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HomeMy WebLinkAboutAgenda Packet 07.26.2016T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, July 26, 2016 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chairman KIM JOHNSON District No. 1, Vice -Chairman CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 3 PAULA A. LEWIS District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 712512016 4:56 PM Regular Meeting Tuesday, July 26, 2016 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, July 26, 2016 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, July 05, 2016 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 39 through 41 B. ADMINISTRATION 1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) to Conduct the Design and Construct Segmented Circle project Staff recommends Board approval of Resolution accepting the attached FDOT JPA to conduct the Design and Construct Segmented Circle project at the St. Lucie County International Airport, and authorization for the Chairman to sign documents as approved by the County Attorney. C. COUNTY ATTORNEY 1. Solid Waste Preliminary Assessment Resolution Staff recommends that the Board adopt the Solid Waste Preliminary Assessment 3 1 P a g e Regular Meeting Tuesday, July 26, 2016 9:00 AM Resolution and authorize the Chairman to sign the Resolution. 2. Canvassing Board - Appointment for August 2016 Primary Staff recommends that the Board ratify the Chairman's appointment of Commissioner Lewis as the substitute member for the Supervisor of Elections on the Canvassing Board for the August 30, 2016 Primary Election. 3. Permission to Advertise - Human Trafficking Awareness Ordinance Staff requests permission to advertise the proposed ordinance for public hearing on August 16, 2016 at 9:00 a.m. or as soon thereafter as may be heard. 4. Byrne Memorial Justice Assistance Grant FY 2016 Staff recommends that the Board approve the County's participation as the coordinating unit of government in the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 5. Indian River Estates Municipal Service Benefit Unit - Master Meter - Parcel ID 3402-604- 0055-000-7 Access/Pipeline Easements in favor of Fort Pierce Utilities Authority and City of Port St. Lucie Staff recommends the Board approve the Access/Pipeline Easements in favor of Fort Pierce Utilities Authority and City of Port St. Lucie, authorize the Chairman to sign the easements and direct staff to record the easements in the Public Records of St. Lucie County, Florida. 6. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY 21 Regular Meeting Tuesday, July 26, 2016 9:00 AM There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Removal of Fixed Assets from Inventory Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Circuit Court, Court Administration, St. Lucie County Health Department, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. 2. Award Bid No. 16-038, Pre -Qualification of Fencing Contractors Staff recommends Board approval of the award of Bid No. 16-038, Pre -Qualification of Fencing Contractors to Adron Fence Company of Okeechobee, A Great Fence, LLC of Port St. Lucie and Stuart Fence Company, Inc of Stuart and authorization for the Chairman to sign the contracts as approved by the County Attorney. K. PARKS, RECREATION & FACILITIES 1. Lakewood Neighborhood Park Playground Structure and Safety Surface Replacement Project Staff recommends Board authorization to piggyback Clay County's contract no. 13/14-8 with Rep Services, Inc. to purchase and install a new playground structure and poured in place safety surface at Lakewood Neighborhood Park at a cost of $92,491.90 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Sheraton Plaza Reserve Funding Staff recommends Board approval to move available funds from Municipal Services Taxing Unit (MSTU) account string #129-9910-599300-800 (Reserves) to account string #129-7215-546200-1905 (Maintenance Improvement Projects). 3. Fire Sprinkler Maintenance Contract Staff recommends Board approval to award Bid No. 16-027 to Life Safety Systems, Inc., the only responsive and responsible bidder, to provide inspections, testing and maintenance of the fire sprinkler systems at County facilities, and authorization for the Chairman to sign documents as approved by the County Attorney. L. PLANNING & DEVELOPMENT SERVICES 5 1 P a g e Regular Meeting Tuesday, July 26, 2016 9:00 AM 1. Resolution - Amending Resolution No. 13-196 to update fee schedule to waive the banner permit fee for any new business or a business that is expanding and to correct a typographical error in the fee schedule associated with permitting activities in the Building Division; and providing an effective date of September 1, 2016. Staff recommends that the Board approve the minor amendments to the building permit fee schedule to 1) waive the $30.00 permit fee on banners for any new business or a business that is expanding and 2) correct an error on a plan review fee for a residential swimming pool from $ 450.00 to $ 175.00. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Resolution - Sunland Gardens Municipal Service Benefit Unit (MSBU) Staff recommends Board authorization to prepay the balance of the Sunland Gardens MSBU 2006A Bonds. 2. Resolution - Harmony Heights Municipal Services Benefit Unit (MSBU) 2009A Bond Payoff Staff recommends Board authorization to prepay the balance of the Harmony Heights MSBU 2009A Bonds. 3. Property Clean-up Special Assessment District Staff recommends Board authorization to advertise a public hearing for the Property Clean-up Special Assessment District to be held on September 6, 2016 at 6:00 p.m. or as soon thereafter as may be heard. 4. Street Lighting Special Assessment Districts - Annual Assessment Resolution Staff recommends Board adoption of the Annual Assessment Resolution for the Street Lighting Special Assessment Districts. 5. Award Bid No. 16-036 - Oleander Avenue Parallel Pipe Phase III King Orange Drive Outfall Culvert Repair Staff recommends Board approval to award the bid to PRP Construction Group, Inc., in the amount of $261,743.90 for Oleander Avenue Parallel Pipe Phase III King Orange Drive Outfall Culvert Repair and for the Chairman to sign documents as approved by the County Attorney. 6. Juanita Avenue Sidewalk (21st Street to Taylor Creek Bridge) - Accept Project and Approve Final Payment Staff recommends Board acceptance of the Juanita Avenue Sidewalk Improvements and approval of Final Payment. 6 1 P a g e Regular Meeting Tuesday, July 26, 2016 9:00 AM O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE 1. Perimeter Fence at Fairwinds Golf Course Staff recommends Board authorization to enter into a Purchase Order under the continuing contract (C13-09-337) with Stuart Fence Company, Inc., in the amount of $80,000.00, for the installation of a perimeter fence at Fairwinds Golf Course. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts Staff recommends the Board adopt the proposed ordinance as drafted. 2. Ordinance - Correcting a Scrivener's Error in Ordinance No. 16-008 Staff recommends that the Board approve the draft ordinance and authorize the Chairman to sign the draft ordinance. B. COMMUNITY SERVICES 1. County Owned Property Suitable for Affordable Housing Staff recommends Board approval of the list of properties owned by St. Lucie County suitable for affordable housing, the Resolution establishing an updated list and authorization for the Chairman to sign documents as approved by the County Attorney. 10. REGULAR AGENDA A. OFFICE OF MANAGEMENT & BUDGET 7 1 P a g e Regular Meeting Tuesday, July 26, 2016 9:00 AM 1. Setting of FY 2017 Proposed Millage Rates and Dates for Budget Public Hearings Staff recommends Board approval to set millage rates in order to comply with Truth in Millage (TRIM) requirements: Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2016-2017" under the column headed "2016-2017 proposed millage." Set two public hearings on September 8, 2016 and September 22, 2016, at 6:00 PM in the Roger Poitras Administration Annex Commission Chamber. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll- back Millage rate for fiscal year 2016-2017" under the column headed "2016- 2017 proposed millage." B. PUBLIC WORKS 1. Port of Fort Pierce, Fisherman's Wharf Roadway Improvements Design & Permitting, Culpepper & Terpening, Inc. Staff recommends Board approval of Work Authorization No. 2 with Culpepper & Terpening, Inc. in the amount of $151,300.00 for the Fisherman's Wharf Roadway Design and authorization for the Chairman to execute as approved by the County Attorney. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular Board meeting on August 2, 2016 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal Meeting on August 9, 2016 at 9am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular Board meeting on August 16, 2016 at 9am in the 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.A S■TkaL■(di 1 E COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting July 5, 2016 Convened: 6:00 PM Adjourned: 8:22 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name q itle Status Arrived Kim Johnson District No. 5, Chairman Present 6:00 PM Chris Dzadovsky District No. 1, Vice -Chairman Present 6:00 PM Tod Mowery District No. 2 Present 6:00 PM Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 16:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director 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 Ceretha Leon Human Resources Director Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Lucero Carrillo Recording Clerk Present 6:00 PM 2. INVOCATION 6 W Z U- O J Q O a IL Q Generated 71121201612:24 PM Packet Pg. 9 4.A Regular Meeting Tuesday, July 5, 2016 6:00 PM 3. :j 5. Q 7. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, June 21, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson PROCLAMATIONS APPROVAL There are no items scheduled. PUBLIC COMMENT (excluding Public Hearing items) Chairman Johnson let the public in attendance know that if they are addressing the Board regarding the Indian River Lagoon, he will give them time to do so during that regular agenda item. Richard Silvestri, 5708 Buchanan Dr. Fort Pierce - Mr. Silvestri asked the Board to adopt an ordinance banning assault weapons and high -capacity magazines. He spoke about recent news articles regarding mass shootings. He spoke about the 869 victims in the last 50 years and other statistics related to this topic. Mr. Silvestri also mentioned his attempts to contact representatives in the state to take action and felt that it is important to begin at the local level. Mike Monahan, St. Lucie County Resident - Mr. Monahan addressed the Board on the topic of the McCarty Road Bridge. He explained that the residents were unhappy with the proposal and short notice from DOT. He stated that Commissioner Dzadovsky and county staff met with residents and listened to their concerns. Mr. Monahan indicated that a new bridge has been presented by DOT that will work better for the community. He thanked the Board and staff for their help. Howard Fein, Port St. Lucie Resident - Mr. Fein spoke about the unemployment issue in St. Lucie County. He spoke about difficulties faced by businesses looking to move into the county. Mr. Fein stated that the county should accept investments and allow expansions from existing businesses. PRESENTATIONS A. Indian River Lagoon Council Update - Dr. Duane De Freese, Executive Director Dr. Duane De Freese, Executive Director of the Indian River Lagoon Council and the Indian River Lagoon National Estuary program presented an update on the progress in the Indian River Cn w z U_ 0 J Q 0 a a a 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Lagoon. He covered the timeline and major accomplishments of the council since October 1, 2015. Dr. De Freese explained the major components of national estuary programs; they are non -regulatory programs, they consist of diverse local stakeholders and use a collaborative and consensus -building approach by involving community members. He also presented the goals of the IRL NEP and the process of completing a full revision of the comprehensive management plan for 2016- 2017. Dr. De Freese presented the breakdown of the money received from the EPA and local cost share funds. He explained the importance of using local dollars for "shovel ready" projects in the county. Dr. De Freese presented the draft IRL NEP management conference structure. He explained the purpose of the structure is to allow communication with citizens, scientists and businesses to make advised decisions at the council level. He reviewed the chart and the status of the various positions and in announced the first meeting on July 26th. Dr. De Freese emphasized the importance of communicating uJ effectively through the 20 organizations involved with the Indian River Lagoon Council National Estuary Z Program. He explained the goal of the council to bring information to the various counties through the citizens' advisory committee. Dr. De Freese concluded his presentation by detailing the next steps for u- the council, which includes working with county staff to determine what information is needed. Commissioner Dzadovsky thanked Dr. De Freese for his presentation and the effort from his staff. He 0 spoke about the different impacts on the effected regions. He recommended reaching out to Palm a Beach County to become involved. Commissioner Dzadovsky spoke about the C23 and C24 canals and Q suggested utilizing land in the western part of the county to release water. a Dr. De Freese spoke about the lagoon -wide nature of the issue and stated that priority will be given to 0 the projects that can be started sooner. He reminded the Board that there is no quick fix, and that the issue has been growing since 1998. N Commissioner Dzadovsky added that the current momentum should be used to seek long term solutions "' at the federal level. Commissioner Hutchinson spoke about her communication Senator Negron. Commissioner Mowery thanked Commissioner Dzadovsky for his efforts in the area. He also spoke about the various issues associated with the Indian River Lagoon and the impact on local bodies of water. He emphasized a collective approach between counties. Commissioner Mowery thanked Dr. De Freese for his leadership on the council. Chairman Johnson thanked Dr. De Freese for his work with the council and the efforts of all counties involved. