million the third year, with the small seller exception completely eliminated after that. The RTPA currently has 58 bipartisan cosponsors, but has not yet seen any action. In the Senate, there has been some discussion of attaching a remote sales tax amendment to the House - passed Permanent Internet Tax Freedom Act (PITFA). Similar efforts were attempted last year, but were unsuccessful. PITFA, which is considered a non -controversial measure, would permanently extend the ban on state and local taxation of the Internet, and was passed by the House in June 2015. Those plans generally have bipartisan support, but some powerful members of the Senate, such as Senator Ron Wyden (D-OR — a state with no sales tax), the Ranking Member of the Senate Finance Committee, have expressed concerns about attaching the two issues, arguing they are contradictory. If PITFA is to be used as a vehicle for remote sales tax legislation, an agreement must be reached prior to December 2016, when the current ban on internet taxes expires. To further complicate this strategy, PITFA has been included in the customs bill, which has already been passed by the House. The Senate is expected to vote on the bill in early 2016. RECOMMENDED POSITION: Support legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. Support federal tax policies that maintain revenue streams to local governments. i a g Packet Pg. 63 COUNTY F L O R I D A FEDERAL ISSUE: Transient Occupancy Taxes 8.B.1.a ( I -- 49i VAN SCOVOC ASSOCIATES BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In the 111 ' and 113t' Congresses, attempts were made to insert language into various pieces of legislation that would have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full transient occupancy tax rate collected from consumers to the appropriate local government. For instance, if Expedia or a similar purveyor were to pay $60 for a room in St. Lucie County and then sell that room to a consumer for $100, they would be able to, under the proposal, only remit $3 dollars to the local government instead of $5 (using the County's 5 percent tourist development tax for illustrative purposes). In 2009, 17 Florida counties filed an action against a number of online travel companies (OTC's) alleging that the companies have failed to collect and/or pay taxes under the respective tourist development tax ordinances. Those counties agreed to settle with the online travel companies for $6.1 million in 2010. During 2012, there were several Florida State Circuit Court cases that ruled in favor of the OTCs. Two cases, including the 17 county case, cited that Florida law is not clear on the issue, while a Circuit Court Judge ruled more directly that the OTCs only owe local tourist taxes on the discounted rates they paid for the rooms. Then, in June of 2015, the Florida Supreme Court affirmed the lower court rulings, stating that online travel companies are not hotels and, therefore, do not have to pay occupancy fees. Meanwhile, in 2012, the District of Columbia government won a suit where a judge ruled that online travel firms should repay back taxes on the full retail price of hotel rooms they sold to consumers in the years after the D.C. City Council passed legislation mandating they do so. In 2014, a conditional settlement was reached in this case with six online travel firms. Although they have a right to appeal the D.0 Superior Court decision, they agreed to pay $60.9 million in back taxes to the D.C. government. Between 1998 and 2010, the amount owed in the lawsuit was estimated to be over $200 million. In 2015, local governments reportedly had filed 88 lawsuits against Expedia and others for tax underpayment. The company won dismissal in 23 cases while 35 remain active. The remainder of the cases have been settled, put on hold, referred to administrative proceedings, or otherwise resolved. A 2011 estimate by the Center for Budget and Policy Priorities suggests that state and local governments lose as much as $396 million a year due to such remittance practices by online hotel purveyors. These examples demonstrate how courts across the country have ruled differently on this issue over the past few years, which has led online travel purveyors to continue to seek federal legislation that would codify their goal of not remitting taxes on the price of the hotel room paid by the consumer. In 2012, several of these online discount travel brokers (including Expedia, Orbitz, and Priceline) organized and registered to lobby under a new organization called the "Interactive Travel Services Association," whose purpose is to advocate on several issues, including "taxes and fees related to travel." In 2013, Expedia and other online hotel room purveyors attempted to amend the Marketplace Fairness Act to achieve their transient occupancy tax objectives. Ultimately, this effort was unsuccessful and the bill was passed out of the Senate without this language. In Fiscal Year 2014-2015, St. Lucie County collected $3.4 million from its tourist development tax, which is used to support the tourism industry in the region. This was a 12.7 percent increase from the previous fiscal year. This level of funding underscores the importance of this revenue source and the need to ensure it is not constrained by detrimental legislation. Page 1 35 Packet Pg. 64 8.B.1.a t VAN SCOVOC ASSOCIATES RECOMMENDED POSITION: Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. Page 1 3 6 Packet Pg. 65 8.C.1 ITEM NO. RES-2016-42 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division DATE: 03/15/2016 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Resolution A, B, C and D - Subordination of County Utility Interests - State Project No. 94003-2502 - SR 713 - Kings Highway - Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R BACKGROUND: Florida Department of Transportation (FDOT) partnering with St. Lucie County, has been acquiring the necessary right-of-way and easements required for the construction of the Kings Highway at Indrio Road intersection improvements. The attached Subordination of County Utility Interests are essential for the clearing of the right-of-way. As part of the Subordination of County Utility Interests, FDOT will allow the County to bid the installation of a force main and water main concurrently with the intersection improvements. By putting the dry lines in with the project limits at this time, we will remove the need for utility construction at a later date after the road widening is done, and should provide for economies of scale. PREVIOUS ACTION: July 9, 1999 - St. Lucie County received from Holiday Pines Service, Corp. all of the water and wastewater utility assets owned by and located in St. Lucie County. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Subordination of County Utility Interests for Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R and accompanying Resolutions, authorize the Chairman to sign the Subordination of County Utility Interests for Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R and accompanying Resolutions, and authorize staff to record the documents in the Public Records of St. Lucie County. [01LT2 MLA Packet Pg. 66 8.C.1 Coordination/Signatures IVAJ anie S. 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No. County: 104.8 4241431 94003-2502 04 713 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 104 Item/Segment No. 4241431 Section: 94003-2502 Portions of the Northwest One -Quarter (NW 1/4) of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, as shown on Sheets 5, 6, and 10 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more particularly described as follows: (Continue on the next page) Packet Pg. 73 8.C.1.b Commence at a railroad spike, found marking the West One -Quarter (W 1/4) Corner of said Section 13, also being a point on the Baseline of Survey of State Road 614 (Indrio Road); thence South 89°46'52" East along the South line of the Northwest One -Quarter (NW 1/4) of said Section 13 and said Baseline of Survey, a distance of 606.51 feet; thence North 00°13'08" East along a line at a right angle to the previously described course, a distance of 65.00 feet to the Northerly Existing Right of Way line of County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence North 89°46'52" West along said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 175.38 feet; thence North 00°13'08" East, a distance of 25.22 feet; thence North 44°45'23" West, a distance of 15.24 feet; thence South 72°46137" East, a distance of 108.17 feet; thence South 86045'35" East to said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 82.82 feet to the POINT OF BEGINNING. Containing 1,939 square feet, more or less. AND Commence at a railroad spike, found marking the West One -Quarter (W 1/4) corner of said Section 13, said corner, a point on the Baseline of Survey of State Road 614 (Indrio Road); thence South 89°46152" East along the South line of the Northwest One -Quarter (NW 1/4) of said Section 13 and said Baseline of Survey, a distance of 717.73 feet; thence North 00°13'08" East along a line at a right angle to the previously described course, a distance of 65.00 feet to the Northerly Existing Right of Way line of County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence North 00013'08" East, a distance of 3.50 feet; thence South 89046'52" East, a distance of 50.00 feet; thence South 86*36105" East, a distance of 63.10 feet to said Northerly Existing Right of Way line of County Road 614 (Indrio Road); thence North 89046'52" West along said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 113.00 feet to the POINT OF BEGINNING. Containing 285 square feet, more or less. All together containing 2,224 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Easement 11/21/81 Kings/Indrio Holiday Pines 0738/2993 Properties Service Corporation Assignment 07/08/99 Holiday Pines St. Lucie 1235/1534 of Rights Service Corp., a County, Florida, Under Florida a political Easements corporation subdivision of the State of Florida Packet Pg. 74 8.C.1.b PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. Packet Pg. 75 8.C.1.b IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: JAMES A. WOLFE Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO The foregoing instrument was acknowledged before me this day of , 201 , by JAMES A. WOLFE, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name• Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 76 8.C.1.b IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument day of , 201 Mayor (or Vice -Mayor), who is produced ST. LUCIE COUNTY By Its Board of County Commissioners ON Print Name: Its Mayor (or Vice -Mayor) was acknowledged before me this by , personally known to me or who has as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 77 8.C.1.b UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (02-14-14) Document prepared by: Grace K. Abel (06-02-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: 104.8 4241431 94003-2502 04 713 St. Lucie e WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 713 (Kings Highway), Item/Segment No. 4241431, Section: 94003-2502, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of , 201 Print Name: Clerk, Board of County Commissioners St. Lucie County, Florida Packet Pg. 78 8.C.1.c 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (02-14-14) Document prepared by: Grace K. Abel (06-02-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: 110.3 4241431 94003-2502 04 713 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 110 Item/Segment No. 4241431 Section: 94003-2502 A portion of the Northeast One -Quarter (NE 1/4) of Section 14, Township 34 South, Range 39 East, St. Lucie County, Florida, as shown on Sheets 2, 5, and 9 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more particularly described as follows: (Continue on the next page) Packet Pg. 79 8.C.1.c Commence at a railroad spike, found marking the East One -Quarter (E 1/4) Corner of said Section 14, also being a point on the Baseline of Survey of State Road 614 (Indrio Road); thence North 89°52'34" West along the South line of the Northeast One -Quarter (NE 1/4) of said Section 14 and said Baseline of Survey of State Road 614 (Indrio Road), a distance of 79.82 feet; thence North 00°07'26" East along a line at a right angle to the previously described course, a distance of 50.00 feet to the intersection of the Northerly Existing Right of Way line of said State Road 614 (Indrio Road) and the Westerly Existing Right of Way line of the Fort Pierce Farms Water Control District (FPFWCD) Canal No. 4 and the POINT OF BEGINNING; thence North 89°52'34" West along said Northerly Existing Right of Way line of State Road 614 (Indrio Road), a distance of 257.65 feet to the Southeast corner of Lot 1, Block 4 of LAKEWOOD PARK UNIT NO. 1, according to the plat thereof, as recorded in Plat Book 10, Page 51 of the Public Records of St. Lucie County, Florida; thence North 00°18'27" East along the East line of said Lot 1, a distance of 60.00 feet; thence South 89°52'34" East, a distance of 232.50 feet; thence North 45°25'52" East, a distance of 35.55 feet to the Westerly Existing Right of Way line of FPFWCD Canal No. 4; thence South 00°19156" West along said Westerly Existing Right of Way line of the FPFWCD Canal No. 4, a distance of 85.00 feet to the POINT OF BEGINNING. Containing 15,775 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Grant of 03/22/95 The Estate of Holiday Pines 0973/1927 Easement Joseph G. Berlin, Service deceased Corporation Assignment 07/08/99 Holiday Pines St. Lucie 1235/1534 of Rights Service Corp., a County, Florida, Under Florida a political Easements corporation subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Packet Pg. 80 8.C.1.c 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: JAMES A. WOLFE Title: District Secretar for District IV Print Name: Attorney approved as to form: Name: DAWN RADUANO STATE OF FLORIDA The foregoing instrument was acknowledged before me this day of , 201 , by JAMES A. WOLFE, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name• Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 81 8.C.1.c IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument day of , 201 Mayor (or Vice -Mayor), who is produced ST. LUCIE COUNTY By Its Board of County Commissioners ON Print Name: Its Mayor (or Vice -Mayor) was acknowledged before me this by , personally known to me or who has as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 82 8.C.1.c UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (02-14-14) Document prepared by: Grace K. Abel (06-02-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: 110.3 4241431 94003-2502 04 713 St. Lucie WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 713 (Kings Highway), Item/Segment No. 4241431, Section: 94003-2502, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of , 201 Print Name: Clerk, Board of County Commissioners St. Lucie County, Florida Packet Pg. 83 8.C.1.d 23-UTL.02-06/93 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (05-11-15) Document prepared by: Grace K. Abel (05-13-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: 122.3R 4241431 94003-2502 04 713 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 122 Item/Segment No. 4241431 Section: 94003-2502 A portion of the Northwest One -Quarter (NW 1/4) of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, as shown on Sheets 5 and 10 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more particularly described as follows: (Continue on the next page) Page 1 of 6 Packet Pg. 84 8.C.1.d Commence at a railroad spike, found marking the West One -Quarter (W 1/4) Corner of said Section 13, also being a point on the Baseline of Survey of State Road 614 (Indrio Road); thence South 89°46'52" East along the South line of the Northwest One -Quarter (NW 1/4) of said Section 13 and said Baseline of Survey, a distance of 111.13 feet; thence North 00°13'08" East along a line at a right angle to the previously described course, a distance of 65.00 feet to the intersection of the Easterly Existing Right of Way line of State Road 713 (Kings Highway) and the Northerly Existing Right of Way line of County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence North 00°19'56" East along said Easterly Existing Right of Way line of State Road 713 (Kings Highway), a distance of 67.05 feet; thence South 44°43'28" East, a distance of 43.86 feet; thence South 89046'52" East, a distance of 278.11 feet; thence South 44°45123" East, a distance of 15.24 feet; thence South 00°13108" West, a distance of 25.22 feet to said Northerly Existing Right of Way line of County Road 614 (Indrio Road); thence North 89°46'52" West along said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 320.00 feet to the POINT OF BEGINNING. Containing 11,943 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Easement 11/21/81 Kings/Indrio Holiday Pines 0738/2993 Properties Service Corporation Assignment 07/08/99 Holiday Pines St. Lucie 1235/1534 of Rights Service Corp., a County, Florida, Under Florida a political Easements corporation subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Page 2 of 6 Packet Pg. 85 8.C.1.d 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: GERRY O'REILLY Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO STATE OF FLORIDA The foregoing instrument was acknowledged before me this day of , 201 , by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name• Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 3 of 6 Packet Pg. 86 8.C.1.d IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY By Its Board of County Commissioners ON Print Name: Its Mayor (or Vice -Mayor) The foregoing instrument was acknowledged before me this day of , 201 , by , Mayor (or Vice -Mayor), who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 6 Packet Pg. 87 8.C.1.d UTL.03-06/93 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (05-11-15) Document prepared by: Grace K. Abel (05-13-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: 122.3R 4241431 94003-2502 04 713 St. Lucie WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 713 (Kings Highway), Item/Segment No. 4241431, Section: 94003-2502, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. Page 5 of 6 Packet Pg. 88 8.C.1.d STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of Resolution adopted by the Board of County Commissioners of County, Florida, at a meeting held on the day of 11 201 a St. Lucie Print Name: Clerk, Board of County Commissioners St. Lucie County, Florida Page 6 of 6 Packet Pg. 89 8.C.1.e 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (08-26-15) Document prepared by: Grace K. Abel (08-26-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: 123.2R 4241431 94003-2502 04 713 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 123 Item/Segment No. 4241431 Section: 94003-2502 A portion of the Northwest One -Quarter (NW 1/4) of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, as shown on Sheet 6 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more particularly described as follows: (Continue on the next page) Page 1 of 7 Packet Pg. 90 8.C.1.e Commence at a railroad spike, found marking the West One -Quarter (W 1/4) Corner of said Section 13, also being a point on the Baseline of Survey of State Road 614 (Indrio Road); thence North 00°19'56" East along the West line of said Northwest One -Quarter (NW 1/4) of Section 13, a distance of 1,328.82 feet to the Northwest Corner of the Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter (NW 1/4) of said Section 13; thence South 89°49'29" East along the North line of said Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter (NW 1/4) of Section 13, a distance of 61.00 feet to the POINT OF BEGINNING and a point on the Easterly Existing Right of Way line of State Road 713 (Kings Highway Extension); thence South 00°19'56" West along said Easterly Existing Right of Way line of State Road 713 (Kings Highway Extension), a distance of 341.01 feet to the intersection of said Easterly Existing Right of Way line of State Road 713 (Kings Highway Extension) and the Westerly Existing Right of Way line of State Road 713 (Turnpike Feeder Road) and the beginning of a non -tangent curve concave Southeasterly, having a chord bearing of North 22°09130" East; thence Northeasterly along the arc of said curve and said Westerly Existing Right of Way line of State Road 713 (Turnpike Feeder Road), having a radius of 1,959.86 feet, through a central angle of 10°46'01", an arc distance of 368.29 feet to the end of said curve; thence North 89°49'29" West along the North line of said Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter (NW 1/4) of Section 13, a distance of 136.73 feet to the POINT OF BEGINNING. Containing 21,193 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Easement 03/09/90 May E. Cross Holiday Pines 0807/2859 Service Corporation Assignment 07/08/99 Holiday Pines St. Lucie 1235/1534 of Rights Service Corp., County, Florida, Under a Florida a political Easements corporation subdivision of the State of Florida Page 2 of 7 Packet Pg. 91 8.C.1.e PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Page 3 of 7 Packet Pg. 92 8.C.1.e Signed, sealed and delivered in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument day of , 201 Secretary for District IV, who produced STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: GERRY O'REILLY Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO was acknowledged before me this by GERRY O'REILLY, District is personally known to me or who has as identification. Print Name• Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 7 Packet Pg. 93 8.C.1.e IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY By Its Board of County Commissioners ON Print Name: Its Mayor (or Vice -Mayor) The foregoing instrument was acknowledged before me this day of , 201 , by , Mayor (or Vice -Mayor), who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 5 of 7 Packet Pg. 94 8.C.1.e UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (08-26-15) Document prepared by: Grace K. Abel (08-26-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: 123.2R 4241431 94003-2502 04 713 St. Lucie WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 713 (Kings Highway), Item/Segment No. 4241431, Section: 94003-2502, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. Page 6 of 7 Packet Pg. 95 8.C.1.e STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of Resolution adopted by the Board of County Commissioners of County, Florida, at a meeting held on the day of 201 a St. Lucie Print Name: Clerk, Board of County Commissioners St. Lucie County, Florida Page 7 of 7 Packet Pg. 96 j.1 8.C.1.f 0 WA Prepared by and return to: Phillip C. Gildan, Fsq. Greenberg Traurig, P.A. 777 South Flagler Drive, Suite 300 Fast West Palm Beach, Florida 33401 f Arr-AtM Te nL 'DOX " BOOK the Circus ' A.M. s Assi nt is dei! 8 day of uly, 1999 by LI AY PI ES SERVI co 2i ra ' n 66or") o S . U O DA a li on of the to o FI da (")%ss* ee 77 AS, pursuant to tha certain HOL D Y PI ES SERVI CORP. ILI S ST M ASSET SF R AGRE E da J e , 999, Assignor a reed to fer Assign of a er an water ili owned by ' or a in St. ucie ounty, onda a "Utility is"); and County L534 WHEREAS, among the Utility Assets owned by Assignor and intended to be assigned to Assignee are the rights of Assignor as the grantee under easements for the use and benefit of the Assignor and its Utility Assets (the "Easements"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby quit claims, conveys and assigns unto Assignee, its successors and assigns, all right, title and interest of Assignor, if any, in the Easements, together with all other recorded or unrecorded easement right of Assignor relating to the present or future Utility Assets. This Assignment of Ri is Under men be bindin Pon an t to the enefit oft parti hereto and their ucc ssors d igns. e prov' io ssi i s v ed by d i erpre d i ace dan a laws Of a to of Flo Executed as of the da and year first a e wri ten. PINES SERVICE CORP. By: Its: r Packet Pg. 97 _ .. 41._._ 3e , STATE OF FLOWIDA COUNTY OF ST. LUCIE 7h TIC instrument was acknowledged before me this day of 1999, by J✓,,,, as Pea.d�,.-i of Holiday Pines Service Corp., on its beha . ell Q or O P ly Known/OWUFProOuc4cdllentiffeation Type en 'fica 'on Prod Lk D. &Ss F3a- VS-/9/ d my CM 2oc8, 20 ExwREs SspWWW z� c: nd� �oAnEa Ttwt TWV FM 90PAM I. nc 2 Packet Pg. 98 11 8.C.2 ITEM NO. RES-2016-9 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE: 03/15/2016 AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Amendment to the Investment Policy *CONSENT AGENDA\COUNTY ATTORNEY Pursuant to Section 218.415, Florida Statutes, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing those funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment policy adopted by the Board of County Commissioners. The Clerk has proposed changes to the County's Investment Policy, which proposed changes are attached to the draft Resolution as Exhibit "A." On August 13, 2015 and on December 1, 2015 the County's Investment Committee met and voted to recommend approval of the proposed changes. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution and authorize the Chairman to sign the Resolution. COMMISSION ACTION: Packet Pg. 99 8.C.2 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 10/23/2015 Updated: 1/25/2016 2:38 PM by Katrina Slay Page 2 Packet Pg. 100 8.C.2.a mlp"� COUNTY F L 0 R I D A ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE..................................................................................................................................2 III. DELEGATION OF AUTHORITY.............................................................................................. 2 IV. INVESTMENT PERFORMANCE AND REPORTING............................................................. 2-3 V. PERFORMANCE MEASUREMENT....................................................................................3-4 VI. PRUDENCE AND ETHICAL STANDARDS............................................................................4 5 VII. AUTHORIZED INVESTMENTS.....................................................................................4-63-5 VIII. MATURITY AND LIQUIDITY REQUIREMENTS....................................................................6 5 SIX. PORTFOLIO COMPOSITION..................................................................................... 6-10 54 tX. RISK AND DIVERSIFICATION...........................................................................................10 5 XI. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ...................................... 10-11-9 XII. THIRD PARTY CUSTODIAL AGREEMENTS.......................................................................11-9 XIII. MASTER REPURCHASE AGREEMENT........................................................................ 11949 X4IV. BID REQUIREMENT.................................................................................................1-9-11-12 XIV. INTERNAL CONTROLS.............................................................................................14-12-14 Revised on January 26, 2016 Packet Pg. 101 8.C.2.a I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the Clerk of the Circuit Court. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee shall meet quarterly to review the Clerk's investment strategy and results. The Investment Committee will rely on the Clerk of the Circuit Court, the Finance Director and their staff for support. The management responsibility for all Board's funds in the investment program and investment transactions is delegated to the Clerk of Circuit Court or designee. The Clerk of the Circuit Court or designee shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the investment activities. The Clerk may employ investment manager(s) to assist in managing some of the Board's investment portfolio. Such investment manager must be registered under the Investment Advisors Act of 1940. IV. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month -end. 2 Packet Pg. 102 8.C.2.a A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of the Circuit Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual review of the investment portfolio and the investment policy. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. V. PERFORMANCE MEASUREMENT In order to assist in the evaluation of the portfolio's performance, the Finance Director will use performance benchmarks. The use of benchmarks will allow the Finance Director to measure its returns against other investors in the same markets. A. Investment performance of funds designated as short-term funds and other funds that must maintain a high degree of liquidity will be compared to the return of the S&P Rated GIP Index Government 30-Day Gross of Fees Yield. Investments of current operating funds shall have maturities of no longer than twenty-four (24) months. B. Investment performance of funds designated as core funds and other non -operating funds that have a longer -term investment horizon will be compared to the following indexes: 1. Bank of America Merrill Lynch 1-3 Year U.S. Treasury/Agency Index 2. Bank of America Merrill Lynch 1-5 Year U.S. Treasury/Agency Index 3. Bank of America Merrill Lynch 1-5 Year Government/Corporate "A" rated or better index The appropriate index will have a duration and asset mix that approximates the portfolio and will be utilized as a benchmark to be compared to the portfolio's total rate of return. Investments of bond reserves, construction funds, and other non -operating funds ("core funds") shall have a term aaaroariate to the need for funds and in accordance with debt 3 Packet Pg. 103 8.C.2.a covenants, but in no event shall exceed five and one-half (5.5) years. C. The Equities, Mutual Funds and/or exchange -traded funds (ETFs) performance shall be compared on a quarterly basis to appropriate peer universe benchmarks, as well as market indices in the equity markets. Examples of benchmarks and indexes that will be used include the Russell 3000 Index for broad U.S. equity strategies; S&P 500 Index for large cap U.S. equities, Russell 2000 Index for small cap U.S. equities, MSCI ACWI ex-U.S. Index for broad based non-U.S. equity strategies. The Russell 3000 Index will be used to benchmark the U.S. eauities portfolio: the MSCI ACWI ex-U.S. Index will be used to benchmark the non-U.S. equities portfolio. VI. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VII. AUTHORIZED INVESTMENTS The Clerk of the Circuit Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates, with a preference to par bonds or those at a discount. Authorized instruments are as follows: A. The Intergovernmental Investment Pool rated "AAAW by Standard & Poor's or the equivalent by another nationally recognized self -regulatory organization (NRSRO) for a stable Net Asset Value (NAV) fund. If the stable NAV fund has no rating then the underlying securities must be either FDIC insured; collateralized under the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes; or have a long term rating of "A" or better by a nationally recognized rating agency. For a floating NAV fund, the minimum rating will be AAf/S1 or the equivalent by a nationally recognized rating agency. B. The Florida Local Government Investment Trust, also known as "Florida Trust", administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. Packet Pg. 104 8.C.2.a C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie -Mac) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in financial institutions organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. H. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. I. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the following three minimum ratings: A- by Standard & Poor's, A3 by Moody's, or A- by Fitch. J. Commercial Paper denominated in United States dollars that is rated, at the time of purchase, Prime-1 by Moody's and A-1 by Standard & Poor's (Prime Commercial Paper). If the Commercial Paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be rated A or better by at least two nationally recognized rating agencies. 5 Packet Pg. 105 8.C.2.a K. Supranational Agencies — Debt obligations issued by multilateral organization of governments of which the U.S. is a shareholder and voting member, and are denominated in U.S. dollars, with highest Short -Term or Long -Term rating (A-1+/P-1, AAA/Aaa, or equivalent). Purchase authorization includes, but is not limited to, obligations of the following multilateral organizations: 1. International Bank for Reconstruction and Development (IBRD) 2. International Finance Corporation (IFC) 3. European Bank for Reconstruction and Development (EBRD) 4. Inter -American Development Bank (IADB) 5. Asian Development Bank (ADB) 6. African Development Bank (AFDB) Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock, bond, stock index, interest rate index, currency, commodity, etc. Derivative investments include, but are not limited to: futures contracts, options contracts, forward contracts, interest rate swaps, interest rate floor or ceiling contracts, and linked index investments. L. Equities, Mutual Funds and/or exchange -traded funds (ETFs) — Equities, shares in open- end and no-load equity and/or fixed -income mutual funds, and/or ETFs. VIII. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five and one-half (5.5) years except the Corporate Obligations. The maximum length to maturity for Corporate Obligations or Corporate Notes shall be five (5) years from the date of purchase. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non -operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five and one-half (5.5) years, unless permitted by the terms of the bond documents. Equities, Mutual Funds and/or exchange -traded funds (ETFs) are excluded from the maximum maturity limitations due to the nature of these types of investments. A liquidity amount of approximately three (3) months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), "Florida Trust", money market accounts and Repurchase Agreements. V4IX. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their_appropriate 6 Packet Pg. 106 8.C.2.a designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The allowable maximum percentage requirements should be based on the prior month portfolio ending balance. If the maximum percentage is exceeded for any reason, corrective action should be taken within 30 days of any notice of violation to conform the portfolio to the allowable percentages. The following maximum limits are guidelines established for diversification by instrument Authorized Investment- Sector Tye Maximum Allocation Individual Issuer Limit Maximum Length to Maturity Ret-mele D...'�,...,. 4" t+tY7t �f� Florida Trust 35% N/A N/A Intergovernmental Investment Pool 40% 25% N/A Certificates of Deposit 40% 10% 2 years Treasuries 75% N/A 5.5 years United States Government Agencies 50% 25% 5.5 years Federal Instrumentalities (United States Government Sponsored Agencies) 50% 25% 5.5 years Repurchase Agreement 10% 10% 1 year Money Market Funds 80% 25% N/A Corporate Obligations or Corporate Notes 25% 5% 5 years Commercial Paper 25% 5% 270 days Supranational Agencies 25% 10% 5.5 years Equities, Mutual Funds and/or ETFs 5% N/A N/A A. The Intergovernmental Investment Pool 1. A maximum of 40% of the portfolio may be invested in Intergovernmental Investment Pool. 2. A maximum of 25% of the portfolio may be invested in any one pool. ,a Packet Pg. 107 Packet Pg. 107 8.C.2.a B. The Local Government Investment Trust fund (Florida Trust) A maximum of 35% of the portfolio may be invested in Florida Trust. C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than two (2) years from the time of purchase. 3. A maximum of 10% of the portfolio may be deposited in the instruments of any one issuer. D. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government. 2. The maximum length of maturity of any direct investment in government securities is five (5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government. 2. The maximum length of maturity of any direct investment in Federal Agencies Securities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 50% of the portfolio maybe invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies. 2. The maximum length of maturity of any direct investment in Federal Instrumentalities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. s Packet Pg. 108 8.C.2.a G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 2. The maximum term of a repurchase agreement will be one (1) year. 3. A maximum of 10% of the portfolio may be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. H. Money Market Funds 1. A maximum of 80% of the portfolio may be invested in institutional money market funds. 2. Money market funds must have an "AAA" rating from Moody's, Standard and Poor's or Fitch. 3. A maximum of 25% of the portfolio may be invested in any one money market fund I. Corporate Obligations or Corporate Notes 1. A maximum of 25% of available funds may be invested in corporate obligations or corporate notes. 2. A maximum of 5% of available funds may be invested in with any one issuer 3. The maximum length of maturity of any Corporate Obligations or Corporate Notes is five (5) years. J. Commercial Paper 1. A maximum of 25% of available funds maybe directly invested in Prime Commercial Paper. 2. A maximum of 5% of available funds may be invested with any one issuer. 3. The maximum length to maturity for Prime Commercial Paper shall be 270 days from the date of purchase. K. Supranational Agencies 1. A maximum of 25% of available funds may be directly invested in Supranational Agencies. 2. A maximum of 10% of available funds maybe invested with anyone issuer. 9 Packet Pg. 109 8.C.2.a 3. The maximum length of maturity of any Supranational Agency is five (5) years. L. Equities, Mutual Funds and/or ETFs 1. A maximum of 5% of available funds may be directly invested in eauities. mutual funds and/or ETFs. 2. The County believes that to achieve the greatest likelihood of meeting the investment objectives and the best balance between risk and return for optimal diversification, assets will be invested in accordance with the targets for each asset class as follows to achieve an average total annual rate of return that is equal to or greater than the benchmark. Asset Weightings Asset Classes Range Target* Domestic Equity +/- 1.5% 3.3% International (non -US) Equity + - 1.5% 1.7% *The targets are based on a strategic allocation of 66% in Domestic Equity and 34% in International Equity. This may be adjusted from time -to -time to reflect the prevailing market. W. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. XI. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, with an office located in the State of Florida. Such specified brokers/dealers must be reviewed and approved by the Investment Committee and approved by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Circuit Court. Investments in equities, mutual funds and/or ETFs are excluded from the broker/dealer requirements. The restriction on the secondary brokers/dealers with an office located in the State of Florida does not apply to the external investment managers. The purpose is to provide greater 10 Packet Pg. 110 8.C.2.a flexibility in seeking better pricing and optimize interest income to the County within the guidelines set forth in this policy. If at any time the Clerk of the Circuit Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Circuit Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Circuit Court enters into a specific repurchase agreement. XII. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Circuit Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Circuit Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Circuit Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each pa rty. XIII. MASTER REPURCHASE AGREEMENT The Clerk of the Circuit Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. X44IV. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. Rather a decision will be made by the Clerk of the Circuit Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. 11 Packet Pg. 111 8.C.2.a After the Clerk of the Circuit Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. 2. Documentation will be retained for all bids, with the winning bid clearly identified 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing investment in funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Circuit Court will have final approval on these particular transactions before they have been completed. 6. Investments in equities, mutual funds and/or ETFs are excluded from the minimum three (3) bid reauirement. 7. Notwithstanding the above, in order to afford financial institutions within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section VI.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section VI.F. c. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Financial institutions included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. XfV. INTERNAL CONTROLS The Clerk of the Circuit Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director. Controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall 12 Packet Pg. 112 8.C.2.a provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Circuit Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. I. There will be no physical delivery of securities. J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shall be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Circuit Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. 13 Packet Pg. 113 8.C.2.a O. The following positions are designated by the Clerk of the Circuit Court as having the authority to initiate all investment activities: 1. Clerk of the Circuit Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Circuit Court P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products. Q. Such additional internal controls as established by the Clerk of the Circuit Court. 14 Packet Pg. 114 8.C.2.b RESOLUTION NO. 16-XXX A RESOLUTION AMENDING THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA; BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 218.415, Florida Statutes, on or before October 1, 1995, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing these funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low -risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. 3. On December 6, 1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. The Board has previously amended the policy and plans to further amend the policy in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit "A," pursuant to Section 218.415, Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of the Investment Policy, as amended, shall remain in full force and effect. 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chairman Kim Johnson XXX Vice Chairman Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 26th day of January 2016. Packet Pg. 115 8.C.2.b ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 116 8.C.3 ITEM NO. (ID # 3415) TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 03/15/2016 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement with the City of Port St. Lucie for Water Service to Property at 9001 Midway Road Florida Power & Light ("FPL") owns property located at 9001 Midway Road inside the corporate limits of the City of Port St. Lucie. The property is also located within the City's Utility Service Area. FPL has requested potable water service for its facility. The City is not able to provide FPL with the requested water service at this time but the County Water & Sewer Utility District does have the current ability to provide temporary water service to the FPL property. The City has requested the cooperation of the County to expedite utility service to the FPL property. Attached is a copy of a draft Interlocal Agreement between the County and the City. The purpose of the Agreement is to allow the County to provide temporary potable water service to FPL's facility until such time as service is available from the City. The Agreement is not intended to modify any prior service territory agreements, including the 1994 Utility Transfer Agreement between the County and the City. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: Packet Pg. 117 8.C.3 Coordination/Signatures Danie S. McIntyre, county ttorney 3/1/2016 Updated: 3/1/2016 8:32 AM by Stephanie Bush Page 2 Packet Pg. 118 8.C.3.a Prepared By and Return To: Stefanie Beskovoyne, Assistant City Attorney City Attorney's Office 121 SW Port St. Lucie Blvd. Port St. Lucie FL 34984 PID 9 3302-322-0000-000-5 INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE CITY OF PORT ST. LUCIE FOR WATER SERVICE TO PROPERTY AT 9001 MIDWAY ROAD THIS INTERLOCAL AGREEMENT ("Agreement's entered into on this day of , 2016, by and between ST. LUCIE COUNTY WATER AND SEWER DISTRICT, a special district organized by St. Lucie County under Chapter 153, Part II, Florida Statutes, hereinafter referred to as the "County," and the CITY OF PORT ST. LUCIE, a Florida municipal corporation organized under the laws of the State of Florida, hereinafter referred to as the "City." WHEREAS, Sec. 163, Fla. Stat. (2015), known as the Florida Interlocal Cooperation Act of 1969, provides a method for governmental entities to cooperate with each other on a basis of mutual advantage to provide services and facilities in a manner that will accord best with the factors influencing the needs and development of local communities; and WHEREAS, Florida Power & Light ("FPL") owns the property located at 9001 Midway Road, Port St. Lucie, St. Lucie County, Florida, said property as described in Exhibit "A" (the "Property"), which is entirely located inside the corporate limits of the City and City's Utility Service Area; and WHEREAS, FPL has requested potable water service for its facility; and WHEREAS, the City is not able to provide FPL the requested water service at this time; however, the County has the ability, but not the right, to provide such service at this time; and Page 1 of 6 Packet Pg. 119 8.C.3.a WHEREAS, the parties hereto wish to enter into this Agreement whereby the County will provide potable water service to FPL's facility located on the Property until such time as service is available from the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree to cooperate as follows: 1. RECITALS. The recitals above are true and correct and are incorporated herein by this reference. 2. AUTHORITY. This Agreement is entered into pursuant to the authority of Section 163.01, Fla. Stat. (2015), the Florida Interlocal Cooperation Act. 3. REPEAL OF PRIOR AGREEMENTS. Any and all prior agreements pertaining to the supply of utility services to the Property are hereby cancelled and declared of no force and effect upon the subject real property or the parties that are subject to this Agreement. TERMS & CONDITIONS The City hereby agrees to authorize the County to provide potable water service to the Property until such time as the City is able to provide the service. Additionally, the parties agree to the following terms: 4.1 The County shall not amend its utility service area to include the Property. 4.2 The City shall approve the design and construction of all necessary infrastructure and appurtenances required to provide the subject water service. No construction can commence without the City's written approval. 4.3 Service by the County to the Property shall only be provided to the Property, and to no others. Service shall only be provided to structures existing on the date of execution of this Agreement. 4.4 Except for utility service to the Property, County agrees to obtain written Page 2 of 6 Packet Pg. 120 8.C.3.a permission from the City prior to supplying additional utility service within the City's Utility Service Territory. 4.5 This Agreement does not authorize the County to provide service to any other properties within the City's Utility Service Area. 4.6 Meter and backflow preventer shall be located on either the North side of Midway Road within the County Right of Way or the Property. 4.7 The City will provide County reasonable notice of when the City is able to provide service to the Property. The Parties agree to coordinate with each other to make the physical transfer (fieldwork) in order to provide continuous service to the Property Owner. The City shall pay the costs related to the physical transfer (fieldwork). 5. FURTHER ASSURANCES. Each party agrees to grant such further assurances and provide such additional documents as may be required, each by the other, in order to carry out the terms and conditions and comply with the express intention of this Agreement. 6. SOVEREIGN IMMUNITY. Nothing in this Agreement shall be construed to be a waiver of sovereign immunity by any party. 7. WHOLE AGREEMENT. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior contemporaneous representatives or agreements, whether oral or written. 8. SEVERABILITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Page 3 of 6 Packet Pg. 121 8.C.3.a 9. ASSIGNMENT. This Agreement shall be binding upon the parties and any assigns and/or successors in interest. Neither party shall assign the Agreement to any other persons or firm without first obtaining the other party's written approval, which approval may not be unreasonably withheld. 10. NOTICES. 