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. Warrant Lists 37 & 38 3 1 Packet Pg. 11 4.A Regular Meeting Tuesday, July 5, 2016 6:00 PM B. ADMINISTRATION 1. Fort Pierce FBO, L.L.C. - Ground Sublease to Ranch 536, LLC, a Florida Company C/O Paul Jacquin. C. COUNTY ATTORNEY 1. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish seven (7) Unsafe Structures in St. Lucie County, Florida. LU D. COMMUNITY SERVICES Z U- 1. Hardest Hit Fund (HHF) Contract Renewal and Amendment 0 J Q E. COURT ADMINISTRATION 0 W a a There are no items scheduled. Q F. ENVIRONMENTAL RESOURCES There are no items scheduled. 111►Ti1e1i111:44-1911I.To*i There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. Tax Collector Building Contract Amendment L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. 4 1 P a g e Packet Pg. 12 4.A Regular Meeting Tuesday, July 5, 2016 6:00 PM M. PUBLIC SAFETY 1. Resolution - Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant 2. Resolution - Emergency Management Preparedness Federally -Funded Grant (EMPG) N. PUBLIC WORKS 1 2 3 4 Resolution - McCarty Road North Bridge Highway Maintenance Memorandum of Agreement w Slope Repair at 8001 Indian River Drive - Accept Project and Approve Final Payment D z Additions to Stormwater Capital Improvement Plan (CIP) U_ O J Fourth Amendment to Contract C13-01-019, Aquatic Vegetation Control of Drainage Right -of -Ways, Waterways, Lakes, Ponds, and Water Retention Areas O o: a Commissioner Dzadovsky commented on this item to approve a contract for Q "housekeeping" of aquatic vegetation and drainage of waterways. He asked staff to consult with the North County River District on their management of the canals and a expressed his concern over inadequate action to date. c O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES 1. Resolution - Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (Water and Sewer District) 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 5 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A 1. Ordinance - Extending Effective Date of Ordinance No. 15-05 The Assistant County Attorney presented this item for a proposed amendment to Ordinance 15-05. She indicated that this ordinance created a third party administrator and a system for false alarm collection. She stated that it was envisioned as a county- wide project, and currently the cities of Fort Pierce and Port St. Lucie are still in the process of adopting their own ordinances. Staff recommended that the ordinance effective date be extended to October 1, 2016, and the cities have indicated they will be ready by that time. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 2. Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts The Assistant County Attorney presented this item for the first of 2 public hearings on a proposed amendment to Subsection 7.10.03.A of the Land Development Code. This subsection currently limits the number of dogs and cats over the age of four months in residentially zoned properties to a total of three animals. She indicated that the Animal Shelter Standards Committee has recommended increasing that umber to 5, as allowed by the cities of Fort Pierce and Port St. Lucie. This recommendation was based upon the experience of the committee members as a more realistic number for responsible pet owners. The Assistant County Attorney stated that this item was originally presented on February 18th and continued at that time to allow staff look into issues concerning the impact on local animal shelters and potential impact on agricultural operations which use working dogs. She indicated that local animal shelters are in support of the amendment and a list of exemptions from the definition of residential districts was added to the ordinance. The Planning and Zoning Commission voted 6-1 to recommend the Board of County Commissioners adopt the revised ordinance. She indicated to the Board that this was the first of 2 public hearings, and the second hearing would be held on July 26th at 9 AM. RESULT: 1ST READING APPROVED Next: 7/26/2016 9:00 AM 3. Public Hearing to consider temporarily closing Euclid Street from U.S. Highway 1 to Ridgehaven Road The Property Acquisitions Manager presented this item for a public hearing to temporarily close Euclid Street from US Highway 1 to Ridgehaven Road. She stated that Euclid Street is a county maintained road that connects US Highway 1 to Ridgehaven and was the main entrance to a small residential area located east of the county airport, west of Highway 1, south of 251" Street and north of St. Lucie Boulevard. She stated that the county obtained multiple grants to move willing sellers from the area. Euclid Street provides access to the county dredge spoil site and is used so infrequently that Australian pines on the northern edge of the pavement have grown up through 80% of the west -bound travel lane, creating a hazard. The Property Acquisitions Manager said that the trees have damaged the road to a point that the road needs to be in w F_ I z M LL O J Q O W a a Q 6 1 Packet Pg. 14 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A reconstructed. Staff requested that Euclid Street from US Highway 1 to Ridgehaven Road be temporarily closed, until funding is available, to engineer and reconstruct the roadway. She added that there are 3 private home sites in the area, 1 of which is occupied with a homestead exemption. On June 7th the Board approved permission to advertise the public hearing. On June 20th the public hearing was advertised in the St. Lucie News Tribune and letters were mailed to all property owners lying within 500 feet of the proposed temporary closure area. She stated that no objections had been received. The Property Acquisition Manager concluded by recommending that the Board approve the resolution and instruct staff to publish the final notice of temporary road closure and record the resolution and notices in the public records. Chairman Johnson opened the hearing to the public at this time: Patrick Langel, 990 S Jenkins Road Fort Pierce - Mr. Langel indicated that he owns the property to the north of the area to closed with his brother. He asked the Board for clarification of how long the road would be closed because it would affect access and the value of his property. Chairman Johnson answered that there will be access to the road during the closure. The County Administrator added that because of the lack of funding the closure would be long term. The Assistant Road and Bridge Manager indicated that Ridgehaven Road would be accessible at US Highway 1. Mr. Langel added that potential buyers of the property would lose access to the road and clarified that his property is on the north side of the road. The Property Acquisition Manager stated that there would still be access to his property via the intersection of Ridgehaven Road and US Highway 1. Mr. Langel stated that the turning lane onto Euclid Street will be lost and expressed concern over permanent closure of the roadway. The Assistant Road and Bridge Manager stated that the closure will be until funding is available and could possibly be funded by a dredge company looking to utilize the site. Mr. Langel emphasized that the street is being closed and the reopening date is not currently scheduled. Staff confirmed that the temporary closing is currently being proposed. Commissioner Hutchinson asked for help from staff to see Mr. Langel's property on the map. She asked him if he received a letter regarding the closure. She asked how he accessed his property at this time, and if he drives through the trees. Mr. Langel indicated he received 1 letter. He answered that he currently uses Euclid to reach his property and the road is still accessible despite the damage. He reiterated the value of the turning lane. Commissioner Hutchinson asked if Mr. Langel is able to access his property through US1. The Assistant Road and Bridge Manager stated that the turning lane is a state road, access could be requested through DOT because the turn lane would not be removed. w z U- 0 J Q 0 a a Q 7 1 P a g e IPacket Pg. 15 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Mr. Langel confirmed with staff that the turning lane will remain despite the road closure. Commissioner Hutchison stated that access would be easier from US1 once DOT allows access to the property. Chairman Johnson confirmed with staff that residents will still have access to the road and the closure is due to safety concerns. Commissioner Mowery asked staff to review a map of the area via Google Maps to provide a better view of the road. Mr. Langel asked if the roadway could be saved and if the trees could be removed. He also asked if this is the final reading of this hearing and if letters and advertisements were sent previously. Staff indicated that due to the safety concerns, a temporary closure of the entire roadway would be the safest option. Staff answered that this is final reading and public notices were made with 1 letter for 1 meeting. Commissioner Dzadovsky asked if Mr. Langel intended to develop the property in the next year. He asked the County Attorney if a potential buyer could seek action from the county in the future. Mr. Langel answered that there are no plans at the time, however the property is for sale. The County Attorney confirmed that could be done in the future. RESULT: APPROVED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Uncle Bob's Self Storage Major Adjustment to an Existing Conditional Use The Senior Planner with the Planning and Development Services Department presented this item for a petition for a major adjustment to an existing conditional use for a self - storage facility in commercial general zoning. She indicated that a major site adjustment to an existing major site plan is associated with this site and is scheduled for the regular agenda. She explained the history of the parcel and zoning up to the current date. The Senior Planner stated that the county's conditional use regulations allow for the proposed expansion of existing facilities upon the Board's approval and determination that the changes are in substantial conformity with the existing conditional use. She added that the item is a Quasi -Judicial hearing and all required public notice items have been provided. She stated that staff received 6 responses from property owners within 500 feet; 1 was in favor, 2 were against and 3 had no opinion regarding the project. Staff provided aerial views of the surrounding area and current zoning of the surrounding areas. The proposed site includes the following changes: addition of a one acre undeveloped parcel to the east and the addition of 29,037 square feet of building area. The Senior Planner stated that approval of this petition will allow the Board's consideration of the associated major adjustment to the project site plan on the Regular in w z U_ 0 J 0 a a a 8 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Agenda. The site plan adjustment also allows for the removal of an existing storage building and the addition of a new 35,407 square foot building. Staff indicated that the elevation levels for the new building have been reviewed and approved by the county. Staff reviewed conditions associated with the site plan, including a requirement to update a gopher tortoise survey and to provide Florida Fish and Wildlife relocation permits if necessary. The Senior Planner stated that the site being cleared for the new building is heavily treed, therefore there is a tree mitigation payment of $126,400 due prior to issuance of building permits. Commissioner Hutchinson asked if it would be possible to address this resolution and the resolution that is part of the Regular Agenda for the same project at this time. Chairman Johnson agreed that would be a good decision. Commissioner Dzadovsky spoke about the addition of 25% of impervious surfaces being added with no additional stormwater storage. He indicated there was a lake to the west of the project that may be sufficient for runoff but expressed concern over recent issues. He asked the Senior Planner if there is a stormwater containment plan for the new site. Staff stated that the water quality division reviewed the plans and there is a preliminary water drainage system that will wrap around the building. The Water Quality Manager stated that the engineer will need to demonstrate sufficient water quality and flood abatement calculations at the time of permitting for any impervious areas. He indicated that this water flows into the US1 catchment area to the west. Commissioner Dzadovsky stated this is good time for staff to review plans for stormwater storage and asked the applicant to review plans for the site. Commissioner Mowery added that any application to add impervious surface area requires new or updated permitting. He asked staff to clarify the tree mitigation fee and expressed concern over the amount being requested of the applicant. The Senior Environmental Planner stated that the applicant chose to take that route of mitigation through discussions with staff to meet the county's code. Commissioner Dzadovsky added that a possible tree harvesting through the Environmental Resources Department could be used to preserve some of the trees. Chairman Johnson indicated that this was a Quasi -Judicial item and asked the Board to make any disclosures of contact. Commissioner Hutchinson stated she had no contact. Commissioner Dzadovsky stated that he met with county staff. Commissioner Lewis stated that she met with county staff. Commissioner Mowery stated that he had no contact. Chairman Johnson stated that he met with county staff. Chairman Johnson opened the hearing to the public at this time: Jodah Bittle, Vero Beach Resident - Mr. Bittle identified himself as the representative for Schulke, Bittle and Stoddard. He thanked staff for their help with the process. He stated that he is proposing dryer retention around the east and south of the site to offset the impervious area. He also added that the tree mitigation fee was the only option that would work for the site. in w z U_ 0 J i 0 a a a 9 1 N a g IPacket Pg. 17 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A RESULT: APPROVED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Indian River Lagoon - State of Emergency Chairman Johnson moved this item after Regular Agenda item 10.13.1. The County Administrator began this item with a presentation on the "Crisis in Our Waters". He covered the leadership taken by the Board since 2000 and provided a current status update as of June 2016. He stated that the St Lucie River and Caloosahatchee remain the primary outlets for keeping water levels in the safe zone for fear of breaching the Hoover Dike around Lake Okeechobee. As a result billions of gallons of polluted water come into the county each day. Staff presented images of the devastating effects on area waterways. The County Administrator continued by detailing the major aspects of the problem; releases backing up into the lagoon and North Fork, damage to wildlife, seagrasses, property, businesses, tourism and recreation, Club Med had to close its beaches, ocean beach closures and Health Department advisories. He reiterated that the county does not control the source and only receives the impacts. This has led to a state declaration of emergency. He detailed the factors that the county can control, including improving water quality and storm water run-off into the St Lucie County Basin and the proposed infrastructure surtax to help with funding. The County Attorney also presented the major projects, advocacy, and rules and regulations aimed at water quality in St. Lucie County. He explained the help that is needed immediately; releases need to be curtailed, more water treated and stored north and south, the emergency Hoover Dike repairs need to be accelerated, estuary restoration funding needed to repair damage, fast -track Everglades and Indian River Lagoon South projects, creation of septic to sewer assistance program, expansion of proven water farming projects, and an emergency Presidential/Federal declaration. He spoke about the irreversible momentum needed moving forward to make this plan work. The County Attorney continued the presentation of the item by covering actions taken by other entities regarding the issue. He explained that Board of County Commissioners of Martin County held an emergency meeting on June 28, 2016 and requested a declaration of disaster at the State and Federal level, as well as a local declaration. The county authorized staff to draft letters to President Obama to make him aware of the situation and invite him to see the issue firsthand, authorized the signing of a local petition, adopted a resolution to recite current conditions and requested county staff to begin developing changes to the Martin County's land development regulations to assist in mitigating impacts. Martin County also authorized sending a letter to the Governor, in w F_ z LL 0 J 0 W a a a 10 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Army Corps of Engineers, and big sugar requesting a public meeting to address the issue. The County Attorney explained that as a result of that action, Governor Scott issued an executive order on June 29th declaring a state of emergency in Martin and St. Lucie Counties. He provided a copy of the executive order and the press release summarizing the declaration. He stated that the governor authorized DEP, the Fish and Wildlife Coalition, and South Florida Water Management District to take certain actions. The County Attorney also provided copies of correspondence from federal and state legislative delegation members, and a resolution that the Florida Association of Counties Executive Committee passed recently. Staff indicated that they have tried to maintain consistency with requests from other counties and utilized correspondence from Martin County and others to draft the following documents for the Board to review; a letter to President Obama, a resolution asking the governor to request a disaster declaration from the president along with other suggested actions, a letter to Governor Scott, a letter to Assistant Secretary Darcy of the Army Corps and a declaration of Local State of Emergency for the Public Safety Director to sign. Staff recommended that the Board consider the resolution, letters and local state of emergency. He indicated that the language of these documents can be modified and felt that this will put the Board into a position to facilitate discussion and action. Commissioner Hutchinson indicated that a letter to South Florida Water Management would be needed. She also asked to add a review of regulation of the lower schedule to the letters to the president, the Army Corps and South Florida Water Management District (SFWMD). Commissioner Mowery asked Commissioner Hutchinson what should be addressed in the letter to SFWMD. Commissioner Hutchinson explained the offer from SFWMD to install dirt berms into the county's canals to quickly resolve some storage issues. She expressed optimism at that proposal and suggested the Board provide funding for that action. Commissioner Dzadovsky asked if there is a match from SFWMD. He agreed that some pressure needs to be removed from Martin County and emphasized the need for the Army Corps to take action. Commissioner Hutchinson stated that match was involving other agencies. She explained that this action demonstrates the county's willingness to move forward. Commissioner Dzadovsky addressed estuary restoration funding and the actions needed to restore the fisheries in the lagoon. Commissioner Mowery suggested giving staff time to draft the new letter and bring it before the Board at the next meeting. Chairman Johnson agreed with the suggestion but emphasized the urgency to get the letters out quickly. Commissioner Dzadovsky stated that it is important to move forward with action tonight and follow-up with an amendment for any additional letters or changes. Commissioner Mowery confirmed with the County Attorney that there were 5 items for approval to be sent. The County Attorney detailed the items and any changes that had been requested by the Board. He also added that this approval would allow staff to draft a letter for SFWMD as directed by the Board. in w z U_ 0 J 0 a a a 111 Page Packet Pg. 19 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Chairman Johnson indicated that because this item was declared a State of Emergency by the governor, the Board will open this Regular Item for the public to address the Board. Peter Fiore, St. Lucie County Resident - Mr. Fiore identified himself as president of the Nettles Island Community Action Association. He explained that his community is an island in the middle of the lagoon. He spoke about the severity of the situation to the south and Dr. De Freese's presentation at Martin County's meeting. Mr. Fiore spoke about the community response to the issue and the economic impact on the area. He provided the Board with a letter from Mark Boston, the vice president of his association. Mr. Fiore spoke about the health concerns for Nettles Island and possible solutions to help the lagoon. Commissioner Dzadovsky addressed the Mosquito Control Director's idea to bring water from the ocean into the lagoon to oxygenate the water and provide salinity. He stated that it has not yet been implemented and expressed caution regarding new approaches. Christa Stone, St. Lucie County Resident - Ms. Stone identified herself as an on air radio personality with Treasure and Space Coast Radio. She thanked the Board for their proactive efforts to educate and create solutions regarding the lagoon's issues. She asked the Board to bring more awareness to the public regarding education of the issues to improve their understanding of the situation. John Dimola, 700 Block Arkansas Terrace Port St. Lucie - Mr. Dimola thanked the Board for giving the lagoon serious attention. He spoke about the severity of the environmental issue and the danger of the lake releases. He asked for an immediate stop of these releases and storage of water to the north and south. He mentioned possible sources of funding for estuary restoration. Mark Boston, St. Lucie County Resident - Mr. Boston read his letter from August 12, 2014 regarding damage to the Indian River Lagoon caused by fertilizer and septic tanks. He spoke about his contact with legislators and asked the Board to reach out to Senators for funding of the sewer project. He emphasized the importance of making phone calls to these offices to get responses. Mr. Boston spoke about this "lost summer" and the impact on residents and visitors. Roslyn Morrison, 991 Nettles Blvd South Hutchinson - Ms. Morrison thanked the Board for their efforts. She spoke about her investments in the community and her hesitancy to purchase a home in the area effected by the lake releases. She mentioned the environmental impacts on the lagoon's ecosystem. She indicated that her next step is to contact the attorney general regarding the health conditions of the state. Glenn Morrison, 991 Nettles Blvd - Mr. Morrison expressed his excitement over the enthusiasm of the Board. He spoke about the damage caused by the Army Corps of Engineers and stated that this may turn future residents away from the state. He mentioned the negative national attention the area has received. Mr. Morrison also spoke about the train systems being proposed in the state. He urged St. Lucie County to reach out to other counties for assistance and mentioned the possibility of increased danger caused by a hurricane in these waters. in w z U- 0 J 0 a a a 12 1 Packet Pg. 20 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Richard Wood, 509 Tumblin Kling Rd Fort Pierce - Mr. Wood agreed with previous comments from the public and suggested St. Lucie County make a request to FEMA for immediate help. Howard Fein, Port St. Lucie Resident - Mr. Fein asked if there has been analysis on how much water the storage basins will hold. He also asked how many gallons per hour are being diverted into the canals. He spoke about the filtration technique being implemented and asked what the next steps in the process would be. He suggested other solutions for filtration to be considered. Chairman Johnson clarified that the motion for approval will include an amendment to add a letter to South Florida Water Management District. The County Attorney confirmed that the original 5 items presented; a letter to President Obama, a resolution asking the governor to request a disaster declaration from the president, a letter to Governor Scott, a letter to Assistant Secretary Darcy and a declaration of state of emergency. He added that the comment from Commissioner Hutchinson will be added to the letter to President Obama and the Army Corps. Staff will also draft a letter to SFWMD as suggested by the Board to address the C23 and C24 project, which will be reviewed by the commissioners individually before it is sent. Commissioner Lewis confirmed that this action is the beginning but emphasized moving forward quickly. Commissioner Hutchinson suggested that the Board reach out to the different groups and organizations they are involved with to write letters and reach out to get more done. Commissioner Mowery agreed that there is general language that many of these groups should be a part of and continue to build momentum. Chairman Johnson thanked staff for their efforts on the project. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Uncle Bob's Self Storage Major Site Plan Adjustment Chairman Johnson moved this item after Public Hearing item 9.13.1 and before Regular Agenda item 10.A.1. The Senior Planner with the Planning and Development Services Department presented this item. She presented the Board with a picture of the site plan project that detailed the existing buildings and proposed new building on site. She also confirmed the building to be demolished, building elevations and landscaping that was brought up to code. Staff indicated that the adjustment to the major site plan is compliant with the St. Lucie County Land Development Code. in w z U_ 0 J 0 a a a 13 1 P a g Packet Pg. 21 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A RESULT: APPROVED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on July 12, 2016 at 9 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia _ Avenue, Fort Pierce, FL. N w B. The Board of County Commissioners will hold a Budget Workshop on July 12, 2016 beginning at Z 1:00 pm in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 U_ Virginia Avenue, Fort Pierce, FL. 0 Q C. The Board of County Commissioners will hold a Budget Workshop on July 13, 2016 beginning at 0 8:30 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 a- Virginia Avenue, Fort Pierce, FL. Q D. The Board of County Commissioners will hold a Budget Workshop on July 14, 2016 beginning at 10:00 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners may hold an additional Budget Workshop, if needed, on July 15, 2016 beginning at 8:00 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The 34th Annual Chili Cook -Off is being held at the Havert L. Fenn Center in Fort Pierce on Saturday, July 16, 2016 from 11am- 6pm. For more information or to get involved, please visit becofslc.org/chili-cook or call (772) 460-9918. G. The Board of County Commissioners Regular Board meeting on July 19, 2016, has been rescheduled to July 26, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. H. The Board of County Commissioners will hold a Regular Board meeting on August 2, 2016 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The Board of County Commissioners will hold an Informal Meeting on August 9, 2016 at 9 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 14 1 Packet Pg. 22 Regular Meeting Tuesday, July 5, 2016 6:00 PM 4.A Non -Agenda Item - Commissioner Dzadovsky Veterans Nursing Facility Letter Commissioner Dzadovsky stated that he received a copy of a letter sent from Veterans Affairs to Congressman Murphy. He stated that the letter suggested that the funding for the nursing facility is a priority and the funding will be available. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. in w z U_ 0 J Q 0 d d Q 15 1 Packet Pg. 23 8.A.1 07/01/16 FZABWARR FUND TITLE 001 001460 001512 001538 001550 001560 001563 001570 001571 001572 001573 001574 001575 001576 001577 OD1826 101 101001 101002 101003 101004 102 102001 107 107001 107002 107003 107006 111 112 120 122 126 130 130119 139 140 140001 140376 160 183 183001 183004 183006 184001 184222 184224 185016 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 25-JUN-2016 TO 01-JUL-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 EMPG FY16 Safe Routes to School HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Support Services for Veterans 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 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU FTA 5307 FY13 Palm Grove Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program Ft Pierce Shore Protection Project Fort Pierce IMP Implementation FHFC SHIP 2015-2016 EXPENSES 141,896.21 9.02 0.00 0.00 0.00 664.15 15,083.04 6,692.50 0.00 0.00 0.00 23.00 0.00 0.00 0.00 0.00 3,461.90 0.00 78,630.00 69,402.96 12,342.82 1,622.37 2,483.38 119,086.01 0.00 0.00 2,273.10 3,326.91 3,312.59 769.56 226.94 1,062.87 160.21 0.00 0.00 990.00 3,998.15 0.00 4,453.50 15,550.29 2,520.26 120.00 2,378.25 597.14 0.00 56,115.00 39,207.00 6,316.96 PAGE PAYROLL 553,957.86 1, 685.45 400.49 510.32 340.80 9,157.06 1, 597.08 0.00 1,286.14 170.40 170.40 1, 842.40 680.65 1,584.80 Z 1,333.60 1,600.00 42,009.83 1,381.60 44,845.64 14,682.41 17,811.69 0 58,279.56 16, 126.31 154,430.39 c� 1,060.03 1,060.03 J 0.00 r 8,983.11 i 0.00 M 0.00 0.00 0.00 0 0.00 2,212.54 c 1, 428.80 0.00 E 11,939.21 U 3,177.61 0.00 2,946.46 4,989.78 0.00 3,275.73 0.00 1,645.60 0.00 0.00 893.86 Packet Pg. 24 8.A.1 07/01/16 FZABWARR FUND TITLE 185017 187 189110 189111 189203 190 310001 310006 316001 318 362 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #fi39- 25-JUN-2016 TO 01-JUL-2016 FUND SUMMARY FHFA SHIP 2016/2017 Boating Improvement Projects Home Consortium 2014 Home Consortium FY 2015 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Transportation 5th Cent Fuel -Capital County Capital -Transportation Bond Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 171.36 1,750.00 0.00 7,415.00 0.00 37,858.79 2,896.20 21,839.75 2,649.75 9,702.83 2,800.00 903,439.08 2,428.58 91,476.73 0.00 191,161.03 0.00 44,026.90 714.81 145, 999.64 179.96 0.00 3,250.00 14,941.03 43,687.95 2,123,167.48 PAGE PAYROLL 0.00 0.00 551.10 731.37 43.78 25,386.74 0.00 0.00 0.00 0.00 0.00 86,091.31 17,042.53 6,402.28 1,230.21 9, 640.35 1,949.51 1,646.23 34,064.00 0.00 3,258.37 3,105.86 3, 825.66 0.00 0.00 1,164,461.94 Packet Pg. 25 8.A.1 07/08/16 FZABWARR FUND TITLE 001 001460 001538 001560 001563 001571 001573 001574 001579 101 101001 101002 101003 101004 102001 107 107001 107003 107006 115 118 121 130 130119 140 140375 160 162 183 183001 183004 183006 184001 185015 185016 190 310002 316 316001 318 320 321 401 418 451 471 505 505001 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 02-JUL-2016 TO 08-J'UL-2016 FUND SUMMARY General Fund FCTD Planning Grant HUD Neighborhood Stab 3 Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 Safe Routes to School HUD Shelter Plus Care Grant CSBG 2016 Farm to Fly Biofuels Study Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307 FY13 Airport Fund FDOT- Construction Customs Facility Plan Maintenance RAD Fund Tourism Dev--5th Cent Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2014-2015 FHFC SHIP 2015-2016 Sports Complex Fund Impact Fees -Parks County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Jail Security Upgrade Capital Imp Rev Bonds 2015 Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Health Insurance Fund Risk Management Fund EXPENSES 535,680.69 390.00 209.25 7, 549.04 1,582.00 850.00 810.00 2,480,00 1, 610.09 311.49 40,660.00 7,807.86 3,765.00 10,164.98 2,475.66 41,384.77 8, 115.52 31,071.13 1, 989.00 594.26 827.73 83.06 2,588.82 1, 963.69 5,202.57 77,850.00 1, 507.85 6, 666.66 8,477.03 100.00 1,071.75 785.74 5,000.00 27,428.44 225.99 1,554.06 2,400.00 125.00 7,862.50 87,223.12 168,95B.06 5,684.20 35,730.42 6, 122.40 48.00 2,670.00 916.07 1,078.75 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 H 0.00 Z 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 M 0.00 N 0.00 0.00 0.00 0.00 M 0.00 0.00 c 0.00 2 0.00 0.00 c 0.00 E 0.00 E 0.00 V 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 Packet Pg. 26 8.A.1 07/08/16 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #90- 02-JUL-2016 TO 08-JUL-2016 FUND SUMMARY FUND TITLE EXPENSES 611 Tourist Development Trust-Adv Fund 11,850.00 801 Bank Fund 3,836.50 GRAND TOTAL: 1,175,359.15 PAGE 2 PAYROLL 0.00 0.00 796.80 Packet Pg. 27 8.A.1 07/15/16 FZABWARR FUND TITLE 001 001461 001463 001512 001538 001550 001560 001563 001570 001572 001573 001574 001575 001576 001577 001579 001580 001826 101 101001 101002 101003 101004 102 102001 103 107 107001 107002 107003 107006 129 130 130119 140 140001 160 183 183004 184001 184806 185015 185016 189110 190 242 310001 316 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 09-JUL-2016 TO 15-JUL-2016 FUND SUMMARY General Fund RCMP 2017 -002 FCTD Planning Grant FY16/17 Neighborhood Stabilization Program HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 EMPG FY16 HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Support Services for Veterans Lagoon Life Education Program Farm to Fly Biofuels Study Section 112/MPO/FHWA Plan FY16/17 SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80a Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY13 Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Artificial Reef Program Riverwalk Habitat & Restoration FHFC SHIP 2014-2015 FHFC SHIP 2015-2016 Home Consortium 2014 Sports Complex Fund Port I&S Fund Impact Fees -Library County Capital EXPENSES 1,500,192.48 0.00 0.00 0.00 0.00 1,716.13 1,500.62 376.93 4,664.27 0.00 0.00 8,574.98 1, 096.28 0.00 0.00 325.80 0.00 0.00 1,928.88 899.44 44,304.08 12,515.93 3, 928.05 16,498.59 64,082.69 14,431.99 425,748.82 730.50 0.00 1,762.34 57,230.14 15,438.57 8,400.05 0.00 11,467.22 361.31 314.26 8,064,18 504.00 35.95 94.68 1, 100.00 701.49 79.98 15,219.46 985.49 4,752.06 25, 936.13 PAGE PAYROLL 548,7B6.01 69.34 579.99 634.23 1,040.77 255.60 500.00 2, 101.34 0.00 189.48 255.60 3,124.92 4,109.69 1,584.80 Z 1, 333. 60 0.00 10,478.82 1, 600.00 80,575.99 1, 381.60 46,793.64 0 14,760.24 16,577.54 58, 878.41 c� 17,029.27 0.00 J 168,081.07 1,060.03 1, 060.03 M 0.00 8, 983,11 0.00 C 2,212.54 1,428.80 c 11,715,23 3,177.61 E 2,946.46 U 4,989.78 3,275.73 1, 645.60 0.00 0.00 609.78 272.54 22,609.70 0.00 0.00 0.00 Packet Pg. 28 8.A.1 07/15/16 FZABWARR ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 09-JUL-2016 TO 15-JUL-2016 FUND SUMMARY FUND TITLE 316001 5th Cent Fuel -Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust--Adv Fund 625 Law Library 666 SLC Economic Development Trust Fund 801 Bank Fund GRAND TOTAL: EXPENSES 51,086.20 162,065.11 8,661.35 14,571.22 47,484.00 158,814.04 8,548.96 0.00 3,280.12 231,530.69 151.24 0.00 39,525.19 2,959.04 13,841.50 63,050.12 3,061,532.55 PAGE 2 0.00 83,792.25 17,978.54 9, 160.07 1,194.28 13,642,74 1,811.14 1, 607.52 33,654.87 0.00 3,258.36 3,135.85 3,831.21 0.00 0.00 0.00 1, 219, 775. 74 Packet Pg. 29 8.B.1 ITEM NO. RES-2016-109 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: John Wiatrak, Airport Manager St. Lucie County International Airport Division SUBJECT: Acceptance of Florida Participation Agreement Segmented Circle project BACKGROUND: DATE: 07/26/2016 *CONSENT AGENDA\ADMINISTRATION Department of Transportation (FDOT) Joint (JPA) to Conduct the Design and Construct This project consists of designing and constructing a new segmented circle at the Airport. The segmented circle performs two functions; it aids the pilot in locating the airport and it provides a centralized location for such indicators and signal devices as may be required on a particular airport. The segmented circle acts as a wind direction indicator, landing direction indicator, and traffic pattern indicator. This agenda item is to request acceptance of the attached Joint Participation Agreement and Resolution for this project. This JPA is for an FDOT (80%) contribution of $36,000 and a local match contribution (20%) of $9,000. Per the JPA, this project is to be completed by 6/30/2018. PREVIOUS ACTION: N/A FINANCIAL IMPACT: This project is part of the FY2017 Airport Budget Requests in account string #140-4220-563000-4804 (Infrastructure - Airport Local Match Funds). RECOMMENDATION: Staff recommends Board approval of Resolution accepting the attached FDOT JPA to conduct the Design and Construct Segmented Circle project at the St. Lucie County International Airport, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 30 8.B.1 Coordination/Signatures Heather Young, Asst. County Attorney 7/13/2016 rk S er ee, 6ep County ministrato 7/13/2016 Updated: 7/19/2016 10:42 AM by Katrina Slay Page 2 Packet Pg. 31 8.B.1.a RESOLUTION A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 4 3 1 5 1 8-1-94-01) TO CONDUCT THE DESIGN 8t CONSTRUCT SEGMENTED CIRCLE 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 to conduct the DESIGN Et CONSTRUCT SEGMENTED CIRCLE AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT (Fin. Proj. No. 431518-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation 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. 431518-1-94-01) to provide funding for the DESIGN Et CONSTRUCT SEGMENTED CIRCLE AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT. 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. 32 8.B.1.a After motion and second, the vote on the resolution was as follows: Chairman Kim Johnson, Chairman Vice -Chair Chris Dzadovsky, Vice Chairman Commissioner Paula A. Lewis Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED day of 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 Packet Pg. 33 8.B.1.b Fin. Proj. No. 