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, or mailed by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to The Count): St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 As to The City CITY ATTORNEYS OFFICE City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 With copies to: St. Lucie County Utilities Dept. 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: UTILITY SYSTEMS DIRECTOR City Utilities Dept. 900 SE Ogden Lane Port St. Lucie, FL 34983 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, and (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. 11. REFUNDING CAPACITY FEES. Upon transfer of utility service to the Property from the County to the City, the County agrees to refund any County capacity E Packet Pg. 122 8.C.3.a fees paid by FPL, less any portion of such capacity fees that may have been paid to third party service providers, as addressed in the Utility Standard Development Agreement between the County and FPL. The County shall not be required to refund any other costs related to the County providing service to the Property paid by FPL. 12. APPROVALS. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 13. WAIVER. Failure to insist upon strict compliance of any of the terms, covenants or conditions herein shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 14. REMEDY. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary to either party to initiate legal action regarding this Agreement, jurisdiction shall be in the Circuit Court of the Nineteenth Judicial Circuit, in and for St. Lucie County. 15. SINGULAR; GENDER. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, masculine, feminine, and neuter genders and shall each include the others. 16. AMENDMENTS. This Agreement may be amended only by written agreement signed by all parties and filed with the Clerk of the Circuit Court in St. Lucie County, Florida and the Clerk of the Circuit Court in St. Lucie County, Florida. A party requesting amendment of this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 17. FILING OF AGREEMENT. This Agreement shall be filed with the Clerk of the Court of St. Lucie County, Florida, prior to its effectiveness. 5 Packet Pg. 123 8.C.3.a 18. TERMINATION. This Agreement shall terminate after the City has provided water service to the Property. The City will provide at least thirty (30) days advance written notice to the County prior to such termination of this Agreement. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: y'ii Clerk ATTEST: lys Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM & CORRECTNESS: BY: County Attorney CITY OF PORT ST. LUCIE BY: Gregory J. Oravec, Mayor APPROVED AS TO FORM & CORRECTNESS: BY: Azlina Goldstein Siegel, Interim City Attorney I Packet Pg. 124 8.C.4 ITEM NO. (ID # 3414) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 03/15/2016 *CONSENT AGENDA\COUNTY ATTORNEY Hangar Sublease Assignment - Topper Holdings, LLC to Planemarketing, LLC Topper Holdings, LLC is proposing to assign its sublease for Hangar 3147 to Planemarketing, LLC. The sublease will remain subject to the terms and conditions of the Master Lease between the County and Fort Pierce, LLC. Staff has reviewed the proposed Consent and finds it acceptable as to legal form and correctness. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the assignment of the sublease for Hangar 3147 from Topper Holdings, LLC to Planemarketing, LLC, and authorize the Chairman to sign the Consent. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Ca,dnty ttorney 3/1/2016 Packet Pg. 125 8.C.4.a A Professional Association 1209 Delaware Avenue ]Fort Pierce, ]Florida 34950-4049 t772D465-5311 / (772)465-5722 Fax COURT FILINGS ONLY - courtdocs(a,rjgpa.com and supportarjgpa.com Robert J. Gorman, Esquire • bob a,rjgpa.com ❑ U.S. Mail ❑ Fax Transmission @ # ❑ Certified Mail ❑ Overnight Delivery ■ Hand Delivery ( 772 ) 462 - 1440 Pages NE -mail youngh i( stlucieco_.org ❑ Pick Up February 26, 2016 Heather Young, Assistant County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: Topper Holdings, LLC Sale to Planemarketing, LLC Hangar 3147 Dear Heather: V1 a1 C 0 x a� a Q. 0 H c 1 a� J a� .N N Q N R d U) a� c CU x r U J J The actual hangar that I had called you about previously turns out to be the one currently held by Topper Holdings, LLC, and not Stanley Oginz, individually. I have prepared and am enclosing the signed Agreement, Assignment and Assumption and related documents for this transaction, whereby a Topper Holdings, LLC is transferring and assigning this hangar and sublease to Planemarketing, o LLC. CU I would appreciate your expediting this in any way that you can. We have already forwarded the J Consent of the Master Leaseholder, to be signed by Chris Hambleton and hope to have that to submit as well, if necessary within the next couple of days. In the meantime, if there is anything further you may require, please do not hesitate to contact me Very truly yours, Robert J. Gorman JG at Enclosures ,��Y' j k Packet Pg. 126 8.C.4.a Contract for Sale of Hangar and Assignment of Sublease AGREEMENT made and entered into this 26 tt-day of February, 2016, by and between TOPPER HOLDINGS, L.L.C., a Florida limited liability company, hereinafter referred to as "Seller" or "Assignor", and PLANEMARKETING, LLC, hereinafter referred to as "Buyer" or "Assignee". FOR AND IN CONSIDERATION of the deposit to be made pursuant to the terms hereof, receipt and sufficiency whereof in hand paid by Buyer to Seller is acknowledged by Seller, and the covenants and terms herein contained and other good and valuable considerations, the parties hereby agree as follows: 1. Seller/Assignor does hereby agree to sell to Buyer/Assignee, who does agree to purchase, all of Seller's right, title, interest and claim in and to the improvements, being an aircraft hangar, known as Hangar No. 3147, and the real property upon which the same sits, being a Sublease upon the property described in Exhibit "A" attached hereto and incorporated herein by reference, which Sublease is dated December , 2012, by and between Topper Holdings, LLC and Air Charter of Florida, Inc., d/b/a Jet Service Center, and subsequently assigned to Seller. 2. PURCHASE PRICE. Seller agrees to convey such right, title and interest by Assignment or such other instrument or document as appropriate to Buyer for the total sum of $110,000 which shall be paid as follows: Down Payment/Deposit paid to Seller upon execution hereof $ j�, c�OG �G� Balance at Closing $ 1001000 oT TOTAL $ 110,000.00 3. CONDITIONS PRECEDENT. This Agreement shall be contingent upon obtaining the acceptance or consent in writing of Fort Pierce FBO, LLC, its successor and/or assigns and of St. Lucie County to the Sublease. -1- Packet Pg. 127 I8.C.4.a I 4. CLOSING. Closing shall occur upon or within ten (10) days following the approval and consent of Fort Pierce FBO, LLC and St. Lucie County. 5. Seller agrees to assume the lease or rental agreement, if any, for Hangar 3147 currently occupied by Buyer upon closing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. year first above written. Signed, sealed and delivered in the presence of Witness: Witness: HAWolfendenTurch Oginz HangarTontract Purchase 2-16.wpd RJG/jef/cat -2- Topper Holdings, LLC by its Manager CHILT 0 GS, LLC By: 7� David Warner, Managing Member go ,LLC , Managing Member Packet Pg. 128 8.C.4.a 0+11:1.1 UIi M THIS AGREEMENT is made and entered into this ESL _ day of February, 2016, in duplicate, by and between Topper Holdings, LLC, hereinafter referred to as "Seller", and Planemarketing, LLC, hereinafter referred to as `Buyer": l . Buyer hereby agrees to purchase from Seller and Seller hereby agrees to sell to Buyer all of Seller's right, title, claim and interest in and to Hanger 3147, with an address of 3147 Jet Center Terrace, Fort. Pierce, Florida, St. Lucie County and the Ground Sublease pertaining thereto, which Sublease Premises are described on Exhibit A attached hereto and incorporated herein by reference. 2. The Ground Sublease is that Ground Sublease dated December 1, 1996, by and between Air Charter of Florida, Inc. d/b/a Jet Service Center and Topper Holdings, LLC, which Ground Sublease was assigned to Treasure Coast FBO, LLC a/k/a St. Lucie County Airport Holdings, LLC, which thereafter assigned its rights and interest to Fort Pierce FBO, LLC. 3. Buyer agrees to pay to Seller the total sum of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00). 4. Buyer has paid a deposit to Seller in the amount of TEN THOUSAND and No/Cents ($10,000) DOLLARS towards the purchase and acquisition of the same. The balance shall be paid at the time of the Assignment, which shall coincide with the approval of the Assignment by St. Lucie Board of County Commissioners ("BOARD") acting as the St. Lucie County Port and Airport Authority, in accordance with the Master Lease and Ground Sublease. It is expected the Board will consider the matter at a March, 2016 meeting. 5. Seller represents and warrants that it has good and rightful title in and to the Ground Sublease and full right and capacity to enter into this agreement and the assignment of the Sublease. Seller further represents and warrants as follows: a. there is no provision, agreement, bylaw or otherwise of Seller or otherwise binding upon Seller, limiting, prohibiting, or otherwise restricting the transaction contemplated hereby; b. there is not .now any arrearage or default of the sublease or any obligation or responsibility of Seller under the Sublease; U J J 01 r a� E a 0 m U J J a� 0 a� a 0 17 ti M L CU c x v U aD E 0 0 r r a Packet Pg. 129 I8.C.4.a I C. Seller is not aware of any proceedings, agency action or any threat thereof pertaining to any matter relating to the demised premises; and d. Seller is in full compliance with all terms, provisions and conditions of the Sublease and any and all applicable governmental codes, regulations, limitations and restrictions. 6. This agreement shall be contingent upon approval of St, Lucie Board of County Commissioners and the Master Sublessee, FORT PIERCE FBO, LLC, successor in interest to Air Charter of Florida, Inc. and Treasure Coast FBO, LLC. 7. In the event Buyer shall fail to close in accordance with the terms hereof, Buyer and Seller agree that the Seller shall retain the deposit as full damages for the breach. Buyer and Seller agree that damages suffered by Seller in the event of Buyer's default would be uncertain in amount and the amount of the deposit is a reasonable liquidated damages amount. 8. In any litigation between the parties involving this Agreement the prevailing party shall be entitled to all costs and expenses incurred including reasonable attorneys fees. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. Signed, scaled and delivered in the presence of. Witness: Z-�, r a, 5 _9 HAWolfendenTurch Oginz HangaMprit 2-16.wpd RJG/jefkat Topper Holdings, LLC by its Manager CHILTERN HOLDINGS, LLC By, U-C,^ David Warner, Managing Member IN go olfenden, Managing Member Packet Pg. 130 8.C.4.a U J J THIS INSTRUMENT PREPARED BY AND RETURN TO: ui Robert J. Gorman, Esquire 1209 Delaware Avenue, Ft. Pierce, FL 34950 *rr**a***w**t***«*****r**r*t**********r**t*r****r+******x****+********r****r****t«a***rtrt****t**r«*****r****a = L Bill of Sale I° Know All Men By These Presents, That this day of February, 2016 A.D. That TOPPER HOLDINGS, LLC, a Florida limited liability company, of the County of St. Lucie, State of Florida, first party, and PLANEMARKETING, LLC, a Florida limited liability company whose address is: 8525 DeHaviland Court, Vero Beach, FL 32968 of the County of Indian River , State of Florida , second party. Witnesseth that the FIRST PARTY, for and in consideration of the sum of TEN and NO/CENTS ($10.00) DOLLARS, and other good and valuable consideration to FIRST PARTY in hand paid by SECOND PARTY, the receipt whereof Is hereby acknowledged, has granted, bargained sold transferred and delivered to the said SECOND PARTY and SECOND PARTY'S heirs, successors and assigns forever, the following goods and chattels: That certain Airplane Hangar known as 3147 at the St. Lucie International Airport Located at: 3147 Jet Center Terrace, Fort Pierce, FL Property Tax ID No: 6000-024752 SUBJECT to the terms and conditions of that certain Ground Sublease dated December 1, 1999, as amended, the terms of which second party hereby assumes. To Have and to Hold the same unto second party, and the second party's heirs, personal representatives, successors and assigns forever And the first party covenants with the second party, and the second party's heirs, personal representatives, successors and assigns that the first party is the lawful owner of the said goods and chattels; that they are free from all encumbrances; and the first party has good right to sell and transfer said property, goods and chattels; and that the first party will warrant and defend the sale and transfer of the said property, goods and chattels hereby made to the second party, and the second parry's heirs, personal representatives, successors and assigns, against the lawful claims and demands of all persons whomsoever. This covenant shall be binding upon the first party and the first parry's heirs, personal representatives, successors and assigns. In Witness Whereof, the firstparty has hereunto set his hand(s) and seal(s) the day and year first above written. Signed, sealed and delivered in our presence: iPi FOR Print�d Naam�e:14dj e�l 6 a — Printed Name��7%� TOPPER HOLDINGS, LLC, by its managing member CHILTERN HOLDINGS, LLC By b DAVID WARNER, Manager Packet Pg. 131 8.C.4.a STATE OF FLORIDA COUNTY OF ST. LUCIE _ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DAVID WARNER, Manager of Chiltern Holdings, LLC the managing member of Topper Holdings, LLC, who is 'personally known to me or has ❑ produced his a drivers license(s) as identification. 0 WITNESS my hand and official seal in the County and State last afo said this day of February, 2016. E (Seal) /-j--� My Commission s : ROBERTJ.GORMM Notary Pub c rn * MY COMMISSION # FF 0152 r EXPIRES: October 15, 2019 Q iP'er���°� �ondldtllruBdd9etN�teryi�Moe1 °� N Packet Pg. 132 8.C.4.a vi ASSIGNMENT AND ASSUMPTION THIS ASSIGNMENT is made this 2 G day of February, 2016, by and between Topper = L Holdings, LLC, hereinafter referred to as "Assignor" and Planemarketing, LLC, hereinafter referred a to as "Sublessee". o RECITALS WHEREAS, Topper Holdings, LLC entered into a Ground Sublease as Sublessee with Air Charter of Florida, Inc. d/b/a Jet Service Center, dated December 7, 2012 for Hangar 3147, with an address of 3147 Jet Center Terrace at the St. Lucie County International Airport as described on Exhibit A attached hereto and incorporated by reference; and WHEREAS, St. Lucie County as Landlord and Air Charter of Florida, as Sublessor, entered into that certain Lease Agreement dated March 12, 1992; and WHEREAS, St. Lucie County and Air Charter of Florida, as Lessor, entered into an Amended Lease Agreement on January 27, 2003' and WHEREAS, an Assignment and Assumption Agreement of Amended Lease Agreement was entered into and recorded, by and between, Treasure Coast FBO LLC (Assignor), and Fort Pierce FBO LLC (Assignee) on May 21, 2008; and WHEREAS, an Assignment and Assumption Agreement of Amended Lease Agreement was entered into and recorded, by and between Treasure Coast FBO LLC (Assignor), and Fort Pierce FBO LLC (Assignee), on January 18, 2011. WHEREAS, THOMAS W. SNYDER, Personal Representative of the Estate of Wayne J. Snyder, deceased, and Marie Snyder (Assignor) did assign, transfer and convey unto Topper Holdings, LLC (Assignee), of their right, title interest and claim in and to Ground Sublease of Sublessee assigned, transferred and conveyed unto it and in the demised premises therein described; and WHEREAS, Topper Holdings, LLC (Assignor) desires to assign, transfer and convey unto Planemarketing, LLC (Assignee), all of its right, title, interest and claim in and to said sublease assigned, transferred and conveyed unto it and in the demised premises therein described; and WHEREAS, the Master Lease between Fort Pierce FBO, LLC, as Lessee and St. Lucie County, successor in interest to St. Lucie County Port and Airport Authority, as Lessor, requires Lessee and Lessor to Consent to assignment. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that TOPPER HOLDINGS, LLC, (Assignor), for and in consideration of the sum of ONE HUNDRED TEN THOUSAND DOLLARS ($110,000.00) and other good and valuable considerations, the receipt and sufficiency thereof is acknowledged, subject to consent of St. Lucie County, by the Board of County Packet Pg. 133 8.C.4.a Commissioners and Fort Pierce FBO, LLC: Do hereby transfer, convey and assign unto ASSIGNEE all of its estate, right, title, claim and interest as Sublessee in and to that certain Sublease Agreement between it and Fort P:ierce FBO, LLC, as successor in interest of Air Charter of Florida, Inc., to Planemarketing, LLC, subject to all of the terms, conditions and provisions thereof and the Master Lease between Air Charter of Florida, Inc., as Lessee and St. Lucie County, formerly acting by and through the St. Lucie County Port & Airport Authority, as Lessor dated March 12, 1992 and Amended Lease Agreement dated January 18, 2011. Witness Witness Witness Assignor: TOPPER HOLDINGS, LLC by its Manager Chiltern Holdings, LLC By: David arner, Managing Member Assignee: R-A G, LLC olfenden, Managing Member Packet Pg. 134 8.C.4.a CONSENT OF ST. LUCIE COUNTY ST. LUCIE COUNTY, as Lessor under the Master Lease, does hereby consent to the assignment of the above Sublease by Topper Holdings, LLC (Assignor) to Planemarketing, LLC (Assignee). ST. LUCIE COUNTY further consents to the agreement by Assignee to assume, on and after , 2016 the payment of rent and performance of all duties and obligations as set forth in the Sublease, Master Lease and any addenda. Dated: the day of February, 2016. ATTEST: Deputy Clerk am BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA wo , Chairman 60TJa�7_�,IC$l:Is] 0XGYN- ,%3 am Manager , County Attorney Packet Pg. 135 - }uawu6issV aseajgng ae6ueH : tibV£) aosse-1 punoao jo 1u0su03 - LbL£ ae6ueH :q'b'3'8;uewLjoejjV q V � � a m Y CONSENT OF GROUND LESSOR a Fort Pierce FBO, LLC, successor in interest to Air Charter of Florida, Inc., lessor named in Ground Sublease, and St. Lucie County, consents to the assignment of the sublease of Topper Holdings, LLC (Assignor) to Planemarketing, LLC "Sublessee", with the following modifications and agreements: As to Paragraph XVII of both ground subleases, dated December 1, 1999, by and between Air Charter of Florida, Inc. and Wayne Snyder and Marie Snyder, the following addendum to respective sublease minimum insurance requirements: -the required General Liability Coverage amount is $1,000,000 per incident, $2,000,000 aggregate for any commercial operation on the field, as per St. Lucie County's published Airport Minimum Standards & Insurance Requirements -the County (St. Lucie), must be named as Additional Insured, per same regulations. 2. SubLessee agrees to paragraph XXXIII of both ground subleases, as described, under 1. above with the following additional requirements related to `non -compete covenant': -Sublessee agrees that any agreement for commercial hangar storage by and between Sublessee and a third party, requires the consent of landlord, and a county approved lease by and between the Sublessee and third party. Sublessee further agrees to not engage in offering hangar storage to any current tenant of Fort Pierce FBO, LLC. SubLessee acknowledges that St. Lucie County has a Stormwater Permit in place and that Lessor's leased ground falls under this permit. SubLessee agrees to open any facility on leased subground for the purpose of the annual inspection conducted by St. Lucie County as required under its permit obligations. Sublessee further agrees to abide by the Stormwater Permit's Best Management Practices and requirements to monitor any potential pollutants, deriving from SubGround Lessee's property, and clean up/dispose any pollutant spills. 4. Sublessee acknowledges that St. Lucie County has adopted `Minimum Standards & Regulations', on December 4, 2007,. Sublessee agrees to abide by the current Standards and Regulations. Sublessee agrees to file for a Commercial Operating Permit, if so required by St. Lucie County. In consideration of this Consent, Sublessee has presented the use of premises to be Aeronautical in nature, specifically A/R, MF_T Dated the a day of February, 2016. FO :S 8.D.1 ITEM NO. RES-2016-41 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: BACKGROUND: Susan Jacob, Library Manager Library Services Division Annual State Aid to Libraries Grant DATE: 03/15/2016 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County has been the recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county and municipal libraries throughout the State. The amount of each Library's annual award fluctuates and is based on the total State appropriation and the Library's actual operating budget from the previous fiscal year. Operating grants provide a match of up to 25 cents on each dollar of local funds expended centrally for the operation and maintenance of the Library during the second preceding fiscal year. The FY 2016 State Aid allocation is $103,147. PREVIOUS ACTION: September 1, 2015 - The Board approved the submittal of the annual State Aid to Libraries Grant application. FINANCIAL IMPACT: The St. Lucie County Library System has been awarded their annual State Aid to Libraries grant allocation. The State requires that all grantees track each year's State Aid to Libraries Grant in a separate program fund. Therefore, the projected budget for the FY16 allocation will be adjusted to include only the prior year's funding. The new grant allocation of $103,147 will be deposited into the State Aid to Libraries Grant fund (105203-7115-334711-700 RECOMMENDATION: Staff recommends approval of the resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 137 8.D.1 Coordination/Signatures 62 yder, Community Services Di, r 2/22/2016 anie SWMcinty're,,t,orney 3/1/2016 Updated: 3/7/2016 12:43 PM by Katrina Slay A Page 2 Packet Pg. 138 I 8.D.1.a I STATE AID TO LIBRARIES GRANT NOTIFICATION OF GRANT AWARD Fiscal Year 2015-16 Recipient: Saint Lucie County Library System 101 Melody Lane Fort Pierce, Florida 34950-4402 Susan Jacob, Library System Manager Project Start Date: Upon execution of grant agreement PROJECT PROJECT # CSFA* # AWARD State Aid to Libraries Grant 16-ST-76 45.030 $103,147 *Catalog of State Financial Assistance Grant Payment The grant payment will be requested upon execution of the grant agreement. �o T 0 N co W L. o nson, D'r ctor D to io f Library nd Information Services Florida Department of State, Division of Library and Information Services 500 South Bronough Street, Tallahassee, Florida 32399-0250, 850.245.6620 Packet Pg. 139 8.D.1.a ij � 4 i r ifs,` FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 5, 2016 Susan Jacob, Library System Manager Saint Lucie County Library System 1 O 1 Melody Lane Fort Pierce, Florida 34950-4402 Subject: State Aid to Libraries Grant Program, 16-ST-76 Dear Ms. cab: 3 c Division of Library and Information Services staff have reviewed the Fiscal Year 2015-16 State Aid Q to Libraries grant application submitted by your library. I am pleased to inform you that your library has met all of the requirements of Rule 1B-2.011, Florida Administrative Code. 0 N Grant funds will be paid in one payment, which was requested upon execution of the grant w agreement. A copy of the executed grant agreement and a Notification of Grant Award are enclosed. Also enclosed is a list of the grants that libraries will receive during FY2015-16. If you need additional information or clarification, please contact Marian Deeney, State Aid to Libraries Grant Program Administrator, at 850.245.6620 or marian.deeney@dos.myflorida.com. ;ereiy, y L. son, Dirde or isio f Library and Information Services ALJ/md Enclosures Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street* Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 )Fax) info.florida.gov r� Packet Pg. 140 RESOLUTION 8.D.1.b WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a Grant from the Florida Department of State, Division of Library and information Services in the amount of $103,147 for State Aid to Libraries services. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 105203-7115-334711-700 Div. of Library Info. APPROPRIATIONS 105203-7115-534000-7950 Other Contr. Serv. (SLW Lib) 105203-7115-552000-700 Operating Supplies 105203-7115-599330-700 Project Reserves After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman Commissioner Chris Dzadovsky, Vice Chairman Commissioner Tod Mowery Commissioner Paula A. Lewis Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: DEPUTY CLERK $103,147 $ 85,000 $ 10,147 $ 8,000 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 141 8.D.2 ITEM NO. (ID # 3399) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Susan Jacob, Library Manager Library Services Division DATE 03/15/2016 *CONSENT AGENDA\COMMUNITY SERVICES Annual State Aid to Libraries Grant Acceptance-FY16 St. Lucie County has been the recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county and municipal libraries throughout the State. The amount of each Library's annual award fluctuates and is based on the total State appropriation and the Library's actual operating budget from the previous fiscal year. Operating grants provide a match of up to 25 cents on each dollar of local funds expended centrally for the operation and maintenance of the Library during the second preceding fiscal year. The FY 2016 State Aid allocation is $103,147. PREVIOUS ACTION: September 1, 2015 - The Board approved the submittal of the annual State Aid to Libraries Grant application. FINANCIAL IMPACT: N/A :T���I► I► i�►lZ��i:�I►F Staff recommends acceptance of the grant award and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 142 Coordination/Signatures 62 yder, Community Services Di, r 3/1/2016 anie SWMcinty're,,t,orney 3/2/2016 Updated: 2/24/2016 9:07 AM by Susan Jacob Page 2 Packet Pg. 143 I 8.D.2.a I STATE AID TO LIBRARIES GRANT NOTIFICATION OF GRANT AWARD Fiscal Year 2015-16 Recipient: Saint Lucie County Library System 101 Melody Lane Fort Pierce, Florida 34950-4402 Susan Jacob, Library System Manager Project Start Date: Upon execution of grant agreement PROJECT PROJECT # CSFA* # AWARD State Aid to Libraries Grant 16-ST-76 45.030 $103,147 *Catalog of State Financial Assistance Grant Payment The grant payment will be requested upon execution of the grant agreement. L. o nson, D'r ctor D to io f Library nd Information Services Florida Department of State, Division of Library and Information Services 500 South Bronough Street, Tallahassee, Florida 32399-0250, 850.245.6620 Packet Pg. 144 1 8.D.2.a FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor February 5, 2016 Susan Jacob, Library System Manager Saint Lucie County Library System 1 O 1 Melody Lane Fort Pierce, Florida 34950-4402 Subject: State Aid to Libraries Grant Program, 16-ST-76 Dear Ms. cob: 5VSa-e— KEN DETZNER Secretary of State Division of Library and Information Services staff have reviewed the Fiscal Year 2015-16 State Aid to Libraries grant application submitted by your library. I am pleased to inform you that your library has met all of the requirements of Rule 1B-2.011, Florida Administrative Code. Grant funds will be paid in one payment, which was requested upon execution of the grant agreement. A copy of the executed grant agreement and a Notification of Grant Award are enclosed. Also enclosed is a list of the grants that libraries will receive during FY2015-16. If you need additional information or clarification, please contact Marian Deeney, State Aid to Libraries Grant Program Administrator, at 850.245.6620 or marian.deeney@dos.myflorida.com. ;ereiy, y L. son, Dirde or isio f Library and Information Services ALJ/md Enclosures Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street* Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 )Fax) info.florida.gov r� Packet Pg. 145 riUJeCI IVurnDer: iu-JI- /b Saint Lucie County Library System Saint Lucie County oq 14 STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Saint Lucie County Board of County Commissioners for and on behalf of Saint Lucie County Library System This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Saint Lucie County Board of County Commissioners for and on behalf of Saint Lucie County Library System, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2015-201 G State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Stalirtes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work as identified in Section 257.17 Floricla Statirtes: Manage or coordinate lree library service to the residents of its legal service area. The Grantee shall; I . Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. State Aid to Libraries Grant Agreement Chapter I B-2.01 l (2)(a), Florida AdminisiraiNe Cock, Effective 4-201 S. Page i of 17 Packet Pg. 146 8.D.2.b b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payment to be awarded. Payment 1, Deliverable/Task 1: +� The first payment will be a fixed price in the amount of 100% of the grant award. The Grantee will have at least one library, branch library or member library open 40 hours or more each week. 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 29 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399 Phone: (850) 245-6620 Facsimile: (850) 245-6643 Email: marian.deeney@dos.myflorida.coin For the Grantee: Susan Jacob, Library System Manager 101 Melody Lane Fort Pierce, Florida 34950-4402 Phone: (772) 462-1615 Facsimile: (772) 462-2750 Email: jacobs@stlucieco.org stlucieco.org State Aid to Libraries Grant Agreement Page 2 of 17 Chapter I B-2.011(2)(a), Floricla khministrative Code, Effective 4-2015. Packet Pg. 147 8.D.2.b 5. Grant Payments. All grant payments are requested by submitting a Grant Payment Request Form. The Grant Payment Request Form is available on the Division's website at info.florida. ovlservices-for-libraries/ rants/coo erative/ uidelines-a lieations-and-forms/, The total grant award shall not exceed the amount specified on the "Fiscal Year 2015-2016 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) The first payment will be a 100% fixed price in the amount of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6, Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-AI-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendoninyfloridaefo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the )division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. First payment will be withheld if Deliverables are not satisfactorily completed. State Aid to Libraries Grant Agreenient Page 3 of 17 Chapter I B-2,011(2)(a), Florida AdWinistrritive Code, Effective 4-2415. Packet Pg. 148 8.D.2.b 4. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds, Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them, Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at m floridaefo.com/aadir/reference uide/. Grant funds may not be used for the purchase or construction of a library building or library quaiters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs, In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the teens and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide far State Expenditures. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Library Program Administrator, Division of Library and Information Services, 500 South Bronough Street, Mail Station ##91), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. State Aid to Libraries Grant Agreement Page h of 17 Chapter IB-2.011(2)(a), Floricla Administt•ative Code, Effective 4-2015, Packet Pg. 149 8.D.2.b W. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five- year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16.Obligation to Provide State Access to Grant Records. The Grantee must make all grant retards of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's Final Report at the end of the Grant Period, 19. Noncompliance. Any Grantee that is not following Florida statutes or piles, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. State Aid to Libraries Grant Agreement Page 5 of 17 Chapter 1 B-2,011(2)(a), Florldo Adininistrative Code, Effective 4-2015. Packet Pg. 150 8.D.2.b 20. Accounting Requirements, The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest -bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; c) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 2t. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state fiends upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 22. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 23. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. State Aid to Libraries Grant Agreement Page 6 of 17 Chapter t B-2.011(2)(a), Florida Achninistrative Corte, Effective 4-2015. Packet Pg. 151 8.D.2.b 24. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement, The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 25. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768,28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 26. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 19, Noncompliance. 27. No )discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. State Aid to .Libraries Grant Agreeinent Page 7 of 17 Chapter 15-2.011(2)(a), Florida Acbninish-alive Code, Effective 4-2015. Packet Pg. 152 8.D.2.b 28. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 29. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement, The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the- notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 30. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 31.. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 32. Required Procurement Procedures for Obtaining Goods and Services, The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below, 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. State Aid to Libraries Grant Agreement Page 8 of 17 Chapter 1 B-2.01 l(2)(a), Florida Adininistrative Code, Effective 4-2015. Packet Pg. 153 8.D.2.b 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 33. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationsbip with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 34. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 35. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 36. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will retrain in full force and effect, and such term or provision shall be deemed stricken. 37. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 38. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. State Aid to Libraries Grant Agreement Page 9 of 17 Chapter 1B-2.011(2)(a), Florida Achninistrative Code, Effective 4-2015. Packet Pg. 154 8.D.2.b 39. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Federal and State of Florida Single Audit Act Requirements (Attachment A), including Exhibit 1. c) Fiscal Year 2015-2016 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee: Tay: Chair of Goveming Bod or Chief Executive Officer. vo,W a A. tews, ► bom C a:\r Typed n me Chie ' Financial Officer Jwph C5,n A, 5Le ' Typ d name and title Date Department of State: La Department of State, State of Florida Typed name and title � 1�14MLA-j - Witne, State Aid to Libraries Grant Agreement Chapter I B-2.01 1(2)(a), Coele, Effective 4-2015. Page 10 of 17 Packet Pg. 155 8.D.2.b ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement, MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F — Audit Requirements and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.328 and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization that has received federal funds awarded through the Department of State. Exhibit 1 to this attachment indicates whether federal resources have been awarded through the Department of State by this agreement. 2 CFR 2 §200,501 Audit Requirements: (a) Audit required. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single or program -specific audit conducted for that year in accordance with the provisions of this pant. (b) Single audit. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single audit conducted in accordance with 2 CFR 2 §200.514 Scope of audit, except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. State Aid to Libraries Grant Agreement Page I I of 17 Chapter 18-2.011(2)(a), Florida Adminisivative Code, Effective 4-2015. Packet Pg. 156 8.D.2.b (c) Program -specific audit election. When an auditee expends federal awards under only one federal program (excluding R&D) and the federal program's statutes, regulations, or the terrns and conditions of the federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program -specific audit conducted in accordance with 2 CFR 2 §200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass -through entity, and that federal agency, or pass -through entity in the case of a subrecipient, approves in advance a program -specific audit. (d) Exemption when federal aivards expended are less than $750, 000. A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 2 §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass -through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not federal awards. Section §200,330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibilityfor contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with federal statutes, regulations, and the terms and conditions of federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with federal statutes, regulations, and the terms and conditions of federal awards. (h) For -profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass -through entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit subrecipients. The agreement with the for -profit subrecipient should describe applicable compliance requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance for federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements for pass -through entities. The Internet address listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. U.S. Government Printing Office www.ecff.gov State Aid to Libraries Graiit Agreement Page 12 of 17 Chapter IB-2.o 1 1(2)(a), Florida Adi?dnistrative Code, Effective 4-2015. Packet Pg. 157 8.D.2.b PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes and has received state funds awarded by the Department of State. Exhibit 1 to this attachment indicates whether state resources have been awarded by the Department of State by this agreement. Section 215.97, Florida Statutes Single Audit Requirements 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 1 to this attachment indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies and other nonstate entities. State financial assistance does not include federal direct or pass - through awards and resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in fart II, paragraph 1 of this attachment, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 21597, Florida Statutes is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet addresses listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) fldfs.com State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) State Aid to Libraries Grant Agreement Page 13 of 17 Chapter I B-2.01 t(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 158 8.D.2.b PART III; REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.512 and required by fart I of this attachment shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf of the recipient, directly to each of the following; A. The Department of State at the following address; Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse, electronically, at harvester.census.gov/sac/as designated in 2 CFR 2 §200.512 C. Other federal agencies and pass -through entities, in accordance with 2 CFR 2 §200.513. 2. In the event that a copy of the reporting package for an audit required by rail I of this attachment and conducted in accordance with 2 CFR 2 §200.501 Audit Requirements is not required to be submitted to the Department of State for the reasons pursuant to 2 CFR 2 §200.501, the recipient shall submit the required written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the recipient's audited schedule of expenditures of federal awards directly to the following: Office of Inspeector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 2 §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass -through entity and Government Accountability Office (GAO). State Aid to Libraries Grant Agreement Page 14 of 17 Chapter lB-2,011(2)(a), Florida,4dininistrative Code, Effective 4-2015, Packet Pg. 159 8.D.2.b 3. Copies of financial reporting packages required by Part I1 of this attachment shall be submitted, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room. 401, Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letters or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 2 Subpart F, Audit Requirements; Section 215.97, Florida Statutes; and Chapter 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 2 Subpart F or Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION l . The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued and shall allow the Department of State or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State or its designee, Chief Financial Officer or Auditor General upon request for a period of five fiscal years from the date the audit report is issued, unless extended in writing by the Department of State. State Aid to Libraries Grant Agreement Page 15 of 17 Chapter 1 B-2.011(2)(a), Florida Adminisirative Code, Effective 4-2015. Packet Pg. 160 8.D.2.b EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 2015-2016 State Aid to Libraries Final Grants COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.030. State Aid to Libraries Grant Agreement Page 16 of 17 Chapter 1B-2.011(2)(a), Florida Achninistrative Cocle, Effective 4-20I S. Packet Pg. 161 8.D.2.b Attachment B Fiscal Year 201 a-16 State Aid t0 Libraries Final Grants This table shows the final State Aid to Libraries grant that each eligible library will receive in 2015-16. For 2015-16, the available funding for State Aid grants is $22,298,834, which is 17.02 percent of what would be required for full funding. At this level, Operating Grants pay 3.04 cents on the dollar of expenditure by a $articipating library during the second preceding year. Operating Grants total 14,807,416; Equalization Grants total $4,616,375; and Multicounty Grants total $2,875,043. COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT ALACHUA COUNTY $477,719 $477,719 BAKER COUNTY $4,377 $49,174 $53,551 BAY COUNTY $61,631 $61,631 BRADFORD COUNTY $15,042 $337,173 $352,215 BREVARD COUNTY $459,543 $459,543 BROWARD COUNTY $1,720,083 $1,720,083 CALHOUN COUNTY $8,525 $193,266 $201,791 CHARLOTTE COUNTY $123,701 $123,701 CITRUS COUNTY $76,884 $76,884 CLAY COUNTY $60,821 $60,821 COLLIER COUNTY $219,838 $219,838 COLUMBIA COUNTY $16,025 $173,626 $189,651 DESOTO COUNTY $4,953 $54,760 $59,713 DIXIE COUNTY $4,611 $52,120 $56,731 DUVAL COUNTY $1,022,446 $1,022,446 ESCAMBIA COUNTY $135,216 $135,216 FLAGLER COUNTY $29,475 $29,475 FRANKLIN COUNTY $6,592 $72,549 $79,141 GADSDEN COUNTY $16,655 $369,086 $385,741 GILCHRIST COUNTY $3,451 $38,920 $42,371 GLADES COUNTY $1,363 $15,393 $16,756 GULF COUNTY $4,355 $48,175 $52,530 HAMILTON COUNTY $12,034 $270,304 $282,338 HARDEE COUNTY $5,020 $55,396 $60,416 HENDRY COUNTY $14,964 $163,861 $178,825 HERNANDO COUNTY $39,915 $377,874 $417,789 HIGHLANDS COUNTY $17,997 $183,098 $201,095 HILLSBOROUGH COUNTY $1,146,191 $1,146,191 HOLMES COUNTY $3,486 $39,467 $42,953 INDIAN RIVER COUNTY $98,135 $98,135 JACKSON COUNTY $10,431 $115,269 $125,700 JEFFERSON COUNTY $6,700 $151,160 $157,860 LAFAYETTE COUNTY $4,016 $91,3391 $95,355 State Aid to Libraries Grant Agreement Chapter 1i3-2,011(2)(a), Florida Administrative Code, Effective 4-2015 P Packet Pg. 162 8.D.2.b COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT LAKE COUNTY $210,957 $210,957 LEE COUNTY $701,200 $701,200 LEON COUNTY $183,912 $183,912 LEVY COUNTY $9,154 $100,696 $109,850 LIBERTY COUNTY $2,459 $55,965 $58,424 MADISON COUNTY $11,603 $261,368 $272,971 MANATEE COUNTY $194,655 $194,655 MARTON COUNTY $161,776 $161,776 MARTIN COUNTY $103,676 $103,676 MIAMI-DADE COUNTY $1,351,255 $1,351,255 MONROE COUNTY $82,495 $82,495 NASSAU COUNTY $35,524 $35,524 OKALOOSA COUNTY $99,649 $99,649 OKEECHOBEE COUNTY $10,367 $114,231 $124,598 ORANGE COUNTY $951,494 $951,494 OSCEOLA COUNTY $196,318 $196,318 PALM BEACH COUNTY $1,227,733 $1,227,733 PASCO COUNTY $167,940 $167,940 PINELLAS COUNTY $857,247 $857,247 POLK COUNTY $310,491 $310,491 PUTNAM COUNTY $20,125 $211,835 $231,960 SAINT JOHNS COUNTY $149,711 $149,711 SAINT LUCIE COUNTY $103,147 $103,147 SANTA ROSA COUNTY $51,860 $51,860 SARASOTA COUNTY $305,567 $305,567 SEMINOLE COUNTY $164,707 $164,707 SUMTER COUNTY $64,000 $229,441 $293,441 SUWANNEE COUNTY $31,032 $481,987 $513,019 TAYLOR COUNTY $6,192 $68,729 $74,921 UNION COUNTY $4,148 $94,363 $98,511 VOLUSIA COUNTY $455,385 $455,385 WAKULLA COUNTY $6,433 $71,753 $78,186 WALTON COUNTY $21,411 $21,411 WASHINGTON COUNTY $6,600 $73,997 $80,597 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015 Packet Pg. 163 8.D.2.b COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT ALTAMONTE SPRINGS $12,110 $12,110 BOYNTON BEACH $72,484 $72,484 DELRAY BEACH $68,528 $68,528 FORT MYERS BEACH $34,181 $34,181 HIALEAH $38,215 $38,215 LAKE PARK $7,103 $7,103 LAKE WORTH $14,185 $14,185 LANTANA $5,205 $5,205 MAITLAND $18,290 $18,290 NEW PORT RICHEY $28,110 $28,110 NORTH MIAMI $27,865 $27,865 NORTH MIAMI BEACH $23,182 $23,182 NORTH PALM BEACH $22,161 $22,161 OAKLAND PARK $17,387 $17,387 PALM SPRINGS $21,593 $21,593 RIVIERA BEACH $21,379 $21,379 SANIBEL $45,638 $45,638 TEMPLE TERRACE $21,266 $21,266 WEST PALM BEACH $122,508 $122,508 WILTON MANORS $17,253 $17,253 WINTER PARK $76,355 $76,355 Total $14,807,416 $4,616,375 $19,423,791 Multicounty Grants :d HEARTLAND LIBRARY COOPERATIVE $450,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE $327,356 NORTHWEST REGIONAL LIBRARY SYSTEM $350,000 PAL PUBLIC LIBRARY COOPERATIVE $350,000 PANHANDLE PUBLIC LIBRARY COOPERATIVE SYSTEM $392,990 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM $350,000 THREE RIVERS REGIONAL LIBRARY SYSTEM $339,953 WILDERNESS COAST PUBLIC LIBRARIES $314,744 Total $2,875,043 Grand Total $22,298,834 -In FY 2015-16, Plant City is receiving funding as a part of the Hillsborough County Library Cooperative. -Indian Rocks Beach is not eligible for funding in FY 2015-16. State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015 Packet Pg. 164 8.D.3 ITEM NO. (ID # 3391) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Award of Invitation to Bid (ITB) No. 15 BACKGROUND: DATE: 03/15/2016 *CONSENT AGENDA\COMMUNITY SERVICES The Housing Division receives Federal and State grants that provide funding for low-income residents to assist with the rehabilitation or replacement of owner occupied homes. On August 20, 2015, ITB No. 15 was issued to the eight (8) contractors on the pre -qualified contractors list. A mandatory pre -bid meeting was completed on September 1, 2015 and bids were due on September 25, 2015. This project was delayed due to the review and approval process of the Environmental Review Record by the Florida Department of Economic Opportunity. All projects incorporate green, energy -efficient products, including but not limited to 16 SEER or higher rated HVAC, double pane low E impact windows, and Energy Star -certified appliances and hot water heaters. The apprenticeship program parameters do not apply, as this project does not exceed $300,000.00; local preference is not permitted with federal funds. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from the Community Development Block Grant (CDBG) Small Cities fund and the State Housing Initiatives Partnership (SHIP) fund (001563-5420-549605-500 & 185016-5420-549605- 500). RECOMMENDATION: Staff recommends Board approval to award ITB No. 15 to Black Street Enterprises, LLC in the amount of $119,592.00 and authorization for the Chairman to sign documents as approved by the County Attorney. Packet Pg. 165 COMMISSION ACTION: Coordination/Signatures 6;yirnu�nityServicesDi/er, Com r r 3/2/2016 K = Barbieri, Asst. County Attorney 3/4/2016 Updated: 2/22/2016 11:09 AM by Jennifer Hance Page 2 Packet Pg. 166 I 8.D.3.a I COUNTY F L O R I D A St. Lucie County Housing Rehabilitation Program Bid Tab ITB 15 Bid Opening September 30, 2015 at 11:00 AM Contractor ITB 15 Lurry - 406 N. 40t" Street Gentile Corp. $121,900 West Palm Beach, FL BlackStreet Enterprises, LLC $119,592 Port Saint Lucie, FL De La Hoz Builders $119,956 Sebastian, FL Packet Pg. 167 1 8.G.1 ITEM NO. (ID # 3408) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 03/15/2016 George Landry, Employee Safety & Risk Manager Employee Safety & Risk Division Corizon Inmate Health Care 2015-2016 *CONSENT AGENDA\HUMAN RESOURCES Corizon Health Services, third party administrator for County jail inmate health care, manages and pays for offsite (outside of jail) utilization of medical care. The County reimburses Corizon for invoices paid. Per the contract, the County is required to pay for inmate medical services whenever an inmate has no viable method of paying for medical services. Corizon is requesting reimbursement in the amount of $824,530.19 for invoice number CZN000018621 (attachment A), CZN000018622 (attachment B), and CZN000018623 (attachment C) for claims through December 2015. This action will come from the inmate medical budget in General Fund (001-2300-531300-200). PREVIOUS ACTION: Total spent on inmate health care fiscal year-to-date is $116,701.60. FINANCIAL IMPACT: There is sufficient funding available from the inmate medical expense account within the General Fund (001-2300-531300-200). The available balance is $4,238,314.40 additional funding will be made available from reserves. RECOMMENDATION: Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000018621, CZN000018622 and CZN000018623 for FY 2015-16 Inmate Utilization of Medical Services costs in the amount of $824,530.19. COMMISSION ACTION: Packet Pg. 168 8.G.1 Coordination/Signatures an esources Director 2/29/2016 ian,ieA6.McIWntyre,,t,orney 3/1/2016 Ho and Tipton, Count Ad ministrato 3/9/2016 Updated: 3/7/2016 11:17 AM by Katrina Slay Page 2 Packet Pg. 169 8.G.2 ITEM NO. (ID # 3409) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 03/15/2016 George Landry, Employee Safety & Risk Manager Employee Safety & Risk Division Corizon HIV Meds Oct 2015 thru Jan 2016 *CONSENT AGENDA\HUMAN RESOURCES Corizon Health Services acts as a third -party administrator for St. Lucie County Jail inmate healthcare. Corizon manages, administers, and pays for inmate HIV medications and offsite services for inmates at the County Jail. Corizon has submitted Invoice Numbers CZN000018329 (Attachment A), CZN000018399 (Attachment B), CZN000018624 (Attachment C), and CZN000018679 (Attachment D) in the amount of $186,680.81, requesting reimbursement from the County for October 2015 thru January 2016 inmate HIV medication costs. The contract with Corizon provides for reimbursement from the General Fund when no other source of payment is available. This invoice will be paid out of the FY 2016 Budget. PREVIOUS ACTION: Total spent on inmate health care fiscal year-to-date is $116,701.60. FINANCIAL IMPACT: There is sufficient funding available from the inmate medical expense account within the General Fund (001-2300-531300-200). The available balance is $4,238,314.40 additional funding will be made available from reserves. RECOMMENDATION: Staff recommends Board approval for payment of Corizon Health Services Invoice Numbers CZN000018329 for October 2015, CZN000018399 for November 2015, CZN000018624 for December 2015 and CZN000018679 for January 2016 Inmate HIV medications in the total amount of $186,680.81. COMMISSION ACTION: Packet Pg. 170 8.G.2 Coordination/Signatures an esources Director 2/29/2016 ian,ieA6.MclWntyre,,t,orney 3/1/2016 Ho and Tipton, Count Ad ministrato 3/9/2016 Updated: 2/29/20164:36 PM by Matthew Beard Page 2 Packet Pg. 171 8.J.1 ITEM NO. RES-2016-43 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 03/15/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Asheley Hepburn, Office of Management & Budget Director Budget Division Resolution - Energy Efficiency (FP&L) 2015 The Board approved the Energy Efficiency Lease/Purchase Agreement. A budget was not established at that time; therefore, a budget must be established to appropriate proceeds from this transaction. This action seeks the Boards authorization to establish a budget. PREVIOUS ACTION: December 1, 2015 the Board of County Commissioners approved the Energy Efficiency Lease/Purchase Agreement. This is Phase 2 of the Master Agreement for Demand Side Management and Energy Efficiency Services which has been in effect since May 27, 2007. Phase 1 of the Master Agreement with Florida Power and Light ("FPL") was for water conservation measures at the Rock Road County Jail. FINANCIAL IMPACT: As these funds were not anticipated in the adopted FY 2016 budget, a budget needs to be established in the Energy Efficiency & Lease/Purchase FP&L Funds (322 & 222). RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution to establish the budget for the Energy Efficiency Lease/Purchase Agreement. COMMISSION ACTION: Packet Pg. 172 8.J.1 Coordination/Signatures anie . McIntyre, C my ttorney 3/2/2016 i=k S er ee, Dep County ministrato 3/3/2016 Updated: 3/1/2016 5:13 PM by Sophia Holt Page 2 Packet Pg. 173 RESOLUTION 8.J.1.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through lease proceeds from the Energy Efficiency Lease/Purchase Agreement in the amount of $9,305,379 for the FP&L Energy Efficiency Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 322-0000-383100-000 Capital Lease Proceeds $9,290,379 222-0000-383100-000 Capital Lease Proceeds $ 15,000 $9,305,379 APPROPRIATIONS 322-1931-383100-1936 Buildings $9,290,379 222-9950-573100-800 Additional Expenses $ 15,000 $9,305,379 After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 174 8.J.2 ITEM NO. RES-2016-44 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 03/15/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Asheley Hepburn, Office of Management & Budget Director Budget Division Resolution - SLC, Capital Imp. Revenue Bonds, Series 2016 (Jail Security System) The Board approved the SLC, Capital Improvement Revenue Bonds, Series 2016 (Jail Security System). A budget was not established at that time; therefore, a budget must be established to appropriate proceeds from the Bonds. This action seeks the Boards authorization to establish a budget. PREVIOUS ACTION: On January 26, 2016 the Board of County Commissioners approved the Capital Improvement Revenue Bonds, Series, 2016. FINANCIAL IMPACT: As these funds were not anticipated in the adopted FY 2016 budget, a budget needs to be established in the Capital Improvement Revenue Bonds Funds (320 & 220). RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution to establish the budget for the SLC, Capital Improvement Revenue Bonds, Series 2016. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Cori ttorney 3/2/2016 Ho and Tipton, Count Administrate 3/9/2016 Packet Pg. 175 RESOLUTION 8.J.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through bond proceeds from the SLC, Capital Improvement Revenue Bonds, Series 2016 (Jail Security System) in the amount of $3,320,000 for the Jail Security System Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 320-0000-385100-000 Bond Proceeds $3,288,722 220-0000-383100-000 Capital Lease Proceeds $ 31,278 $3,320,000 APPROPRIATIONS 320-1931-563000-26001 Infrastructure $3,288,722 220-9950-573100-800 Additional Expenses -Bonds $ 31,278 $3,320,000 After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 176 8.J.3 ITEM NO. RES-2016-45 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 03/15/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Asheley Hepburn, Office of Management & Budget Director Budget Division Resolution - SLC, Equipment Lease/Purchase Agreement (800 MHz Radio System Upgrade) The Board approved the Equipment/Lease Purchase Agreement with Motorola Solutions, Inc. A budget was not established at that time; therefore, a budget must be established to appropriate proceeds for this transaction. This action seeks the Boards authorization to establish a budget. PREVIOUS ACTION: On December 15, 2015, the Board of County Commissioners approved the Equipment/Lease Purchase Agreement with Motorola Solutions, Inc. FINANCIAL IMPACT: As these funds were not anticipated in the adopted FY 2016 budget, a budget needs to be established in the 800 MHz Fund (107003) and 800MHz issuance cost and debt service Fund (223). RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution to establish the budget for the 800 MHz Radio System Equipment/Lease Purchase Agreement with Motorola Solutions, Inc. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Cori ttorney 3/2/2016 Ho and Tipton, Count Administrate 3/9/2016 Packet Pg. 177 RESOLUTION 8.J.3.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through lease proceeds from the Lease/Purchase Agreement in the amount of $8,967,201 for the 800 MHz Radio System Upgrade. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 107003-0000-383100-000 APPROPRIATIONS 107003-2120-563000-2609 Capital Lease Proceeds Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman Commissioner Chris Dzadovsky, Vice Chairman Commissioner Tod Mowery Commissioner Paula A. Lewis Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: DEPUTY CLERK $8,967,201 $8,967.201 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 178 8.J.4 ITEM NO. (ID # 3419) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 03/15/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Proposal (RFP) No. 15-071, Appraisal Services On October 21, 2015, responses to RFP No. 15-071, Appraisal Services, were opened. Eight proposals were received; 138 companies were notified and 16 RFP documents were distributed. The successful Proposers shall provide property appraisal services for St. Lucie County on an as -needed basis. Awarded Appraisal firms must follow the rules and regulations pursuant to Florida Statute 475, Part II and the Florida Real Estate Appraisal Board, Chapter 21VV, Florida Administrative Code and must comply with the Uniform Standards of Professional Appraisal Practice. The initial contract period will be for two years with two, one-year extensions, for a total contract period of four years. On February 5, 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. Fuller-Armfield-Wagner Appraisal & Research - Fort Pierce, FL 2. Callaway & Price, Inc - Fort Pierce, FL 3. Deighan Consultants - Stuart, Florida 4. Parrish & Edwards, Inc - Fort Pierce, FL 5. Boyle & Drake, Inc - Vero Beach, FL PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from various departmental professional service (531000) accounts on an as - needed basis. RECOMMENDATION: Packet Pg. 179 8.J.4 Staff recommends Board approval of the short-listed firms for Appraisal Services and permission to: Conduct contract negotiations with the five highest ranked short-listed firms; If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. COMMISSION ACTION: Coordination/Signatures he y burn, Dffi e e Budget Director 3/1/2016 4anie/S.WMc*Inty're,torney 3/2/2016 nd Tipton, Count Administrate 3/9/2016H Updated: 3/9/2016 4:24 PM by Kelly Phelan Page 2 Packet Pg. 180 8.J.4.a Attachment A E L_ U- O O y O O CJ _ N C O C CO6 O O �_ C N O Y = O JCU N L Q �,/V^� VJ W O a — LL (a C O CO U N Firm Total possible points per committee member 20 20 20 20 20 100 Total possible points for five members 100 100 100 100 100 500 Fuller-Armfield-Wagner 100 93 91 87 82 453 1 Callaway & Price Inc. 50 91 92 92 76 401 2 Dei han Consultants 30 94 93 84 87 388 3 Parrish & Edwards, Inc 50 92 91 87 64 384 4 Boyle & Drake 30 1 95 95 85 74 1 379 5 The Urban Group, Inc 15 84 81 82 64 326 6 Florida Valuation 15 74 74 79 75 317 7 CBIZ Valuation Group, LLC 15 76 55 68 65 279 8 t K W r ti O LO r fC C d E M u R a+ a+ Q Packet Pg. 181 8.J.4.b BOARD OF COUNTY COMMISSIONERS C6UNTh F L Q R I; D A Tabulation Sheet RFP No. 15-071 Appraisal Services PURCHASING DEPARTMENT Boyle & Drake Inc. Contact: Stephen J. Boyle Phone: 772-778-7577 Fax: 772-778-7868 Address: 3790 7'h Terrace, Suite 202, Vero Beach, FL. 32960 CBIZ Valuation Group, LLC Contact: John Rimar Phone: 516-994-5050 Fax: 561-241-0071 Address: 1675 Military Trail 5th Floor, Boca Raton, FL 33486 Callaway & Price Inc. Contact: Stephen G. Neil Phone: 772-464-8607 Fax: 772-461-0809 Address: 1803 South 25th Street, Suite 1, Fort Pierce, FL 34947 Dei han Consultants Contact: Daniel K. Dei han Phone: 772-221-3650 Fax: n/a Address: 14 Emarita Way, Stuart, FL 34996 Florida Valuation Contact: Nick Chop Phone: 904-296-3000 Fax: n/a Address: 806 Riverside Ave., Jacksonville, FL 32204 Fuller-Armfield-Wagner Appraisal & Research Inc. Contact: Daniel D. Fuller I Phone: 772-468-0787 Fax: 772-468-1103 Address: 200 S. Indian River Dr., Suite 300, Ft. Pierce, FL 34950 Parrish & Edwards, Inc. Contact: J. Kenneth Parrish Phone: 561-622-9992 Fax: 561-622-9308 Address: 201 Fernandina Street, Ft. Pierce, FL 33458 The Urban Group, Inc. Contact: Howard W. Steinholz Phone: 954-522-6226 Fax: 954-522-6422 Address: 1424 South Andrews Ave., Ft. Lauderdale, FL 33316 N t� as co ia A L a a Q ti 0 LO a as z co c 0 Packet Pg. 182 8.K.1 ITEM NO. RES-2016-46 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division WPSL Christmas Kids of SLC DATE: 03/15/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Water Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past 12 years. This year, WPSL Christmas Kids of St. Lucie County is donating $5,500. These funds would help 100 St. Lucie County youth receive water safety lessons. The cost of the water safety lessons is $65 per participant. WPSL's contribution will provide a $55 scholarship towards 100 participant's fee, with the participant responsible for the remaining $10. Administration staff has been informed that Carol Wyatt from WPSL will be attending the meeting to make a check presentation. PREVIOUS ACTION: WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past 12 years. They have had a representative make the donation at a BOCC board meeting each year. FINANCIAL IMPACT: WPSL Donation allocated to Aquatics - (001-7215-552000-7106, Recreation -Aquatics -Operating Supplies). RECOMMENDATION: Staff recommends Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,500.00 to be utilized to provide American Red Cross Water Safety Lessons at Lincoln Park Pool as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 183 8.K.1 Coordination/Signatures z�AOf ;; 1. Edward Matthews, Parks, Refreafion & Fa sties Director 3/3/2016 4anieA..McIntyre, C my ttorney 3/8/2016 Updated: 3/2/2016 12:57 PM by Katrina Slay Page 2 Packet Pg. 184 8.K.1.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a donation from the WPSL Christmas Kids of St. Lucie County in the amount of $5,500. The donation will help 100 St. Lucie County youths to receive American Red Cross Water Safety Lessons at St. Lucie County's Lincoln Park Pool, WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 001-7215-366900-7106 Donations $5,500 APPROPRIATIONS 001-7215-552000-7106 Operating Supplies $5,600 After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 185 8.K.2 ITEM NO. (ID # 3402) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeremiah Johnson, Facilities Manager Facilities Division DATE 03/15/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Authorization for four additional Jail Maintenance Specialist positions Board approval is requested to fund four (4) Jail Maintenance Specialist positions for the Parks, Recreation and Facilities Department. The current staff of three (3), which include a plumber, electrician and specialist are unable to keep up with the maintenance demands of a facility that operates 24 hours a day. The facility is 243,385 square feet; 176,856 constructed in 1985 and an additional 66,799 added in 2005. In fiscal year 14/15 the County spent in excess of $73,086 for contracted maintenance work that could have been done in house. The County anticipates spending an equal amount in the 15/16 budget year. According to the "Georgia Department of Audits and Accounts - Performance Audit Operations - Maintenance of State Prisons", the maintenance ratio is one F.T.E. (Full Time Employee) maintenance staff per 36,000 square feet". The International Facility Management Association (IFMA) benchmark for building maintenance staff is one F.T.E. per 47,000 square feet. The current ratio for St. Lucie County Jail maintenance staff is one F.T.E. per 81,128 square feet (1:81,128) which is substantially less coverage than the recommended 1:36,000 or 1:47,000 depending on the performance benchmark used. The intent of this request is to acquire additional maintenance staff and adequately balance the number of F.T.E. to the square footage in a facility operating 24 hours per day. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The annualized budget impact for these four positions is estimated at $171,792 hiring at the base salary. The budget impact for the current fiscal year is estimated at $71,580 assuming the positions are filled by May 1st. Funding for this fiscal year will be derived from the 107 reserve balance. RECOMMENDATION: Packet Pg. 186 Staff recommends Board approval of four (4) Jail Maintenance Specialist positions for Parks, Recreation and Facilities Department. COMMISSION ACTION: Coordination/Signatures g�� A Edward Matthews, Parks, Refreafion & Fa sties Director 2/26/2016 anie 5. McIntyre, c my ttorney 3/2/2016 updated: 3/2/2016 2:08 PM by Katrina Slay Page 2 Packet Pg. 187 8.K.2.a JOB CODE: TBD PAY GRADE: 13 SALARY: $12.49 - $19.04 JAIL MAINTENANCE SPECIALIST MAJOR FUNCTION: Maintenance in Jail Buildings specializing in carpentry, electrical, electronics, painting, plumbing, welding (gas & electric). KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM ESSENTIAL JOB FUNCTIONS: Knowledge: Journeyman level of one or more of the trades. Abilities: To follow written and verbal orders, read rough sketches and blueprints. Skilled in the use and care of tools, equipment and materials of the proper trades to which assigned. To follow through each job with proper paper work and time schedules. Must be able to work overtime when needed and/or nights and weekends in emergency situations. Ability to establish and maintain effective working relationship with the public, jail staff and fellow employees. ESSENTIAL JOB FUNCTIONS: Repair plumbing fixtures, clean waste -line drains, replace or repair valves, replace electrical fixtures, bulbs, lamps, breakers, ballasts. Work on high voltage lines, transformers, P.A. systems, low voltage systems, repair roof leaks, paint buildings and rooms, repairs on pumps, motors, and other related equipment. Performs and other related work as requested or assigned. Keep supervisor informed in a timely manner of issues with assigned work orders on jail buildings and systems. Complete all assigned duties in a timely and thorough manner. ESSENTIAL PHYSICAL SKILLS: Use of both hands and finger dexterity. Good hand/eye coordination. Ability to climb ladders, walking and frequent standing. Ability to lift and or carry 50 pounds. Work environment indoors and outdoors. WORK HAZARDS: Working in or around Jail Building with inmates, tools and chemicals. SAFETY EQUIPMENT USED OR NEEDED: Safety equipment is supplied by County as per job requirements. EDUCATION: Graduation from high school or possession of an acceptable equivalency diploma. EXPERIENCE: A minimum of two (2) years experience in any two (2) of the major function specialties. A comparable amount of experience may be substituted for the minimum qualifications. Must pass a background check to work at Jail site. LICENSE, CERTIFICATION OR REGISTRATION: Valid Driver's License is required. Good driving record. Subject to legal background check to be approved by BOCC and Sheriff's Office. Union ✓ Non -Union Exempt Non -Exempt ✓ Packet Pg. 188 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 8.K.2.b POSITION REQUEST FOR FISCAL YEAR 2015-2016 ARTMENT: PARKS. RECREATION & FACILITIES RECOMMENDED: I ✓ YES NO I REVISED FACILITIES TITLE: JAIL MAINTENANCE SPECIALIST ARY: $25,979 JOB CODE: TBD EFITS: $16,969 PAY GRADE: 13 AL BUDGET: $42,948 PAY SCALE: $12.49 - $19.04 NO I IREVISED FTE: The current maintenance staff of three (3), which include a plumber, electrician and specialist are unable to keep up with the maintenance demands of a facility that operates 24 hours a day. The facility is 243,385 square feet; 176,856 constructed in 1985 and an additional 66,799 added in 2005. In fiscal year 14/15 the County spent in excess of $73,086 for contracted maintenance work that could have been done in house. The County anticipates spending an equal amount in the 15/16 budget year. According to the "Georgia Department of Audits and Accounts - Performance Audit Operations - Maintenance of State Prisons .... The maintenance ratio is one F.T.E. (Full Time Employee) maintenance staff per 36,000 sq. ft.". The International Facility Management Association (IFMA) benchmark for building maintenance staff ratio is one maintenance F.T.E. per 47,000 sq. ft. The current ratio for St. Lucie County Jail maintenance staff is one F.T.E. per 81,128 sq. ft. (1:81,128) which is substantially less coverage than the recommended 1:36,000 or 1:47,000 depending on the performance benchmark used. Staff Recommendations: The intent of this request is to acquire additional maintenance staff and adequately balance the number of F.T.E. to the square footage maintained in a facility operating 24 hours per day. This request is for four positions and the annualized budget impact for these four positions is estimated at $171,792 hiring at the base salary. : NPR16-004 ACCOUNT#: 107-1940-512000-100 Packet Pg. 189 8.K.3 ITEM NO. (ID # 3430) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 03/15/2016 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Edward Matthews, Parks, Recreation & Facilities Director Parks, Recreation, & Facilities Golf Cart Lease Bid 15-059 On September 23, 2015, submittals for Bid No. 15-059 for a lease of 80 electric golf carts for Fairwinds Golf Course were opened. Ninety companies were notified and 9 documents were distributed, 3 submittals were received. The Bid sheet is attached to this memorandum. The bid package requested three lease options. Option 1 was a standard 36 month lease with no purchase option. Option 2 was a 36 month lease with a $1 per cart buyout at the end of the lease term. Option 3 was a 36 month lease with a purchase price buyout at the end of the lease term. Bid No. 15-059 was bid in accordance with the Local Preference Ordinance 09-005. The requested contract term for this bid will be from September 1, 2016 through September 1, 2019. PREVIOUS ACTION: The Board previously approved Bid No. 12-033, Golf Cart Lease to Club Car, LLC of Winterhaven, Florida in 2012 in the amount of $76.53 per car, per month with a three year lease term. FINANCIAL IMPACT: Sufficient funding is available from Division's vehicle rental/lease, account #418-7260-544300-700. The annual cost of the lease is $66,720 per year. :T�4101► I► i�►lle%1I6P1 Staff recommends Board approval to award Bid No. 15-059, Golf Carts Lease to E-Z-GO Division of Textron, Augusta, Georgia in the amount of $69.50 per month with an option for a $1,700.00 purchase price buyout per cart at the termination of the lease and authorize the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 190 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/8/2016 Updated: 3/7/2016 11:18 AM by Katrina Slay Page 2 Packet Pg. 191 Aj�uktuvo / ��� Golf ` Inc.1��������� v���l� ������ o 5801NVV151m8T SuKm2Oi Miami Lakes, FL33014 (786)233-8033 September 23,2015 ST.L@C|8COUNTY PURCHASING DEPARTMENT 2300VlK6DilAAVENUE, ROOM 228 FORT PIERCE, PL34Y82-5652 (772)482'1700 Packet Pg. 192 BOARD OF COUNTY COMMISSIONERS '` UNT T JL .O R 1 D A .; PURCHASING DEPARTMENT Bid #15-059 Golf Carts Lease Date Open: September 23,2015 @ 3:00 PM Make Model Propesed: Club Car, Inc. Orlando, FL E-Z GO Division of Trextron Augusta, GA. Yamaha Golf Car Co. Newnan,GA. 2016 Precedent i2 Electric 2016 TXT 48v Electric Yamaha 2016 Drive-YDRE- DC Per vehicle Outright Purchase Price $4,195.00 $3,884.00 $3,822.00 Lease Option 1 Price per cart, per month for 36 months, no option to buy (A) $77.75 $80.00 $76.70 80 carts x A= $ per year x 36 months=$ $6,220.00 $223,920.00 $6,400.00 $230,400.00 $6,136.00 $220,896.00 Lease Option 2 Price per cart, per month for 36 months, w/purchase option (A) $77.75 $114.00 $79.15 Optional purchase price at end of term per cart (B) $1,950.00 $1.00 $1,600.00 80 carts x(A) per year x36 months=$ lease total+ $6,220.00 $223,920.00 $9,120.00 $328,320.00 $6,332.00 $227,952.00 80x (B)= optional purchase price $156,000,00 $80.00 $128,000.00 Lease Option 3 Price per cart, per month for 36 month lease to own with purchase (A) $126.09 $69.50 $112.95 Purchase price $ (B) $1.00 $1,700.00 $1.00 80 cartsx(A) = $ per year x 36 months=$ lease total+ $10,087.20 $363,139.20 $5,560.00 $200,160.00 $9,036.00 $325,296.00 80 x (B) =$ purchase price $80,00 $136,000.00 $80.00 Complete Factory Information Sheets (specifications, brochures, etc.) Attched? Yes or NO Yes Yes Yes NUMBER OF COMPANIES NOTIFIED: BID DOCUMENTS DISTRIBUTED: NUMBER OF BIDS RECIEVIED: *PER DEMANDSTAR.COM F LO 0 LO m a� m J CU U 0 C9 0 M M CU U 0 C9 o� LO 0 LO r m cli Y ao c a� E t Q Packet Pg. 193 8.L.1 ITEM NO. (ID # 3428) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: John Wiatrak, Airport Manager SUBMITTED BY: St. Lucie County International Airport Division DATE: 03/15/2016 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES SUBJECT: Acceptance of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Microsurface Runway 14/32 at the St. Lucie County International Airport BACKGROUND: This project consists of the microsurfacing of Runway 14/32 and was identified under the FDOT Pavement Management Program for major maintenance and rehabilitation for year 2013. This runway was last repaved in 2004 and is beginning to show initial signs of distress. This project is strongly recommended by the FDOT per their annual inspection. This agenda item requests acceptance of the attached Joint Participation Agreement and Resolution for this project. This JPA is for an FDOT (80%) contribution of $1,032,000 and a local match (20%) contribution of $258,000 for a total project cost of $1,290,000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient Local Match Funding ($258,000) is part of the FY2016 Airport Budget Requests. RECOMMENDATION: Staff recommends acceptance of the attached Joint Participation Agreement and Resolution for this project at the St. Lucie County International Airport, and authorization for the Chairman to sign documents as approved by the County Attorney. Care ►] "il►�ill;MUGHW_Ts 1610; Packet Pg. 194 8.L.1 Coordination/Signatures L li I , DirectoIV larming & Development Services 3/9/2016 anie SWmcinty're,c� orney 3/9/2016 Updated: 3/9/2016 2:43 PM by Katrina Slay Page 2 Packet Pg. 195 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 8.L.1.a PUBLIC T OGC - 7/15 Pape 1 of 14 Financial Project No.: Fund: DPTO FLAIR Approp.: 088719 418271-1-94-01 Function: 637 FLAIR Obj.: 751000 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: DUNS No.: 80-939-7102 Vendor No.: VF596000835010 CFDA Number: Agency DUNS No.: CSFA Number: 55.004 CFDA Title: CSFA Title: Aviation Grant Program THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County N M 3000 Curtis King Boulevard Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed 3 c on or before 3/31/2018 and this Agreement will expire unless a time extension is provided m U in accordance with Section 16.00. ca WITNESSETH: 0 2 WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including 00 the implementation of an integrated and balanced transportation system and is authorized under Q 332.006(6) Florida Statutes, to enter into this Agreement. ti N 00 NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: a u_ 1.00 Purpose of Agreement: The purpose of this Agreement is J Microsurface Runway 14/32 at St Lucie County International Airport r c m E .r Q and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Pg. 196 8.L.1.a PUBLIC T OGC - 7/15 Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 1,290,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 1,032,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: Q a (a) Legislative approval of the Department's appropriation request in the work program year that the project is N scheduled to be committed; 00 r (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or a other obligating documents as required by the Department, and all other terms of this Agreement; u_ i� (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received J the required approval of the Department and all other terms of this Agreement; c m (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority E M becomes available. U .r Q 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. Packet Pg. 197 8.L.1.a PUBLIC T OGC - 7/15 Pape 3 of 14 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records:iz M 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 3 c separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained 4) ca in the project account and made available upon request to the Department at all times during the period of this Agreement and for It five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon o request. Records of costs incurred include the Agency's general accounting records and the Project records, together with U supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or N audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit M findings involving the records have been resolved. le 6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.30 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Packet Pg. 198 8.L.1.a PUBLIC T OGC - 7/15 Pape 4 of 14 Part I Federally Funded: 1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or M after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is le subject to the following requirements: M 3 c a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by W OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, U Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a ca Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB N Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR o Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit to this Agreement provides the required Federal award identification information 00 needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning beforE C'4 December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must Qa consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the n Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards i expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning T before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance d with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance u_ with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will Ci meet the requirements of this part. _J r b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities c as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR M Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 2 c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements fc that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). .r Q Packet Pg. 199 8.L.1.a PUBLIC T OGC - 7/15 Pape 5 of 14 d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before DecembE 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate N action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this M Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. U ca f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or 3 State of Florida Auditor General access to the Agency's records including financial statements, the independent p auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or L V litigation shall be retained until the action is complete or the dispute is resolved. g. The Department's contact information for requirements under this part is as follows: 00 M Office of Comptroller, MS 24 605 Suwannee Street Q d Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us ti Part II State Funded: 1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. 2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. Packet Pg. 200 8.L.1.a PUBLIC T OGC - 7/15 Pape 6 of 14 b. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rule N of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: M Florida Department of Transportation M Office of Comptroller, MS 24 605 Suwannee Street 3 Tallahassee, Florida 32399-0405 m FDOTSingleAudit@dot.state.fl.us ca And o L :i State of Florida Auditor General Local Government Audits/342 00 111 W Madison Street, Room 401 N M Tallahassee, FL 32399-1450 Q d e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local ti N governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 00 r f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with d Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor u_ General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying Ci the reporting package. 00 r g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including 4) corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate E corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Q Statutes, the Department may take appropriate corrective action to enforce compliance. h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Packet Pg. 201 8.L.1.a PUBLIC T OGC - 7/15 Pape 7 of 14 The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; N M 3 c m U ca 0 L U 00 N M Q d ti N 00 a u_ i� J r c m E U 0 .r Q Packet Pg. 202 8.L.1.a PUBLIC T OGC - 7/15 Pape 8 of 14 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." N M 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. ca 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit Np or for work or services performed pursuant to this agreement, the Department may offset such amount from payments ci due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. co Offsetting amounts shall not be considered a breach of contract by the Department. M 8.00 Termination or Suspension of Project: Q 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. Packet Pg. 203 8.L.1.a PUBLIC T OGC - 7/15 Pape 9 of 14 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. N M 3 c m U ca U 00 N M Q d ti N 00 r d u_ i� J c m E M U 0 -W Q Packet Pg. 204 8.L.1.a PUBLIC T OGC - 7115 Paqe 10 of 14 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any Qa property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business n entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, ' or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any 00 combination of them, has a material interest. d "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business u_ entity. J The Agency shall not enter into any contract or arrangement in connection with the project or any property included or a0o planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. E The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any Q agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: Packet Pg. 205 8.L.1.a PUBLIC T OGC - 7115 Paqe 11 of 14 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. N M 3 c m U ca 0 L U 00 N M Q d ti N co r a u_ i� J r c m E U 0 Q Packet Pg. 206 8.L.1.a PUBLIC T OGC - 7/15 Paqe 12 of 14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and iz M specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. U ca 15.00 Appropriation of Funds: 0 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation U by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than 00 04 one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of a the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this n subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the ti comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. 00 Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph a shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have u_ a term for a period of more than 1 year." J 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 3/31/2018 If the Agency does aco not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be E considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. .r Q 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: Packet Pg. 207 8.L.1.a PUBLIC T OGC - 7115 Paqe 13 of 14 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. P Y p Y• 9 9• 9 Y• N M � 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should 3 be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and c services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the U invoice is received or the goods or services are received, inspected and approved. 'ct If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a o separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount 2 to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined b rule. Interest 9 Y• p Y p pp Y p p Y penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to N an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start M until a properly completed invoice is provided to the Department. Q d A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor N Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 00 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in °+r° c s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a M contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the Q construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 24.00 The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Packet Pg. 208 8.L.1.a PUBLIC T OGC - 7115 Paqe 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Pg. 209 8.L.1.b Fin. Proj. No. 418271-1-94-01 Contract No: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie International PROJECT LOCATION: St. Lucie International Airport PROJECT DESCRIPTION: Microsurfacing for Runway 14/32 SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 13.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: ://www.mvfloridacfo.com/aadir/docs/ContractandGrantManaaementUserGuide. Narrative Microsurfacing project as identified under the FDOT Pavement Management program for major M&R plan year 2013. Runway was a Packet Pg. 210 8.L.1.b Justification SCOPE OF SERVICES Design Phase last repaved in 2004 and is starting to show initial signs of distress. Per the 2015 Airfield Pavement Inspection report, the PCI for RWY 14/32 is at 65. This report also identified RWY 14/32 as an "Action Required" item and identified Mill and Overlay of the runway as an "Immediate Major M&R Need." Safety, preventive maintenance The Agency must submit a signed copy of an agreement between the Agency and its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct 3. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase x w r ti N 00 a U_ J r c as a Packet Pg. 211 8.L.1.b 4. The Agency must submit a signed copy of an agreement between the Agency and its contractor, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 5. The contractor should submit their pay request to the Agency's project inspector CO for approval using the standard "Application and Certificate for Payment" form. M The Agency's project inspector will review and approve the contractor's pay a request certifying the percentage of completion and/or quantities are correct. w r 6. The Agency shall sign each invoice submitted to the Department and certify N thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. a U- 7. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency 00 r and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the E Department with any unapproved charges will be rejected by the Department. a Packet Pg. 212 Financial Project No. 418271-1-94-01 8.L.1.c Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 referenced by the above Financial Project Number. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FAA Agency Participation In -Kind Cash Other Maximum Department Participation, Primary DPTO Federal Reimbursable Local Reimbursable TOTAL PROJECT COST: $1,290,000.00 $1,290,000.00 ( 0 %) or $ 0.00 ( %) or ( 20 %) or ( %) or ( 80 %) or ( %) or ( %) or $ 258,000.00 $ 1,032,000.00 $ $1,290,000.00 N M 3 c m U ca 0 L :2 G 00 N M m x w ti N 00 r d u_ ti J 00 r c m E U 0 .r Q Packet Pg. 213 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 Financial Project No. 418271-1-94-01 Contract No. Aqreement Date This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis Kina Boulevard Fort Pierce. FL 34946 A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and Responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. ) w r 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the N terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms 00 of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following (latest version of each document): a. Florida Statutes (F.S.) - Chapter 163, F.S., Local Government Comprehensive Planning and Land Development - Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens Packet Pg. 214 EXHIBIT "C" AVIATION PROGRAM ASSURANCES - Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce - Chapter 332, F.S., Airports and Other Air Navigation Facilities - Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) 8.L.1.d OGC - 03/15 - Chapter 73C-41, FAC, Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments - Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection - Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports - Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety N c. Local Government Requirements 3 - Airport Zoning Ordinance c m - Local Comprehensive Plan , d. Department Requirements o v - Eight Steps to Building a New Airport 00 N - Florida Airport Revenue Use Guide M - Florida Aviation Project Handbook w - Guidebook for Airport Master Planning r N 00 - Airport Compatible Land Use Guidebook d 2. Construction Certification: The Agency hereby certifies, with respect to a construction -related project, that all design u_ plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: J .r a. Federal Requirements c a) E - FAA AC 70/7460-1, Obstruction Marking and Lighting t Q - FAA AC 150/5300-13, Airport Design - FAA AC 150/5370-2, Operational Safety on Airports During Construction - FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements - Local Building Codes - Local Zoning Codes Packet Pg. 215 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 c. Department Requirements - Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") - Manual on Uniform Traffic Control Devices - Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" - Standard Specifications for Construction of General Aviation Airports - Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - National Environmental Policy of 1969 - FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects - FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements - Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) U x w - Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) r - Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. Packet Pg. 216 EXHIBIT "C" AVIATION PROGRAM ASSURANCES OGC-03/15 b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace w required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, r lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the N establishment or creation of future airport hazards. °r° b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. Packet Pg. 217 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities w that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. r d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or Packet Pg. 218 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action M is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. U x w b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, r rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such N airport and utilizing the same or similar facilities. °r° 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Packet Pg. 219 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 15. Federal Funding Eligibility a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, N supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited M to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for U those normal airport providers responsible for standard airport daily services or during special events at the airport open w to the public with limited and controlled access. r b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. Packet Pg. 220 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 21. Planning Projects For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the M Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan U shall realistically assess project phasing considering availability of state and local funding and federal funding under w the FAA's priority system. r (3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects For the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third Packet Pg. 221 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency M assures that it will: U K W (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and r connecting taxiway within one year of the date of land purchase. N (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For the disposal of real property the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. Packet Pg. 222 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as outlined in Section D.9. (5) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport -owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing N as a public -use airport. M (3) Completed construction complies with all applicable local building codes. w r (4) Completed construction complies with the project plans and specifications with certification of that fact by the N project Engineer. °r° b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. Packet Pg. 223 EXHIBIT "C" 8.L.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. tU K W Packet Pg. 224 8.L.1.e Financial Project No. 418271-1-94-01 Contract No. Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Compliance Requirements STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements Activities Allowed: Airport Planning Catalog of Federal Domestic Assistance (Number & Title) Amount Catalog of State Assistance (Number & Title) Amount 55.004 $1,032,000.00 Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement Packet Pg. 225 EXHIBIT "D" 8.L.1.e These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air -side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports Packet Pg. 226 8.L.1.e EXHIBIT "D" When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on -airport revenue -producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Packet Pg. 227 8.L.1.f RESOLUTION A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 4 1 8 2 7 1-1-94-01) FOR THE MICROSURFACE RUNWAY 14/32 AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the MICROSURFACE RUNWAY 14/32 PROJECT (Fin. Proj. No. 436384-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418271-1-94-01) to provide funding for the Microsurface Runway 14/32 Project at the St. Lucie County International Airport. The Board hereby authorizes the Chair to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 228 8.L.1.f After motion and second, the vote on the resolution was as follows: Chairman Kim Johnson Vice -Chair Chris Dzadovsky Commissioner Paula Lewis Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this day of ATTEST: DEPUTY CLERK 2016. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: 2 Packet Pg. 229 8.N.1 ITEM NO. (ID # 3386) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Harris, County Surveyor Engineering DATE: 03/15/2016 *CONSENT AGENDA\PUBLIC WORKS The Crossing, A Network of Community Churches, Inc. The Crossing, A Network of Community Churches, Inc., developer of the Crossing Church, received site plan approval for a minor adjustment to a major site plan from St. Lucie County Planning and Development Services on September 12, 2014 (PDS Order 14-042). The project is located south of Midway Road on the east side of Oleander Avenue. Pursuant to the approved site plan, the developer was required to construct a six-foot concrete sidewalk along the east right-of-way line of Oleander Avenue. On October 15, 2015 the developer's engineer submitted a certification package to the St. Lucie County Engineering Division. County staff reviewed the submittal, conducted a field inspection and notified the developer's engineer of deficiencies. On November 12, 2015 the developer's engineer resubmitted a final certification indicating that the contractor completed all punch list items. County staff reinspected the site on November 18, 2015 and noted areas of concern to the developer's engineer. The major concern was the geotechnical test results that indicated the concrete failed to reach the design strength of 3000 pounds per square inch (psi) within 28 days. The engineer was notified that they would be required to perform a 56-day compressive strength test. If the test results were successful staff would recommend conditional acceptance. On January 25, 2016 the developer's engineer provided the results of the 56-day break. The test result indicated that the concrete did achieve the design strength and is acceptable. PREVIOUS ACTION: September 2, 2014 - County Administrator approved Road Improvement Agreement. September 8, 2015 - County Administrator approved First Amendment to the Road Improvement Agreement. FINANCIAL IMPACT: Packet Pg. 230 8.N.1 N/A RECOMMENDATION: Staff recommends Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $6,456.30 (retain $1,139.34 for maintenance) and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures [ on West, Public Works Director 016 Danie, S. McIntyre, C my ttorney 2/24/2016 updated: 2/23/2016 1:30 PM by Linda Buchanan Page 2 Packet Pg. 231 8.N.1.a MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this 1st day of March 2016, by and between THE CROSSING, A NETWORK OF COMMUNITY CHURCHES, INC. (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer has completed the construction of the roadway and drainage improvements (the "Improvements") and desires to convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of One thousand One hundred and Thirty- nine dollars and thirty-four cents ($1,139.34), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Ladyko Design Group, LLC dated August 12, 2014. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. Packet Pg. 232 8.N.1.a 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. 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 under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) r a Packet Pg. 233 8.N.1.a IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: BY: -- PRINT: TITLE: Carlton C. Bridgers President, Senior Pastor, The Crossing, A Network of Community Churches, Inc. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 Packet Pg. 234 8.N.1.a OD% Western Surety Company MAINTENANCE BOND Bond N,.inbri•; 71501745 KNOW ALL PERSONS BY THESE PRESENTS, That we The C ross; na, A Ne,-- or k of Cornmun i t r T 21C3 Indrio Rd., Fort Pierce, FL 34951 hereinafter referred to as the Principal, and _- _ _ Western SuretNr Co any a5 Surety, are held and firmly bound unto 5t- L-LIC] (:C)-k:nt;= Hcarci_nf C_n1;ntV CCHUf113310178r,. of -330 Virginia Ayc., Fort ?ier:.:•v, FL 3 982 hereinafter - - - - h referred to as the Obligee, in the sum of One Thr_lui and (one H'.zrd2-t=-d :,irt:r-N-4 ne and 34/ 100 Dollars ($ 1, 13 °. 3 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into contract with the_ s1> - Lucla_C-Dunty board or Count%, Commissioners _ dated 03/01/2016 - for Road/Sidewa-k ITprq�ement in Front of New r"I���a•r.l� P,ii lrlin� WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 13 months ( 13 ) N after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on _ 7�bruar-.•_ 2015 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of 13 months ( 13 _)'V� from and after then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Forth F4721 8 th day of Fit'brualy 2016 The Crossing, A Network of Coirmunity ChuYchca, I1.nc. (Principal) BY __-.___._.___.___ _ (Seal) western Surety Com an (Sur ty) By fARPORgjF C a:'T,Ytd T T OMBARNI Attorne,' �•.,,�� SEAL a Packet Pg. 235 3 - y 8.N.1.a Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 715 817 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint CAROLYN T LOMBARDI _ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: The Crossing, A Network of Community Churches, Inc. Obligee: St. Lucie County Board of County Commissioners Amount: $500, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of _ August 26 2016 , but until such time shall be irrevocable and in full force and effect. Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brufat, and its this 8th day of -- _Febr_uary2016 ZW jva', aep WEST ..R SURE COMPANY ; SOUTH. A Paul T. rullat, Vice President r ', d q as CoU1 j Ci4� i'&1k `J�tt........8 On this . 8 t h _ day of __F�bruary in the year 2016 , before me, a notary public, personally appeared Paul T. Brufat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. �hsohhhhNAhb�ab�a+bti�s�ssMbbtiti f J. MOHR NOTARY PUBLIC a r �Or rr�"��SOUTH DAKOTA e�� s Notary Public -South Dakota ''4Mti4q�sh4bb4h N54y�stiahti44 My Cormnission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my band and seal of Western Surety Company this 8 th day of February 2016 WEST' .P,./ SSUU'R`E Y COMPANY Paul T. fruflat, Vice President To validate bond authenticity, go to %yww.enasuretv.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-1-2016 Packet Pg. 236 Vadyko esign roup, LLC ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS February 12, 2016 VIA: HAND DELIVEDY TO: Mr. Ron Harris, P.L.S. County Surveyor Public Works Department Engineering Division St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 8.N.1.a Writers e-mailenginpod225(a)ao1.com Subject: The Crossing Church — Final Certification & Maintenance Bond St. Lucie County Agreement #C14-09-365 Oleander Avenue — St. Lucie County, Florida Dear Mr. Harris, Enclosed please find the following constituting a request for Final Certification of Completion to the Road Improvement Agreement for the construction of the 6 ft. wide concrete sidewalk in the Oleander Avenue R/W in conjunction with The Crossing Church project. • Four (4) copies of the Maintenance Agreement • One (1) copy of the Letter of Surety I hereby certify that both the on -site and off -site improvements associated with the above referenced project have been completed in substantial conformance with the plans, specifications and permits issued for the project with the exception of the deviation in the horizontal location of the Oleander Avenue sidewalk, on the north side to avoid the existing fire hydrant and on the south side to avoid removal of the existing tree. Please schedule the acceptance and release of the surety before the County Commission as soon as possible. Please be advised that executed Surety Document was unfortunately signed and then forwarded to the St. Lucie County Board of County Commissioners address shown within the Bond document. I would hope that you would receive the four (4) executed copies via internal mail If there are any questions or comments with regard to the matters contained herein, please do not hesitate to contact me @ 772-530-8261. Sincerely, Fichar4d M. Ladyko, P.E. Fla. Registration #34288 President RECEIVED FEB 2 3 2016 ENGINEERING 4400 Belle Grove Drive Fort Pierce, Florida 34981 Phone: 772-530-8261 Fax: 772- Packet Pg. 237 8.N.2 ITEM NO. (ID # 3426) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 03/15/2016 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Change Order No. 8 with Mancil's Tractor Service, Inc. The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of each entity involved in the partnership. St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is providing construction, inspection, and certification of the utility construction. The attached Contractor's Change Order involves a proposal for groundwater sampling and testing, and for treatment of groundwater discharge to comply with National Pollutant Discharge Elimination System permit requirements. This work is necessary to allow for de -watering operations during construction, and to insure that no contaminated groundwater will be discharged to the Indian River Lagoon. The Packet Pg. 238 8.N.2 Contractor will provide constant monitoring and water sampling of the de -watering flow to check for potential contamination. The attached proposal from CB&I Environmental & Infrastructure, Inc. will be managed and paid for by the construction contractor, Mancil's Tractor Service, Inc. The required services for groundwater treatment and testing are being implemented through the construction contact, so the State Florida Department of Transportation can provide reimbursement through a grant amendment. Standard de -watering permits are routinely issued by South Florida Water Management District. The special de -watering permit required by the State of Florida Department of Environmental Protection took 10 months to obtain, at a cost of $50,476.44. The permit application required extensive groundwater field testing and modeling analysis. The construction contract for second street was previously awarded, and the notice -to -proceed was issued, prior to the contractor's submission for a standard de -watering permit from South Florida Water Management District. The Contractor was unable to proceed with most of the construction activities without the ability to perform de -watering. A revised construction schedule will be necessary as a result of the extensive delays encountered with obtaining a special de -watering permit for Second Street construction. The Contractor was able to proceed with construction of the stormwater detention ponds without performing de -watering operations. The attached revised construction schedule will be incorporated into the construction contract documents as an element of Change Order No. 8. Based upon the schedule update, 195 calendar days will be added to the contract due to delays associated with obtaining the special de -watering permit. The revised substantial completion date for the construction contract will be December 1, 2016. In accordance with the contract, the allowable time between substantial completion and final completion will be 65 days. The revised final completion date is February 6, 2017. The change in the construction schedule is a non-compensable time -extension. PREVIOUS ACTION: September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44. June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements. November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the amount of $5,805,148.13. February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500. December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road Improvements in the amount of $27,200.53. February 9, 2016 - Board approval of Change Order #7 in the amount of $16,285.68. updated: 3/3/2016 1:13 PM by Matthew Beard Page 2 Packet Pg. 239 8.N.2 FINANCIAL IMPACT: Funds will be made available in the Port Budget Fund No. 140376-4315-563000-46502 RECOMMENDATION: Staff recommends Board approval of St Lucie County's Change Order No. 8 with Mancil's Tractor Service, Inc. In the amount of $164,389.03, approval of the revised schedule for completion of construction, and authorization for the Chairman to execute the change order as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures - NTINak'l - _ W_ n We t, Public Works Directo 016 iie S. McIntyre, Co,�tmty ttorney 3/9/2016 Updated: 3/3/2016 1:13 PM by Matthew Beard Page 3 Packet Pg. 240 8.N.2.a AwMancil's Tractor Service, Inc. Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Wce (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER REQUEST DATE: 2/1/2016 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: MARK DANNUNZIO EMAIL: Westd cDstIUDIeco.Ofo WE RESPECTFULLY SUBMITTHE FOLLOWING CHANGE ORDER FOR THE COSTS ASSOCIATED WITH CB&I TO PERFORM ENVIRONMENTAL SERVICES IN SUPPORT OF DEWATERING OPERATIONS. -- � QTY UNIT UNIT COST TOTAL TASK 1 PROVIDES THE LABOR AND ASSOCIATED COSTS FOR SAMPLING THE DEWATERING SYSTEM IN ACCORDANCE WITH THE SFWMD PERMIT 1 RECENTLY ISSUED FOR THIS PROJECT. IN ADDITION, CB&I WILL SUBMIT REPORTING FORMS AND OTHER CORRESPONDENCE (AS REQUIRED) TO 1 LS $ 26,319.38 $ 26,319.38 THE FDEP AND SFWMD THAT DOCUMENT SYSTEM OPERATION AND TASK 2 PROVIDES THE LABOR AND NECESSARY EQUIPMENT TO TREAT DEWATERING EFFLUENT, SHOULD WATER SAMPLE ANALYSIS DETECT 2 DISSOLVED CONTAMINATION. CB&I WILL OPERATE, AND MAINTAIN THE 1 LS $ 135,640.26 $ 135,640.26 WATER TREATMENT SYSTEM TO REMOVE CONTAMINANTS PREVIOUSLY IDENTIFIED AT THE SUBJECT SITES. 3 ADDITONAL BOND ON THE ADDED COST OF $161,959.64 (1.5%) 1 LS $ 2,429.39 $ 2,429.39 11 TOTAL $ 164,389.03 TER MS& CONDITIONi, THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 241 8.N.2.a Mancil's Tractor Service, Inc. Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER REQUEST DATE: 1/15/2016 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: MARK DANNUNZIO EMAIL: Westdna.StlUCleoo.org WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER FOR THE COSTS ASSOCIATED WITH THE ADDED GRATE ON SD 121. ITEM DESCRIPTION QTY UNIT UNIT COST � TOTAL ( GALVANIZED STEEL GRATE AT SD 121, PEDESTRIAN LOADING, SET ON 2" 1 X 2" X 1/4" GALVANIZED STEEL FRAME WHICH IS MOUNTED W/ 3/8" SS 1.0 EA $ 4,229.12 $ 4,229.12 ANCHOR BOLTS. 2 ADDITIONAL BOND ON THE ADDED COST OF $4229.12 (1.5%) 1.0 LS $ 63.44 $ 63.44 TOTAL $ 4,292.56 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 242 8.N.2.b CB&I 14350 Commerce Way Miami Lakes, Florida 33016 Tel: +1 305 818 1888 Fax: +1 305 231 7403 www.CBI.com January 21, 2016 Mr. Mark D'Annunzio Project Manager/Chief Estimator Mancils Complete Sitework 8530 SW Jayme Way Palm City, FL 34990 Subject: Proposal for Dewatering Support North 2"d Street Roadway Improvements City of Fort Pierce St. Lucie County, Florida Dear Mr. D'Annunzio: As previously discussed, CB&I Environmental & Infrastructure, Inc., (CB&I) appreciates the opportunity to submit this work plan and cost estimate (WPCE) to perform environmental services in support of dewatering operations associated with the subject project. Previously, CB&I worked with Mancils Complete Sitework (Mancils) to obtain permit approval from the Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) to dewater in areas that historically exhibited groundwater contamination. As part of the permit conditions, the dewatering effluent in these potentially impacted areas must be sampled at specified intervals. If contamination is detected then water treatment must be implemented prior to further dewatering. The services proposed herein include dewatering effluent sampling and analysis, treatment of contaminated water, and permit reporting. Work performed in this proposal will be executed in accordance with the signed Professional Services Agreement, Chapter 62-780 Florida Administrative Code (FAC), and general industry standards. SCOPE OF SERVICES The proposed scope of services is divided into two tasks. Task 1 provides the labor and associated costs for sampling the dewatering system in accordance with the SFWMD permit recently issued for this project. In addition, CB&I will submit reporting forms and other correspondence (as required) to the FDEP and SFWMD that document system operation and analytical sampling results. Task 2 provides the labor and necessary equipment to treat dewatering effluent, should water sample analysis detect dissolved contamination. CB&I will operate, and maintain the water treatment system to remove contaminants previously identified at the subject sites. Task 1: Sampling & Reporting CB&I proposes to perform dewatering effluent sampling for contaminants of concern (COCs) at the three potential contaminated areas identified in the SFWMD Water Use Permit that was issued for the project. The requirement for daily turbidity monitoring of dewatering effluent should be performed by Packet Pg. 243 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 2 Mancils personnel or their designee, as it is not cost effective for CB&I to perform this monitoring. However, in order to reduce the potential of recording an out -of -standard measurement, CB&I would like to discuss sampling technique protocol and other subtle nuances that may not be known by Mancils personnel or their designee. CB&I will conduct dewatering effluent sampling in the designated influence areas near the Debrooks Fishing Corner (Debrooks), Palmdale Oil Company (Palmdale Oil), and Rinker Materials as stipulated in the SFWMD permit. Sampling of the dewatering effluent will be performed in accordance with FDEP Standard Operating Procedure (SOP) SOP-001/01, FS2200 "Groundwater Sampling" (February 1, 2008), and FDEP SOP-PCS-005 "Groundwater Sampling Standard Operating Procedures Variances and Clarifications for Bureau of Petroleum Storage System Sites" (May 2, 2005) for aqueous field sampling. The sampling frequency will adhere to the SFWMD permit stipulations, as well as the required laboratory analytical turnaround time. CB&I will coordinate with Mancils to determine when construction dewatering will be near the monitoring areas. As required by the permit, CB&I will document the sampling activities and analytical results for submittal to SFWMD, FDEP and other agencies as required. These reports are typically submitted on a monthly basis and will be forwarded to Mancils for review prior to submittal. Task 2: Dewatering Effluent Treatment If the dewatering effluent sampling identifies dissolved contaminants exceeding the Groundwater Cleanup Target Levels defined in Chapter 62-780, FAC, then water treatment is required. Two options are available concerning the water treatment system. Option 1 stages the treatment system at the project laydown area near stormwater pond 2A until it is needed; Option 2 mobilizes the water treatment system to the project area only if analysis of the dewatering effluent detects an exceedance of the standards. CB&I estimates the second option will require one week to mobilize, set up, and prepare for operational use at the site. The primary water treatment technology is granular activated carbon (GAC) for the petroleum hydrocarbons at the Debrooks and Palmdale Oil sites, and granular activated alumina for dissolved arsenic identified at the Rinker Materials site. The benefit of staging the water treatment system on site is the reduction of time required to implement water treatment from one week to one day. However, this option will incur costs for equipment mobilization and GAC and/or activated alumina purchase costs, as these products cannot be returned to the manufacturer. Based on CB&I's modeling and historical documentation of site lithology, the dewatering system will generate up to 750 gallons per minute. CB&I proposes to employ the system that was outlined in the SFWMD permit, which will consist of a 21,000-gallon holding tank, bag filters, and GAC with discharge to the location specified by Mancils. If water treatment is required at the Rinker Materials site, the GAC vessels will be substituted by activated alumina to remove the dissolved arsenic. The two different treatment media will be contained in separate treatment vessels. The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 244 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 3 SCHEDULE AND COST ESTIMATE CB&I proposes to perform the proposed scope of services on a Time & Materials (T&M) basis based on the activities described in the preceding paragraphs. Task 1 - Sampling and Reporting The sampling frequency for the Debrooks and Palmdale sites require daily sampling for the first week of dewatering and twice weekly thereafter; whereas, the Rinker Materials site requires only weekly sampling. CB&I proposes the following budget for the sampling events defined below: Site Cost per Event # of Estimated Events Estimated Cost Debrooks $843.86 13 $10,970.12 Palmdale Oil $743.22 13 $9,661.83 Rinker Materials $823.69 4 $3,294.76 The total estimated cost for Task 1—Sampling and Reporting for all three sites is $23,926.71. In addition to the sampling costs, the costs for monthly reporting to the FDEP and SFWMD are also included. The costs for sampling include transportation, laboratory analysis, professional labor, field monitoring equipment, shipping, and other incidentals. The costs for reporting include professional labor to complete regulatory forms and other associated correspondence to the FDEP and SFWMD as required by the permit. CB&I will also coordinate with the referenced agencies, as necessary, to ensure project implementation proceeds without regulatory delays. CB&I estimates a two -week duration for the Palmdale and Rinker sites, while four -weeks or possibly longer may be needed for the area in the vicinity of Debrooks Fishing site. Task 2 - Water Treatment The water treatment cost estimate is divided into several components to provide flexibility that matches the project requirements. System Mobilization — includes transportation, system setup, and treatment media. Staging the water treatment equipment on site would incur these costs even if the system was never placed in service. Therefore, unless the construction project cannot tolerate the delay imposed by mobilizing the equipment then the equipment should be mobilized only if necessary. The estimated mobilization costs are summarized in the table below. The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 245 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 4 Flat Rate Misc. Estimate Treatment Transportationf Total Site Mobilization Labor System S Y Manufacturer Debrooks & GAC treatment $13,580.00 $1589.00 $31.52 $15,200.52 Palmdale Oil Rinker Materials Alumina $28,728.00 $1589.00 $31.53 $30,348.53 treatment $45, 549.06 System Operation Included in the water treatment system operation is labor for system setup and operation, monitoring, and pump refueling. Typically, once the system has achieved steady-state operation, the system can be fully automated with CB&I personnel only periodically checking system operation. The cellular telemetry will alert CB&I if the system fails to operate and an interlock safeguard should deactivate the dewatering pump. The first week of operation includes oversight labor for two consecutive 24-hour periods, after which the system should reach steady state and can operate autonomously in order to reduce costs. Equipment Demobilization & Media Disposal Includes labor and equipment to demobilize GAC units, bag filters, frac tank, and appurtenances. In addition, if GAC or activated alumina is used to treat contaminated water, then the media requires proper disposal as a non -hazardous waste. Analysis of the media required for disposal is included in this estimate. Equip. and GAC media Activated Total Site Labor for disposal alumina Estimated Demobilization disposal Demobilization and Disposal Debrooks or Palmdale $1,152.59 $6,944.00 - $8,096.59 Oil Rinker $1,152.59 - $5,852.00 $7,004.59 $15,101.18 The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 246 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 5 System Repositioning If the water treatment system requires repositioning to a new location or moved to another site, the estimate below includes labor and equipment to reposition the water treatment system to a new location, i.e., move system from one site to another as construction/dewatering progresses. System Repositioning -Labor Cost and Machinery All components of water treatment $1,800.00 per event (one event is included in system the Water Treatment Costs in Table below) Water Treatment- Includes estimated costs for providing water treatment at each site per estimated duration. Equipment, Estimated Labor and Analytical, System Estimated Costs Site Duration Travel and Repositioning for Water Water Costs Materials One Event Treatment Treatment Cost per Duration" Debrooks 4 weeks $13,095.44 $14,282.73 $1,800.00 $29,178.17 Palmdale $8,723.20 $9,481.56 $1,800.00 2 weeks $20,004.76 Oil Rinker 2 weeks $8,723.20 $2,952.97 $1,800.00 $13,476.17 Proposed Operational Budget The actual use of the water treatment system is unknown and can only be estimated. Based on our understanding of the estimated construction schedule, CB&I proposes the following budget, which is based on the estimated duration for the event. This is only an estimate, and costs will only be invoiced after the actual activity is performed. The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 247 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 6 Estimated Estimated Water Estimated Total Water Duration Costs Treatment Cost for Water Site Treatment for for Water Demobilization Treatment per Mobilization* Water Treatment per and Disposal* Site Treatment Duration** Debrooks $15,200.52 4 weeks $29,178.17 $8,096.59 $52,475.28 Palmdale * 2 weeks $20,004.76 * $20,004.76 Oil Rinker $30,348.53 2 weeks $13,476.17 $7,004.59 $50,829.29 $45,549.05 $62,659.10 $15,101.18 $123,309.33 *Water Treatment Mobilization and Demobilization would only be charged one-time if water treatment is required for both Palmdale Oil and Debrooks. **Includes one system re -positioning event The total estimated cost for Task 2-Water Treatment for to provide water treatment at all three sites is $123,309.33. The estimated cost and proposed scope of work are based on information available to CB&I at this time. If conditions change, unforeseen circumstances are encountered, and/or work efforts are redirected, the cost estimate may require modification; however, CB&I will contact Mancils for approval prior to performing any out -of -scope work. A breakdown of the costs for each task described herein is presented in Attachment A. CB&I proposes to perform the proposed scope of services on a Time & Materials (T&M) basis to allow flexibility for project changes. Work will be completed in accordance with the terms and conditions of the Services Agreement between Mancil's Tractor Service and CB&I Environmental & Infrastructure, Inc., dated June 8, 2015. CB&I estimates a budget of $147,236.03 is required for both tasks described above if treatment is required at all three sites. The estimated cost and proposed scope of work are based on information available to CB&I at this time. If conditions change, unforeseen circumstances are encountered, and/or work efforts are redirected, the cost estimate may require modification; however, CB&I will contact Mancil's for approval prior to performing any out -of -scope work. The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 248 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 7 To authorize CB&I to begin coordinating a permitting meeting with the FDEP, please execute the attached and return to us. If you have any questions or comments, please call me at (407) 287-3216 or email ericAramer(a-cbi.com. Sincerely, CB&I Environmental & Infrastructure, Inc. Eric K. Kramer, P.E. Project Engineer Attachments [U-J" 1-1��" 1--A Monika Ugrinska Project Manager The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 249 8.N.2.b Mr. Mark D'Annunzio January 21, 2016 Page 8 AUTHORIZATION TO PROCEED The proposal submitted on January 21, 2016 for $147,236.03 to perform permit requirement dewatering oversight, sampling and reporting in connection with the North 2nd Street Roadway Improvements project in the City of Fort Pierce, Florida is accepted, in accordance with the terms and conditions of the Services Agreement between Mancil's Tractor Service and CB&I Environmental & Infrastructure, Inc., dated June 8, 2015. Mancil's Tractor Service, Inc. 0 Title: Date: The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes, provided that if a contract is awarded to CB&I Environmental & Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Pg. 250 Attachment A Cost Estimate GO O z O U r a� m L v/ N t 0 z .r Q Packet Pg. 251 SPM REVISION: 2016-REV 15.4 Release Date: 1/20/16 PROJECT NUMBER: 154664 PROPOSALNUMBER:0 Date Pricing Model was Prepared: 1/20/16 Project Estimate Summary By Task Mancils/2nd St Dewatering Treatment 01 /00/00 Sub- Task Number Task Name Labor Equipment Materials Other ODC's Travel Total Adjustments Total Project contractors Tsk-001 Sampling Debrooks $ 6,121.00 $ 2,604.00 $ 728.00 $ 1,383.20 $ 133.92 $ $ 10,970.12 $ 10,970.12 Tsk-002 Sampling Palmdale $ 4,841.00 $ 2,805.71 $ 504.00 $ 1,383.20 $ 127.92 $ $ 9,661.83 $ 9,661.83 Tsk-003 Sampling Rinker $ 2,601.00 $ 296.80 $ 112.00 $ 257.60 $ 27.36 $ $ 3,294.76 $ 3,294.76 Tsk-004 WT Equip Mob $ 3,178.00 $ 42,308.00 $ 56.00 $ - $ 7.05 $ $ 45,549.05 $ 45,549.05 Tsk-005 Water treatment Debrooks $ 11,962.00 $ 13,249.60 $ 1,556.80 $ 1,092.00 $ 184.33 $ 1,133.44 $ 29,178.17 $ 29,178.17 Tsk-006 Water treatment Palmdale $ 8,096.00 $ 9,434.99 $ 974.40 $ 756.00 $ 116.17 $ 627.20 $ 20,004.76 $ 20,004.76 Tsk-007 Water treatment Rinker $ 8,096.00 $ 2,682.40 $ 1,198.40 $ 756.00 $ 116.17 $ 627.20 $ 13,476.17 $ 13,476.17 Tsk-008 Demob & T&D $ 2,244.00 $ 12,796.00 $ 56.00 $ - $ 5.18 $ - $ 15,101.18 $ 15,101.18 Tsk-009 $ - $ - $ - $ $ - $ $ - $ - Tsk-010 $ - $ - $ - $ $ - $ $ - $ - Totals = $ 47,139.00 $ 86,177.50 $ 5,185.60 $ 5,628.00 $ 718.08 $ 2,387.84 $ 147,236.03 $ $ 147,236.03 Submitted By: Monika Ugrinska Submitted To: Mancils/2nd St Dewatering Treatment Submission Date: 01/00/00 Attach ment8.N.2.b: CBI 2nd St Dewatering Support proposal (3426 : North 2nd Street CO No.8) Lri W .. ........ Attach ment8. N. 2. c: North 2nd Schedule Delay Update CO 8 (3426 : North 2nd Street CO No.8) CO z 0 Attach ment8. N. 2. c: North 2nd Schedule Delay Update CO 8 (3426 : North 2nd Street CO No.8) CO z 0 8.N.2.d Susan Durden From: Marcelo Dimitriou <mdimitriou@ct-eng.com> Sent: Tuesday, February 02, 2016 7:46 AM To: Mark D'Annunzio Cc: Don West; Lori Rocky; Jack Andrews; Frans Christensen; Terri Gorman Subject: RE: North 2nd Street - Schedule Update and Time Extension Attachments: - North 2nd Schedule Delay Update.pdf Mark, We believe that your schedule update is adequate for the County to process the needed Time Extension with the following understanding: • Based on the schedule update, 195 calendar days will be added to the Contract due to delays associated with obtaining of the dewatering permit. • The revised Substantial Completion date will be 12/1/16. This revised date covers all impacts to date. Any future impacts will be reviewed separately. • Per Contract, the allowable time between Substantial Completion and Final Completion is 65 days. You are showing a reduced time frame between Substantial Completion and Final Completion. We will accept showing the early Final Completion on the schedule. The Contract will allow the full 65 days after Substantial Completion. • The Time Extension to be provided by the County is a non-compensable Time Extension. • You show activities for confirmation of storm drain design for Pond 2A and Pond 1A (53, 58). We will accept these as planned target dates. We will urge the design FOR to provide the needed information by those dates. However, delays will need to be analyzed based on actual impacts to actual work, since many items associated with drainage may be able to proceed without resolution to all of the storm drainage items in those areas. Failure to meet these dates will not in themselves provide entitlement for additional Time. Additional schedule comments: Any missing activities are assumed to be included within the duration of other activities. No Time will be added for missing activities unless they are added work. You show all paving taking place as work progresses in each area. It is possible that final paving will take place at the end of the project at all areas. This will shift paving dates, but not increase the duration. It will be important for Mancil's to provide all as -built data and test information to FPUA immediately after water main completion since you only show a 10 day duration on Activity 54, Provide Testing & FPUA approval. FDEP also needs to provide approval. Don/Jack: Please review, and if in agreement, process the Time Extension. It is important to establish a new baseline. Please verify the dates (for some reason, the County may have not counted the 15Y Contract day). Feel free to call to discuss. Marcelo Dimitriou, P.E. Director of Construction Services Packet Pg. 254 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 1 page CHANGE ORDER NUMBER INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.N.2.e No. 08 March 3, 2016 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 623,094.89 The (Contract Sum) prior to this Change order $ 5,841,212.77 The (Contract Sum) will be (increased, deGreased or unGhanged) by this Change Order $ 164,389.03 The new (Contract Sum) including this Change order will be $ 6,005,601.80 The Contract Time will be (inc;reased, decreased or unchanged) by ( 195 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: December 11 2016 Final: February 6, 2017 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: APPROVED: Mancil's Tractor Service, Inc. Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address: By: Date: ATTEST: Deputy Clerk Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney 6 Z O U m L c N z 1= 0 Z cc N v M Packet Pg. 255 8.N.3 ITEM NO. (ID # 3427) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 03/15/2016 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Change Order No. 9 with Mancil's Tractor Service, Inc. The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of each entity involved in the partnership. St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is providing construction, inspection, and certification of the utility construction. The attached contractor's change order involves a structural change requested by the County. The outfall control structure for stormwater pond No. 3, located on Harbor Pointe, was designed as an open sump for easy maintenance access. The structure is placed in an area that will be subject to a high volume of pedestrians performing artificial reef deployment activities. Public Works Staff requested a galvanized Packet Pg. 256 8.N.3 steel grate to be fabricated to cover the opening for safety purposes. The steel grate will be custom - fabricated and installed at a cost of $4,292.56. The additional contractors change order involves field revisions required for a concrete storm drainage structure. A potential conflict was discovered in the field upon excavation of the pipe connection location. This required an adjustment to the concrete structure and pipe location. This additional work performed by the contractor to modify the structure in the field will cost $3,335.49. PREVIOUS ACTION: September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44 June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the amount of $5,805,148.13 February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500 December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road Improvements in the amount of $27,200.53. February 9, 2016 - Board approval of Change Order #7 in the amount of $16,285.68. FINANCIAL IMPACT: Funds are available in the Port Budget Fund No. 140376-4315-563000-46502 RECOMMENDATION: Staff recommends Board approval of St Lucie County's Change Order No. 9 with Mancil's Tractor Service, Inc. In the amount of $7,628.05, and authorization for the Chairman to execute the change order as approved by the County Attorney. COMMISSION ACTION: updated: 3/3/2016 12:04 PM by Susan Durden Page 2 Packet Pg. 257 8.N.3 Coordination/Signatures _ V Cw n We t, Public Works Directo 016 4aniieA..McIntyre, C my ttorney 3/9/2016 updated: 3/3/2016 12:04 PM by Susan Durden Page 3 Packet Pg. 258 8.N.3.a Mancil's Tractor Service, Inc. Earthwork, Roadways, Storm Drain & Underground Utilities Abk8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER REQUEST DATE: 1/15/2016 BID TO: ST LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2ND STREET ROAD IMPROVEMENTS CONTACT: DON WEST PROJECT # 14-056 PHONE: (772) 462-1485 PREPARED BY: MARK DANNUNZIO EMAIL: WeStd(GDStIUCIeCO.Otq WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER FOR THE COSTS ASSOCIATED WITH THE ADDED GRATE ON SO 121. ITEM DESCRIPTION QTY UNIT I UNIT COST TOTAL GALVANIZED STEEL GRATE AT SD 121, PEDESTRIAN LOADING, SET ON 2" 1 X 2" X 1/4" GALVANIZED STEEL FRAME WHICH IS MOUNTED W/ 3/8" SS 1.0 EA $ 4,229.12 $ 4,229.12 ANCHOR BOLTS. 2 ADDITIONAL BOND ON THE ADDED COST OF $4229.12 (1.5%) 1.0 LS $ 63.44 $ 63.44 TOTAL $ 4,292.56 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: DON R. MANCIL, JR. Page 1 of 1 ACCEPTED BY: NAME: TITLE: DATE: Packet Pg. 259 8.N.3.b AMERICAN CONCRETE MUSTS, INC. 350 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945 772-464-1187 • FAX (772) 595-9050 DATE: JANUARY 15, 2016 PROJECT: NORTH 2ND STREET ROADWAY IMPROVEMENTS TO: MANCIL'S TRACTOR SERVICE, INC. LOCATION: ST. LUCIE COUNTY 8530 S.W. JAYME WAY ENGINEER: CULPEPPER & TERPENING PALM CITY, FLORIDA 34990 QUOTE #: 2016-0029 ATTENTION: MR. MARK DANNUNZIO PLAN DATE: E-MAIL REQUEST WE PROPOSE TO SUPPLY THE FOLLOWING MATERIALS: QUANTITY DESCRIPTION UNIT PRICE 1 GALVANIZED STEEL GRATE #SD-121 3610.00 PEDESTRIAN LOADING 2" X 2" X 1/4" GALVANIZED STEEL FRAME MOUNTED TO STRUCTURE W/ 3/8" S.S. ANCHOR BOLTS SUB TOTAL SALES TAX 6.00% SURTAX 0.50% TOTAL EXTENSION 3610.00 $ 3,610.00 216.60 18.05 $ 3,844.65 ALL MATERIAL SUBJECT TO ENGINEER'S APPROVAL. QUANTITIES ARE ESTIMATED -UNIT PRICES TO PREVAIL. / F.O.B. JOBSITE. PAYMENTTO BE MADE AS FOLLOWS: NET 30 DAYS. A FINANCE CHARGE AND/OR SERVICE CHARGE OF 1.5% PER MONTH, 18% PER YEAR WILL BE CHARGED ON ALL ACCOUNTS OVER 30 DAYS. IN THE EVENT THAT IT BECOMES NECESSARY TO INSTITUTE ACTION FOR COLLECTION OF AMOUNT ON ANY UNPAID BALANCE, BUYER AGREES TO PAY ALL COSTS OF COLLECTION, INCLUDING ATTORNEY'S FEES. THIS PROPOSAL MAY BE WITHDRAWN BY ACI IF NOT ACCEPTED WITHIN 30 DAYS. AUTHORIZED BY: AMERICAN CONCRETE INDUSTRIES, INC. ACCEPTED BY: GNATURE) ROBERT L. SNOWE, PRESIDENT (PRINT NAME AND TITLE) (DATE) (SIGNATURE) (PRINT NAME AND TITLE) (DATE) rn O v d a� r c N t 1` 0 z ti N M Packet Pg. 260 a.N.3.b / \ \ \/\ u0> a z� / e>aa a zoom ® n� 02H? \ c~ xo> - /� 10 ^ /\\ / \. j/ � o ::E \ \ j Ul F- - 2 2 �a \ w k > o� / < ^ 2 \\8 C K / _ � < \ \\ \ �7) o a F J / _-1, 9 / ^ ®a K _ / \ \ > k � \\\ \ > \ / \ C > Cy) z- / !>a � \& 2 / \) � y 0 0 rri o .,grrio AJA T \ ++6-�z,` m z \ &\ i $;uM © > �ee2e,� a r - � o� N COPYRIGHT 4m! G ALL RIGHTSRESERVED / ■ / > \ \ / < !«xn a ® % / / ® m 5; m �® / \ ƒƒ °-a---e-e-e-�--s 5 ® G e @!-� §� CD ®3 2a Cl) CA ! \�2 e00 > _ F— \ 3 P» c \ 2 Cl) MO \$m / e e $ 0 U / CIO k 2 0 z cm � � Packet Pg. 261 8.N.3.c Mancil's Tractor Service, Inc. owEarthwork, Roadways, Storm Drain & Underground Utilities 8530 SW Jayme Way, Palm City, FL 34990 Office (772) 288-0951 Fax (772) 288-0983 Phone (772) 288-0951 Fax (772) 288-0983 CHANGE ORDER REQUEST DATE: 2/23/2016 BID TO ST. LUCIE COUNTY PUBLIC WORKS PROJECT NAME: NORTH 2nd STREET ROAD IMPROVEMENTS ATTN: DON WEST PPP PI ANR TAYI OR ENGINEERING INC. PHONE: 772-462-1485 VFRSION/DATE: JULY 2014 PROJECT: 14-056 WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER FOR STORM DRAIN 405 MODIFICATION ITEM I DESCRIPTION I UNIT I QTY I UNIT COST I TOTAL 1 CUT IN NEW HOLE FOR WEST INVERT = 0.38 LS 1 $1,586.20 $1,586.20 PATCH PRIOR HOLE FOR WEST INVERT (2 MEN @ 4 LS 1 $1,050.00 $1,050.00 2 HOURS + MATERIALS) FILL BOTTTOM W/ CONCRETE TO NEW INVERT (1.96' LS 1 $650.00 $650.00 3 = 0.75 CY) (2 MEN @ 2 HOURS + MATERIALS. 4 ADDIONAL BOND (1.5%) LS 1 $49.29 $49.29 TOTAL $3,335.49 TERMS & CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: ACCEPTED BY: NAME: DON R. MANCIL, JR. TITLE: DATE: Packet Pg. 262 /� M QUOTE FT LAUDERDALE......... 954-523-4848 B CONCRETE MIAMI......................... 305-947-0881 /+ PALM BEACH ............. 561-7376765 C CUTTING INC.0 FT PIERCE .................. 772-465-4539 2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 www.abcconcretecutting.com MANCIUS TRACTOR SERVICE, INC 8530 S.W. JAYM E WAY Palm City, FL 34990 Phone:772-288-0951 Fax:772-288-0983 PROJECT:48" CORE n. 2ND ST FORT PIERCE, FL 34950 QTY DESCRIPTION 1.00 HYD CORE DRILLING 48" CORE IN 8" STRUCTURE QUOTED DATE:02/22/2016 NO: 039633 SALES REP: Michael Reynolds ATTENTION: Mark MOBILE: OFFICE: EMAIL: mark@mancils.com BACKHOE OR OTHER EQUIPMENT TO SET CORE AND EXTRACT CORE BY OTHERS 1.00 MOBILIZATION 1.00 Fuel Surcharge TOTAL PRICE: $ 1,442.00 ....„............. JOB NOTES AND EXCLUSIONS '•*".* ....... ""•`••"`•'••"•••'•'••*•• CUSTOMER PROVIDES THE FOLLOWING: -LAYOUT -CLEANUP -PROTECTION WORK AREA TO BE WITH IN 200' OF ABC TRUCK LOCATION ALL WORK TO BE CONTINUOUS A SHOW UP CHARGE OF $ 185.00 WILL APPLY IF ABC SHOWS AND IF JOB CANCELS OR IS POSTPONED STANDBY WILL BE CHARGED AT $ 125.00 PER OPERATOR PER HOUR ALL NIGHT, WEEKEND, AND HOLIDAY WORK CHARGES AT A PREMIUM ABOVE NORMAL PRICING ABC CONCRETE RECOMMENDS THAT THE CUSTOMER HAVE THE CUTTING SURFACE SCANNED TO LOCATE ANY UTILITIES OR POST TENSION CABLES THAT MIGHT BE LOCATED IN THE CUTTING SURFACE. ABC CONCRETE WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY CUTTING THE ABOVE MENTIONED AREA. THANK YOU FOR ALLOWING ABC CONCRETE CUTTING THE OPPORTUNITY TO PROVIDE YOU WITH THIS QUOTE. PLEASE CONTACT THE SALES PERSONNEL LISTED ABOVE WITH ANY QUESTIONS. Packet Pg. 263 FA CONCRETE CUTTING INC. QUOTE FT LAUDERDALE......... 954-523-4848 MIAM I ......................... 305-947-0881 PALM BEACH ............. 561-7376765 FT PIERCE .................. 772-465-4539 2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 www.abcconcretecutting.com 8.N.3.d 1. An additional fuel surcharge (%) will be applied to all invoicing related to this quote. 2. Apparatus for confined space requirements is not inclueded unless otherwise noted above. Waiting for equipment will be billed at standby rate. 3. Mobilization is a one time charge on each continuous job. An additional mobilization charge will be added for each interruption or postponement during which we are not authorized to remain on standby. 4. All charges will be for actual quantities as measured, including for standby and cleanup as noted on work order. Standby and cleanup will be charged at $125 per hour unless inidcated differently in quote above. 5. Holes and cuts to be drilled or lines to be sawn must be marked by others. All holes and cuts will be charged for whether usable or not. 6. Cutting will be charged from beginning of cut to end, including overcut equal to depth of cut. 7. Damage to utilities or other objects within the concrete is beyond our control and we cannot assume responsibility for damage to same. Utility location is the responsibility of the customer. Damage to property of others by way of water traveling through existing cracks or openings in the concrete is beyond our control. 8. Reasonable and safe access to and from work areas guaranteed by owner or contractor. 9. Material Safety Data Sheets are kept in each operator's truck and are available for your inspection. 10. Scaffolding or work platforms, if necessary, to be provided by owner or contractor. 11. TERMS. NET 30 DAYS. A FINANCE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE 18%) WILL BE CHARGED ON INVOICES UNPAID 30 DAYS FROM BILLING DATE IN ANY ACTION 12. Terms of payment net upon receipt of invoice. 13, 1 1/2% per month will be charged on past due accounts. 14, Except for price quotations this agreement constitutes the entire agreement of the parties and cannot be altered without prior written consent of that of the owner or contractors. 15. While sawing or drilling, we will protect structural floor openings. After we leave, holes in structural slabs are the responsibility of the contractor or owner. (SIGNATURE) (PRINT NAME) (DATE) PRICE IS SUBJECT TO CHANGE IF: NOT ACCEPTED WITHIN 30 DAYS OR CONDITIONS ON JOB VARY FROM THIS QUOTATION. .r Q Packet Pg. 264 Iwo E) Two Diogono On Tc #4 Hoop Bc A L A,MERICAN CONCRETE INdUSTRtES, INC. 350 North Rock Road / Fort Pierce, Florida 34945 (772) 464 1187 fax (772) 595-9050 Bars 0 3Ys" O.C.E.W. I Bar US Foundry #170—X "Storm" Ring and Cover Brick to Grade --By Contractor cv 0' 2 3" Cl. V. 3Yz" O.C.E.W. P/6 8" 84"o 8.. 100" �w 41) 8.N.3.d 39 4-G- Ak Dir=iCIMrm I•� Gu'r gt(icj t OC6 rz V0 5`i Iuve -T = o. 2) l'w%w Prior W1,6 �.� F&'4- do rTo :."r '��'DJvar"C- TE 'To ©,-7 cYj 0" 48"0 Hole Up 2" A For 36" RCP Up 8" L48"d Hole Up 2" 202- For 36" RCP Up 8" & cat k®G� 3x8 M.0/W2.0 Welded Wire Reinforcement Two Layers l 06,4 Design Notes: 1. All concrete has a minimum compressive strength of 4000 psi of 28 days. 2. Type li Cement. 3. Reinforcing steel is Grade 60 rebor with 2" minimum cover unless noted otherwise. Conforms with DOT index 200, 201 and ASTM C478. 4. Lifting holes toper from 2 1 /2"0 to 2%. 5. All holes to receive one extra #4 bar each side of opening and two extra #4 bars at 3" min. spacing above opening, inside layer. Rim: 7.41 N. Inv: - S. Inv: - o 3 .✓'' E. Inv: $` W. Inv: _�-8'f 0 J Bottom: — 0' 4- Qt4'05)� Top Slab Wt: 5,800 lbs 7'0 Drainage Manhole Riser Wt: 0 Ibs 01_S, Bose Wt: 16,500 Ibs North 2nd Street Roadway Improvements Q St Lucie County Packet Pg. 265 71- -1-1-1- J LI 7-1 L) 0 0 �� Z11 I_I M 'o i E Packet Pg. 266 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 1 page CHANGE ORDER NUMBER INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.N.3.e No. 09 March 3, 2016 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 787,483.92 The (Contract Sum) prior to this Change order $ 6,005,601.80 The (Contract Sum) will be (increased, deGreased or unGhanged) by this Change Order $ 7,628.05 The new (Contract Sum) including this Change order will be $ 6,013,229.85 The Contract Time will be (inc;reased, decreased or unchanged) by ( ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: Final: Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: APPROVED: Mancil's Tractor Service, Inc. Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address: By: Date: ATTEST: Deputy Clerk Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney Packet Pg. 267 .r ��w� 03/03/20 1 6 8.0.1 ITEM NO. RES-2016-47 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 03/15/2016 *CONSENT AGENDA\SHERIFF'S OFFICE Resolution - Authorization to Accept the 2016 Edward Byrne Memorial Justice Assistance JAG Countywide Grant (2016-JAGD-STLU-3-H3-052) The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (USDOJ/OJP/BJA) and the Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie County Sheriff's Office the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide. This grant in the amount of $31,363.00 will be used for the Law Enforcement Technology Project, which will enhance the County Jail's inmate booking process and provide GPS tracking bracelets for local children with Autism. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no matching funds required. PREVIOUS ACTION: On August 4, 2015, the Board of County Commissioners approved permission to apply. FINANCIAL IMPACT: Since these grant funds were not anticipated in FY 16, funding is not appropriated in the adopted budget; therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be deposited to the Edward Byrne Grant Fund (107189-2110-331210-200). RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution and authorize the acceptance of the 2016 Edward Byrne Memorial Justice Assistance JAG Countywide Grant in the amount of $31,363.00. COMMISSION ACTION: Packet Pg. 269 8.0.1 Coordination/Signatures n J. M s ara, Sheriff 2/29/2016 anie SW're,,t, orney 3/1/2016 Updated: 3/2/2016 1:01 PM by Katrina Slay Page 2 Packet Pg. 270 FILE 8.0.1.a Florida Department of Law Enforcement Richard L. Swearingen Commissioner FEB 8 2016 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Paula Lewis Chairperson St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Re: Contract No. 2016-JAGC-STLU-3-H3-052 Dear Chairperson Lewis: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant (JAG) subgrant to your unit of government in the amount of $ 31,363.00 for the project entitled, LAW ENFORCEMENT TECHNOLOGY PROJECT. This subaward is approved under Florida's state JAG award 2015-MU- BX-1066 from the Department of Justice. "these funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the Department of Justice (DOJ) Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet federal transparency requirements. Contract and grant information is also provided to the State of Florida, Department of Financial Services (DFS) via the Florida Accountability Contract Tracking System (FACTS). This grant agreement and all correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG) for guidance on how to request exemption. Please complete and return the enclosed Certificate of Acceptance and Certification of Conflict of Interest forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a grant adjustment and written request with justification will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON -Line (SIMON) system may also be included. We look forward to working with you on this project. Please contact Senior Management Analyst Supervisor Randall Smyth at (850) 617-1250 if you have any questions or we can be of further assistance. Si ly, l � ` Petrina Tuttle Herring Bureau Chief PTH/ar Enclosures r Q Service • Integrity • Respect • Quality Packet Pg. 271 8.0.1.a State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2016-JAGC-STLU-3-H3-052, in the amount of $ 31,363.00, for a project entitled, LAW ENFORCEMENT TECHNOLOGY PROJECT, for the period of 10/01/2015 through 09/30/2016, to be implemented in accordance with the approved subgrant application, and �zubiect to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that no recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements. (Signature of Subgrantee's Authorized Official) Kim Johnson, Chairperson (Print Name and Title of Official) St. Lucie County Board of Commissioners (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (rev. June 2012) Packet Pg. 272 8.0.1.a State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF CONFLICT OF INTEREST Subgrantee: St. Lucie County Board of Commissioners Award Number: 2016-JAGC-S'rLU-3-H3-052 Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government above is compliant with OMB Uniform Grant Guidance (2 CFR Part 200), Section 200.112 and OJP Financial Guide, Section 3.20 regarding Conflict of Interest and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflict of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting this subaward. (Signature of Subgrantee's Authorized Official) Kim Johnson, Chairperson (Print Name and Title of Official) (Date) r Q Packet Pg. 273 SUBGRANT AWARD CERTIFICATE 8.O.1.a Subgrantee: St. Lucie County Board of Commissioners Date of Award: S1 Stomp Grant Period: From: 10/01/2015 TO: 09/30/2016 Project Title: LAW ENFORCEMENT TECHNOLOGY PROJECT Grant Number: 2016-JAGC-STLU-3-H3-052 Federal Funds: $ 31,363.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 31,363.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and.Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This award is a cost -reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed, withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338 - 200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. f hn �aHY 0 Lit] Authorized Official Petrina Tuttle Herring Bureau Chief 2 s-12mo Date ( ) This award is subject to special conditions (attached). O 00 c aD E t r r Q Packet Pg. 274 RESOLUTION 8.0.1.b WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a Grant from the US Department of Justice in the amount of $31,363 for the Sheriff's Edward Byrne Justice Assistance Grant (JAG) program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of March, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 107189-2110-331210-200 Us Dept. of Justice $31,363 APPROPRIATIONS 107189-2110-591900-200 Transfer to Sheriff $31,363 After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 15TH DAY OF MARCH 2O16. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 275