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 PROJECT LOCATION: St. Lucie International Airport PROJECT DESCRIPTION: This project will consist of either relocating the existing segmented circle or constructing a secondary segmented circle due to changes in the traffic patterns for parallel runways 10L/28R and 10R/28L. The centerline -to centerline distance between the two runways is 2,550 feet. However, the distance from the existing segmented circle to the approach end of 10L is approximately 8,600 feet and the distance from the existing segmented circle to the approach end of 28R is approximately 5,000 feet. 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. 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 a deliverables. Each deliverable must specify the required level of service to be performed and w the Department's criteria for evaluating successful completion. The items must be submitted 00 and approved through the Florida Aviation Database http://www.florida-aviation- LO r database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables may be specified in subsequent agreements a and/or task work orders related to this JPA. The deliverables must be received and accepted U- 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 m development. The scope of work and deliverables are specifically addressed in chapter 3: o'o c as http://www.mvfloridacfo.com/aadir/docs/ContractandGrantManagementUserGuide.pdf E a Packet Pg. 34 8.B.1.b a) 0 r O r O N U) W a x w Co r LO r M d LL r m O r C d E t V R r a Packet Pg. 35 8.B.1.c Financial Project No. 431518-1-94-01 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. I. PROJECT COST: $45,000.00 TOTAL PROJECT COST: $45,000.00 II. PARTICIPATION: Maximum Federal Participation FAA ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 20 %) or $ 9,000.00 Other ( %) or $ Maximum Department Participation, Primary DPTO ( 80 %) or $ 36,000.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $45,000.00 00 X w 00 r LO M a u_ r m C N E L V fC a+ a+ Q Packet Pg. 36 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 Financial Project No. 431518-1-94-01 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 King 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. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms 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. 37 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 8.B.1.d OGC - 03/15 - Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports - 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) - 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 c. Local Government Requirements - Airport Zoning Ordinance - Local Comprehensive Plan d. Department Requirements - Eight Steps to Building a New Airport - Florida Airport Revenue Use Guide - Florida Aviation Project Handbook - Guidebook for Airport Master Planning - Airport Compatible Land Use Guidebook 2. Construction Certification: The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation X Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: W 00 LO a. Federal Requirements M - FAA AC 70/7460-1, Obstruction Marking and Lighting a- u_ - FAA AC 150/5300-13, Airport Design r m - FAA AC 150/5370-2, Operational Safety on Airports During Construction 00 c a� - FAA AC 150/5370-10, Standards for Specifying Construction of Airports E t c� b. Local Government Requirements Q - Local Building Codes - Local Zoning Codes c. Department Requirements Packet Pg. 38 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 8.B.1.d OGC - 03/15 - 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) - Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) - 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. 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. Packet Pg. 39 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 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 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. 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. 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 Packet Pg. 40 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 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 that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. 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 operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 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 Packet Pg. 41 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 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 is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 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. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 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. Packet Pg. 42 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 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, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. 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. 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. Packet Pg. 43 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (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 Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACI P). 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 party. (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: Packet Pg. 44 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (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 assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (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. (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. Packet Pg. 45 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 (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 as a public -use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. 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 132 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. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (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 thq same Packet Pg. 46 EXHIBIT "C" 8.B.1.d AVIATION PROGRAM ASSURANCES OGC-03/15 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. Packet Pg. 47 8.B.1.e Financial Project No. 431518-1-94-01 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 $ 36, 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. 48 EXHIBIT "D" 8.B.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. 49 8.B.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. 50 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 8 PUBLIC T .B.1.f OGC - 7/15 Pape 1 of 14 Financial Project No.: 431518-1-94-01 (item -segment -phase -sequence) Contract No.: CFDA Number: Fund: DPTO Function: 637 Federal No.: DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 751000 Org. Code: 55042010429 Vendor No.: VF596000835010 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 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 on or before 6/30/2018 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Design & Construct Segmented Circle at St Lucie County International Airport 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. 51 8.B.1.f 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 $ 45,000.00 . 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 $ 36,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; Q a (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority V- becomes available. M 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay d 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph u_ w 4.00. r m 5.00 Project Budget and Payment Provisions: c a� 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. M The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with M the latest approved budget for the project. No budget increase or decrease shall Q 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. 52 8.B.1.f 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: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.30 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or w vouchers evidencing in proper detail the nature and propriety of the charges. Q 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 00 file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, uO 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 a documents. u_ w 6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by m 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 E assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state U official. The Agency shall comply with all audit and audit reporting requirements as specified below. 2 Q Packet Pg. 53 8.B.1.f 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 after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning beforE December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements 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). 01 Q Packet Pg. 54 8.B.1.f 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 action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 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. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. g. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us 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 01 Q awards and resources received by a nonstate entity for Federal program matching requirements. Packet Pg. 55 8.B.1.f 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 of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 W Madison Street, Room 401 Tallahassee, FL 32399-1450 e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with c N Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor Ch General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying W the reporting package. Q a g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including 00 corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate - corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the M Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. a u_ w h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or r the Auditor General access to the Agency's records including financial statements, the independent auditor's working m and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be 00 papers P 1 Y 9 pp 9 c retained until the action is complete or the dispute is resolved. a) E ca Q Packet Pg. 56 8.B.1.f 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; Packet Pg. 57 8.B.1.f 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." 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein 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. 58 8.B.1.f 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: W 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national a origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the 00 award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach V_ of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. M The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any a DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take u_ w all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of r DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by m reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as °�° c a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may E 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.) Q 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. Packet Pg. 59 8.B.1.f 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 property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the 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. 60 8.B.1.f 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. 01 Q Packet Pg. 61 8.B.1.f 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 specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 6/30/2018 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 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: Of a 00 LO M d u_ w r m c a� E ca Q Packet Pg. 62 8.B.1.f 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 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 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. 63 8.B.1.f 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. 64 8.C.1 ITEM NO. RES-2016-108 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney Solid Waste Preliminary Assessment Resolution DATE: 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY Pursuant to Chapter 38, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. The Board initially levied recurring assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills on September 14, 2004. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal residential waste and recyclable materials generated on such property. The attached Resolution authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2016 at a rate of $252.06 per dwelling unit, directs the County Administrator to prepare a preliminary assessment roll for said fiscal year to be collected using the uniform method of collection on the 2016 property tax bill, and establish a public hearing to be held on September 6, 2016 at 6:00 p.m. or as soon thereafter as may be heard. PREVIOUS ACTION: January 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste Collection Services. May 12, 2009 - The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. For an initial period of 5 yea rs. February 19, 2013 - The Board extended the contract through and including September 30, 2019. FINANCIAL IMPACT: Packet Pg. 65 8.C.1 N/A RECOMMENDATION: Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the Resolution. COMMISSION ACTION: Coordination/Signatures b—aniefS. McIntyre, c my ttorney 6/15/2016 Updated: 7/13/2016 10:42 AM by Katrina Slay Page 2 Packet Pg. 66 8.C.1.a Attachment'T' ST. LUCIE COUNTY, FLORIDA PRELIMINARY ASSESSMENT RESOLUTION SOLID WASTE ADOPTED: July 19, 2016 Packet Pg. 67 8.C.1.a TABLE OF CONTENTS Page SECTION 1. AUTHORITY................................................................................................. 1 SECTION 2. PURPOSE AND DEFINITIONS....................................................................... 1 SECTION 3. LEGISLATIVE DETERMINATIONS................................................................ 11 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES .............................. 14 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS........................................................................................... 15 SECTION 6. ASSESSMENT ROLL.................................................................................... 16 SECTION 7. AUTHORIZATION OF PUBLIC HEARING ..................................................... 17 SECTION 8. NOTICE BY PUBLICATION.......................................................................... 17 SECTION 9. NOTICE BY MAIL........................................................................................ 17 SECTION 10. EFFECTIVE DATE........................................................................................ 18 APPENDIX A. DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA............................................................. APPENDIX B. FORM OF NOTICE TO BE PUBLISHED ..................................... APPENDIX C. FORM OF NOTICE TO BE MAILED ........................................... .......................... A-1 .......................... B-1 .......................... C-1 Packet Pg. 68 8.C.1.a RESOLUTION 16-XXX A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Preliminary Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Preliminary Assessment Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by a Final Assessment Resolution. "Biomedical Waste" means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body 1 Packet Pg. 69 8.C.1.a parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property "Construction and Demolition Debris" means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land -development operations for a construction project including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: 1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; 2 Packet Pg. 70 8.C.1.a 2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; 3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and 4. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. "County" or any like term, means a political subdivision of the state established pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19), Florida Statutes, applies, means a special district or other entity. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described on Appendix A. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary ic3 Packet Pg. 71 8.C.1.a Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Preliminary Assessment Resolution" means the annual resolution adopted in any year in which Solid Waste Service Assessments are imposed which shall be the initial proceeding for the identification of the Solid Waste Cost for which an assessment is to be made and for the imposition of a Solid Waste Service Assessment. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles "Multiple Single -Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or separate walls 4 Packet Pg. 72 8.C.1.a abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single -Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE-211, "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single -Family Residence" shall mean a Building that contains a single Dwelling Unit "Sludge" includes, the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or 5 Packet Pg. 73 8.C.1.a programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Solid Waste Cost" means the amount necessary to fund the County's collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser; (1) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Tax Collector" means the St. Lucie County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. [7 Packet Pg. 74 8.C.1.a "White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from yard landscaping maintenance and land clearing operations and includes associated rocks and soils. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Solid Waste Costs provide a special benefit to the Assessed Property based upon the following legislative determinations: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) This Resolution authorizes the imposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area. (D) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (E) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. rl Packet Pg. 75 8.C.1.a (F) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (G) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (H) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. (1) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs. 0) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (K) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (L) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed as ministerial. (M) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, 8 Packet Pg. 76 8.C.1.a and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (N) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefitted by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Preliminary Assessment Resolution. SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (B) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels for the Fiscal Year commencing October 1, 2016, is approximately $4,874,840.40. The approval of this Preliminary Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (B) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units 9 Packet Pg. 77 8.C.1.a for such parcels. A rate of assessment equal to $252.06 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for the Fiscal Year commencing on October 1, 2016. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed against such Residential Property. (C) The rate of the Solid Waste Service Assessments established in this Preliminary Assessment Resolution shall be the rates applied by the County Administrator in the preparation of the Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2016, as provided in Section 6 of this Preliminary Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, a Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2016. Such Preliminary Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Preliminary Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The Preliminary Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Preliminary Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. [►�� L��e�i� : L�] 7 F�e� L�] T [�] � lil � � LEI :1 �e� 3 T� L� There is hereby established a public hearing to be held at 6:00 p.m. on September 6, 2016, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration 10 Packet Pg. 78 8.C.1.a Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published not later than August 3, 2016 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first class mail to the Owner of each parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notices shall be mailed not later than August 3, 2016. For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2016-2017 shall be deemed the maximum rate authorized by law. SECTION 10. EFFECTIVE DATE. This Preliminary Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 19th day of July 2016. (SEAL) ATTEST: By: Deputy Clerk 11 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED FOR FORM AND CORRECTNESS: By: County Attorney Packet Pg. 79 8.C.1.a APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. 12 Packet Pg. 80 8.C.1.a APPENDIX B FORM OF NOTICE TO BE PUBLISHED To be published on or before August 3, 2016 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida (the "board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 6, 2016, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2016, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. 13 Packet Pg. 81 8.C.1.a If you have any questions, please contact the County at (772) 462-1631, Monday through Friday between 8:00 a.m. and 5:00 p.m. Howard N. Tipton County Administrator 14 Packet Pg. 82 8.C.1.a APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED 15 Packet Pg. 83 8.C.1.a APPENDIX C-1 ******NOTICE TO PROPERTY OWNER****** ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS St. Lucie County 2300 Virginia Avenue NOTICE DATE: August 3, 2016 Owner Tax Parcel # Address Legal Description: City, State, Zip As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (garbage and yard waste collection) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $4,874,840.40. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the non -ad valorem special assessments being imposed on the above parcel for the fiscal year beginning October 1, 2016. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is 1 dwelling units. The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2016-2017 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 6, 2016 or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this 16 Packet Pg. 84 8.C.1.a one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the George Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** 0M Packet Pg. 85 8.C.1.a APPENDIX C-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 3, 2016 NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE FOR FISCAL YEAR 2015-2016 (OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016). As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (garbage, recycling and yard waste collection and disposal service) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area for "uncollected" solid waste service assessment fees is estimated to be $4,874,840.40. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the solid waste service assessments that were erroneously not collected for the above parcel for the fiscal year beginning October 1, 2015. This amount is in addition to the solid waste non -ad valorem assessment for the fiscal year beginning October 1, 2016. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is 1 dwelling units. The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2016-17 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 6, 2016, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County 18 Packet Pg. 86 8.C.1.a Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the George Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** 19 Packet Pg. 87 8.C.2 ITEM NO. (ID # 3651) 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: 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY Canvassing Board - Appointment for August 2016 Primary Pursuant to Section 102.141, Florida Statutes, the Canvassing Board is composed of the Supervisor of Elections, a County Court Judge, and the Chairman of the Board of County Commissioners. In the event one of the members is a candidate with opposition in the election being canvassed or is an active participant in the campaign of a candidate with opposition in the subject election, a substitute member must be appointed for the election. If the disqualified member is the Supervisor of Elections, the Chairman of the Board of County Commissioners must appoint a substitute member from the Board of County Commissioners who does not have opposition in the subject election and is not an active participant in the campaign of one of the candidates appearing on the ballot. The Supervisor of Elections is required, however, to act in an advisory role to the Canvassing Board for the election. As the Supervisor of Elections has opposition in the August 30, 2016 Primary Election, the Chairman is required to appoint a substitute member for her seat on the Canvassing Board. Commissioner Hutchinson and Commissioner Mowery have previously been appointed to serve as the Chairman's substitute and alternate members, respectively, for the Primary Election. Commissioner Dzadovsky is ineligible for the appointment as he has opposition in the Primary Election. The Chairman has expressed a desire to appoint Commissioner Lewis to serve as the Supervisor of Elections' substitute member for the Primary Election. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board ratify the Chairman's appointment of Commissioner Lewis as the substitute member for the Supervisor of Elections on the Canvassing Board for the August 30, 2016 Primary Election. Packet Pg. 88 8.C.2 COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Co my ttorney 7/7/2016 r %! Updated: 7/13/2016 10:48 AM by Katrina Slay Page 2 Packet Pg. 89 8.C.3 ITEM NO. (ID # 3634) 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: 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Human Trafficking Awareness Ordinance Section 787.29, Florida Statutes, requires the Florida Department of Transportation (FDOT) to post public awareness signs regarding human trafficking in every rest stop area, Turnpike service plaza, weigh station, primary airport, passenger rail station, and welcome center of the State which is open to the public. General acute care hospitals must also post such signs in their emergency rooms. In addition, the signs must also be posted in businesses which offer massage or bodywork services (excluding those owned by health care professionals). Subsection 787.29(5) further authorizes counties to adopt ordinances enforcing the posting requires for these businesses and providing for a civil fine for violations of the ordinance. The Treasure Coast Human Trafficking Coalition has requested the Board consider adoption of an ordinance implementing this provision of the statute. A copy of the proposed ordinance is attached to this agenda item. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff requests permission to advertise the proposed ordinance for public hearing on August 16, 2016 at 9:00 a.m. or as soon thereafter as may be heard. C��PI►�1���[�I►I_T�iL�]TF Packet Pg. 90 8.C.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/7/2016 Updated: 7/13/2016 10:45 AM by Katrina Slay Page 2 Packet Pg. 91 8.C.3.a ORDINANCE NO. 2016- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE VI (HUMAN TRAFFICKING) OF CHAPTER 12 (BUSINESSES); CREATING SECTION 12-139 (TITLE); CREATING SECTION 12-140 (AUTHORITY); CREATING SECTION 12-141 (DEFINITIONS); CREATING SECTION 12-142 (PUBLIC AWARENESS SIGNS); CREATING SECTION 12-143 (ENFORCEMENT); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Human trafficking is a form of modern-day slavery, which involves the exploitation of persons for commercial sex or forced labor and often subjects victims to force, fraud and coercion. 2. While many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude and restaurant, janitorial, sweatshop factory and agricultural work. 3. Traffickers use various techniques to instill fear in victims to keep them enslaved such as isolation, threats of imprisonment and deportation, confiscation of passports, visas or other identification documents and threats of violence toward victims or their families. 4. Section 125.66, Florida Statutes, authorizes counties to enforce posting of human trafficking public awareness signs in certain establishments. 5. It is in the best interests of the public health, safety and welfare of the citizens of Saint Lucie County to inform the public as to the existence of human trafficking and the reporting thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SAINT LUCIE COUNTY, FLORIDA, that: Part A. Section VII, Human Trafficking, of Chapter 1-12, "Businesses", of the Code of Ordinances of St. Lucie County, Florida, is hereby created as follows: 1 Underlined passages are added. Strur'- thrA_-L+g4 passages are deleted. Packet Pg. 92 8.C.3.a Section 12-139. Title. This Ordinance shall be known and may be cited as the "Human Trafficking Ordinance." Section 12-140. Authority. This ordinance is enacted pursuant to Section 125.66, Florida Statutes, in the interest of the health. safetv. and welfare of the residents of St. Lucie Countv. Florida. Section 12-141. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: Adult entertainment establishment means adult bookstores and theaters, special cabarets and unlicensed massage establishments regulated pursuant to Chapter 847, Florida Statutes and defined in Section 847.001, Florida Statutes, as may be amended, and strip clubs. Bodywork services means services involving therapeutic touching or manipulation of the body using specialized techniques. Business or establishment means any place of business or any club, organization, person, firm, corporation or partnership, wherein massage or bodywork services are provided and such establishment is not owned by a health care profession regulated pursuant to Chapter 456, Florida Statutes, and defined in Section 456.001, Florida Statutes, as may be amended. Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person regulated pursuant to Chapter 787, Florida Statutes, and defined in Section 787.06, Florida Statutes, as may be amended. Massage services means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation. or thermal theraav: anv electrical or mechanical device: or the aDDlication to the human body of a chemical or herbal preparation. Section 12-141. General Requirements. (a) The employer at each of the following establishments shall display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment: (1) A strip club or other adult entertainment establishment. (2) A business or establishment that offers massage or bodywork services for compensation that is not owned by a health care profession regulated pursuant to Chapter 456, Florida Statutes, and defined in Section 456.001, Florida Statutes. (b) The required public awareness sign must be at least 8.5 inches by 11 inches in size, must be printed in at least a 16-point type, and must state substantially the following in English and Spanish: 2 Underlined passages are added. Struck +"re, ^" passages are deleted. Packet Pg. 93 8.C.3.a "If you or someone you know is being forced to engage in an activity and cannot leave -whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity -call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law." Posted Pursuant to Section 787.29, Florida Statutes and St. Lucie County Code Section 12-141. Section 12-141. Enforcement. It is unlawful to violate any provisions of this ordinance and any violation hereof shall be deemed a noncriminal violation, punishable by a fine only as provided in Section 775.083, Florida PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. r a 3 Underlined passages are added. Struck +"re, ^" passages are deleted. Packet Pg. 94 8.C.3.a PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman XX Chris Dzadovsky, Vice Chairman XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 4 Underlined passages are added. Struck thrA--L+g4 passages are deleted. Packet Pg. 95 8.C.4 ITEM NO. (ID # 3643) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Mark Godwin, Criminal Justice Coordinator Criminal Justice Division Byrne Memorial Justice Assistance Grant FY 2016 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY The Florida Department of Law Enforcement anticipates an award from the U.S. Department of Justice for Federal Fiscal Year 16/17 in the amount of $105,163. This is an increase of $11,074 from last year. These funds have been used in the past years by the Fort Pierce Police Department, Port St. Lucie Police Department and the St. Lucie County Sheriff's Office. PREVIOUS ACTION: In past years, the Byrne Grant supported a Crime Analyst for tracking Law Enforcement Technology, a Pharmaceutical Diversion Program and a Gang Abatement Program. FINANCIAL IMPACT: This is a Federal/State grant in the amount of $105,163 for all units of law enforcement/government within St. Lucie County(SLC). This grant does not require a match in cash or services. Upon receipt of the award, SLC will serve as the fiscal agent for the SLC Sheriff's portion of the grant. A budget will be established upon receipt of the award. RECOMMENDATION: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program. COMMISSION ACTION: Packet Pg. 96 8.C.4 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/7/2016 Updated: 7/15/2016 12:00 PM by Katrina Slay Page 2 Packet Pg. 97 8.C.4.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Kim ,JOHNSON CHAIRMAN DISTRICT 5 CHRIS DZADOVSKY VICE-CHAIRMAN DISTRICT 1 TOD MOWERY DISTRICT 2 PAULA A. LEWIS DISTRICT 3 FRANNIE HUTCHINSON DISTRICT 4 HOWARD TIPTON COUNTY ADMINISTRATOR DAN MCINTYRE COUNTY ATTORNEY MAILING ADDRESS 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 PHONE (772) 462-1408 TDD (772) 462-1 428 FAX (772) 462-21 31 E-MAIL ALFREDAS@STLUCIECO.ORG WEBSITE WWW.STLUCIECO.ORG Chairman July 26, 2016 Ms. Petrina T. Herring Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: In compliance with the State of Florida Rule 11 D-9, F.A.C., the St. Lucie County Board of Commissioners approve the distribution of $105,163 of the FFY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program funds for the following projects within St. Lucie County: Subgrantee Dollar Amount (Ci1y or Count Title of Project Federal Funds St. Lucie County Law Enforcement Technology $35,054 City of Fort Pierce Gang Abatement and Reduction $35,055 City of Port St. Lucie Improving Local Law Enforcement Technology $35,054 Sincerely, Kim Johnson, Chairman St. Lucie County Board of County Commissioners Packet Pg. 98 8.C.4.b Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program Date. July 26, 2016 Ms. Petrina T. Herring Bureau Chief Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: This is to Inform you that the Board of County Commissioners Accepts x Declines the invitation to serve• as the coordinating unit of government in the Florida Department of Law Enforcements Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Mark J. Godwin Title: Criminal Justice Coordinator E-mail: godwinm@stlucieco.orr Agency: St. Lucie County BOCC Address; 2300 Virginia Ave. City: Fort. Pierce Telephone: 7 7 2- 4 6 2 -.1 41 8 Sincerely, Chair, Board of County Commissioners Zip: 34982 County: St. Lucie Rule Reference f 1D-9.006 OCJG-024 (Rev. June 2012) Packet Pg. 99 8.C.4.c FILE Florida Department of Law Enforcement Richard L. Swearingen Commissioner June 22, 2016 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us Honorable Kim Johnson Chairperson St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture Re: Federal Fiscal Year (IFFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Chairperson Johnson. - The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for IFFY 2016 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE has set aside $105,163 funds for use by all units of government within St. Lucie County. Enclosed are the following documents to assist your county with the strategic planning and allocation process. JAG -Countywide Program Announcement & Application Instructions JAG -Countywide Project Timeline JAG -Countywide Application Checklist Certificate of Participation The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note the Program Announcement includes information from the U.S. Department of Justice relating to several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. As a condition of participation in this program, the units of government in each county must reach consensus concerning expenditure of these funds. This consensus must be documented in writing and include the projects to be implemented, the amounts allocated to each project and the agency responsible for such implementation. This process will require an individual to be designated to exercise leadership and assume a coordinating role in the development of applications for these funds. This coordinator will also serve as liaison between the Departments grants office and subrecipient(s) to ensure all reports, documentation, and timelines are adhered to in accordance with the agreement(s). FDLE recommends county declines to municipality in the government. the Board of County Commissioners assume this responsibility. In the event the serve in this capacity, the Department will request the governing body of each county, in descending order of population, to serve as the coordinating unit of Service • Integrity • Respect • Quality Packet Pg. 100 8.C.4.c Honorable Kim Johnson June 22, 2016 Page Two The enclosed Certificate of Participation form requests the identification of the County Coordinator. Please complete this form and return it to the address below by July 11, 2016. Once confirmed, the Department will forward additional information regarding the application process and FDLE's online grant management system to the coordinator. Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 We look forward to working with you. Please contact me or JAG supervisor Randall Smyth at (850) 617- 1250 with any questions or for further assistance regarding this program. Sincerely, Petrina Tuttle Herring Bureau Chief PTH/ps Enclosures cc: Mayors in St. Lucie County Law Enforcement Agencies in St. Lucie County Current JAG Project Directors in St. Lucie County Packet Pg. 101 8.C.4.c Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 ( 850) 617-1250 criminaljustice(cbfdle.state.fl.us Federal Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program JAG -Countywide Program Announcement Application Instructions Important Pre- and Post -award Dates Application Checklist JAG Funding Assistance — Florida Page 1 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 102 8.C.4.c TABLE OF CONTENTS JAG-C Program Announcement.......................................................................3 Introduction Eligible Applicants Program Strategy, Purposes and Coordination Efforts Purpose Areas DOJ / Bureau of Justice Assistance Priorities Length of Award Distribution of Funds Application Access and Deadline Registration Requirements JAG Requirements Prohibited Uses & Controlled Expenditures Costs Requiring Pre -Approval Civil Rights Requirements State and Federal Transparency Creating the Application................................................................................13 Usernames Organizations Creating the Application Project Overview General Project Information Problem Identification Project Summary Technology Related Projects Administration Officials/Contacts Financial General Financial Information Project Budget, Budget Status Project Budget, Budget Narrative Salaries and Benefits Contractual Services Expenses Operating Capital Outlay (OCO) Equipment Indirect Costs Performance Federal and State Purpose Areas Objectives and Measures Standard Conditions Certifications Submitting the Application Contact Information Project Timeline (Important Pre -and Post -award Dates).........................................24 Application Checklist.....................................................................................25 JAG Funding Assistance — Florida Page 2 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 103 8.C.4.c JAG-C Proaram Announcement The State of Florida, Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice (USDOJ) for $11,351,298 for the Edward Byrne Memorial Justice Assistance Grant (JAG). FDLE will distribute JAG -Countywide (JAG-C) local share funds in accordance with the JAG-C distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Please note this Program Announcement includes information from the USDOJ relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. Units of local government are eligible to receive subawards from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. The Office of Criminal Justice Grants (OCJG) administers the JAG Program for the State of Florida. The JAG Program replaced the Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that simplifies the administration process for grantees and allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The procedure for allocating JAG funds is a formula based on population and crime statistics in combination with a minimum allocation. Traditionally, under the Byrne Formula and LLEBG Programs, funds were distributed 60/40 between state and local recipients. This distribution continues under JAG. FDLE has designated the 60% funding awarded to the State of Florida as JAG Countywide, which has a variable pass through requirement to locals. The 40% funding designated for units of local government receiving awards of $10,000 or less, passed through the State of Florida, is referred to as the Florida JAG Direct. It is possible for a unit of government to receive funding under both JAG Countywide and Florida JAG Direct. This program announcement is for the JAG Countywide funds. The Florida JAG Direct funds will be announced once JAG Countywide is complete. Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Chapter 11 D-9, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman of the Board of County Commissioners in each county is notified and is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 10 business days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represent at least 51 percent of the population located in said county. This process to determine use of federal funds should incorporate strategic planning, and each recipient is encouraged to appoint a Substance Abuse and Violent Crime Policy Advisory Board. The membership of this advisory board shall include, at a minimum, the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment programs. An existing Board or Council whose membership includes the listed representatives may be utilized in lieu of appointing a new Board or Council. JAG Funding Assistance — Florida Page 3 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 104 8.C.4.c JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: 1. Law enforcement programs; 2. Prosecution and court programs; . 3. Prevention and education programs; 4. Corrections and community corrections programs; 5. Drug treatment and enforcement programs; 6. Planning, evaluation, and technology improvement programs; and 7. Crime victim and witness programs. Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. However, please limit each application for funding to one program type, for example, equipment purchase, task force, crime prevention, school resource officer, prevention education, drug treatment, domestic violence. Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to: 1. Improving the quantity and quality of evidence OJP generates 2. Integrating evidence into program, practice, and policy decisions within OJP and the field 3. Improving the translation of evidence into practice OJP considers programs and practices to be evidence -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence -based. OJP's CrimeSolutions.gov web site is one resource that applicants may use to find information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. A useful matrix of evidence -based policing programs and strategies is available through the Center for Evidence -Based Crime Policy at George Mason University. In the reentry field, a summary of research -based reentry strategies is available on the National Reentry Resource Center's What Works in Reentry Clearinghouse link. BJA offers a number of program models designed to effectively implement evidence -based strategies including Smart Policing, Smart Supervision, Smart Pretrial, Smart Defense, and Smart Prosecution. BJA encourages states to use JAG funds to support these "smart on crime" strategies, including effective partnerships with universities and research partners and with non- traditional criminal justice partners. JAG Priority Areas BJA wishes to ensure that recipients are aware of several areas of national focus and priority and to encourage recipients to maximize the effective use of JAG funds. The following is a list of key priorities: Reducing Gun Violence Gun violence has touched every state, county, city, town, and tribal government in America. In an effort to address this continuing need, BJA continues to encourage states and localities to invest valuable JAG funds in programs to: combat gun violence, enforce existing firearms laws, improve the process used to ensure that those prohibited from purchasing or owning guns are prevented from doing so, enhance reporting to the FBI's National Instant Criminal Background JAG Funding Assistance — Florida Page 4 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 105 8.C.4.c Check System (NICS) and provide active shooter response training to law enforcement officers and first responders Recidivism Reduction, Pretrial Reform and Justice System Realignment In this time of fiscal austerity, reducing unnecessary incarceration in a manner that promotes 'public safety is a paramount goal. Effective community supervision of non-violent offenders coupled with evidence -based program interventions can result in significant reductions in recidivism. A priority funding area is the implementation of effective pretrial services programs. The use of validated risk. assessment tools to inform pre- trial release decisions is critical. For a variety of resources, or to request BJA supported technical assistance from the Pretrial Justice Institute, see www.pretriaLorg. Another priority for JAG funding is to support innovative programs and approaches in probation and parole supervision that improve services to offenders and increase collaborative efforts among community supervision agencies with law enforcement and the courts. Another promising approach to justice systems reform is the Justice Reinvestment Initiative (JRI), a public -private partnership between BJA and the PEW Public Safety Performance Project. Currently, 27 states in addition to many local governments, are working to control spiraling incarceration costs through JRI and reinvestment savings in evidence -based criminal justice programs and strategies. Strategic investment of JAG funds to implement JRI legislation and policy changes in those states and localities can augment federal funds and achieve greater cost savings and reinvestments in programs to promote public safety. (See the Urban Institute's Justice Reinvestment Initiative State Assessment Report.) Indigent Defense Another key priority area is support for indigent defense. BJA continues to encourage states and SAAs to use JAG funds to support the vital needs of the indigent defense community. Attorney General Holder has consistently stressed that the crisis in indigent defense reform is a serious concern which must be addressed if true justice is to be achieved in our nation. In 2002, the American Bar Association (ABA) published Ten Principles of a Public Defense Delivery System which represent fundamental building blocks for implementing quality legal representation for indigent defendants. (See ABA's Ten Principles of a Public Defense Delivery System.) Improving Mental Health Services Disproportionate numbers of people with mental illness are involved in the criminal justice system often as a result of untreated or undertreated mental illness. This is an issue that impacts numerous facets of the criminal justice system. BJA encourages states to utilize JAG funding in support of programs and policy changes aimed at the following: identifying and treating people with severe mental illness before they reach crisis point; training law enforcement and correctional officers on mental health and mental health related crisis -intervention; increasing justice system diversion strategies to divert offenders with mental illness from unnecessary arrest and incarceration to more appropriate and cost-effective community -based treatment and supervision; mental health courts, allowing inmates to continue psychotropic medication in jails; and improving oversight of mental health care in jails, increasing post -jail housing options and enhancing community mental health services. Len th `ofAward RMEN L, JAG -Countywide awards are typically for a period not to exceed twelve months beginning on October 1 and ending on September 30. Grant funds are distributed on a cost reimbursement basis for satisfactory performance of eligible activities. Requests for reimbursement can be submitted on a monthly or quarterly basis and should include total expenditures for the period reflected. Reimbursements will be processed in conjunction with receipt of programmatic performance reports to determine successful completion of minimum performance deliverables as specified in the agreement. Applications must be submitted via the FDLE Subgrant Information Management Online grant management system (SIMON) by August 26, 2016. In addition, please mail two hard copies of the application with original signature pages to FDLE by August 31, 2016. JAG Funding Assistance — Florida Page 5 of 26 FY16 Program Information (Rev. 0612016) Packet Pg. 106 8.C.4.c To apply for JAG funds in SIMON, an organization and its users must be registered in SIMON, have a Data Universal Numbering System (DUNS) number as required by OJP, and be registered with the U.S. Federal Government's System for Award Management (SAM.gov). Compliance with applicable federal laws Applicants for JAG subawards are required to certify compliance with all applicable federal laws at the time of application. In that regard, Members of Congress have asked the Department of Justice to examine whether jurisdictions with "sanctuary policies," (meaning those that either prevent law enforcement from releasing persons without lawful immigration status into federal custody for deportation, or that prevent state or local law enforcement from sharing certain information with the Department of Homeland Security (DHS) officials), are in violation of 8 U.S.C. section 1373. All applicants should understand that if DOJ Office of Justice Programs receives information that indicates an applicant may be in violation of any applicable federal law, that applicant may be referred to the DOJ Office of Inspector General (OIG) for investigation; if the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of funds or suspension and debarment. Costs Associated with Language Assistance Costs of taking reasonable steps to provide meaningful access to grant funded services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. Please refer to DOJ's Civil Rights Compliance section or FDLE's JAG Standard Conditions for additional information. Body Armor Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, bulletproof vests purchased must be American -made. The latest NIJ standard information can be found at http://www.nia.gov/topics/technology/body- armor/Pages/welcome.aspx. To use JAG funds for bulletproof vests, the agency must certify that a written "mandatory wear" policy is in effect. FAQs for the mandatory wear policy and certifications can be found at https://www.bja.gov/Funding/JAGFAQ.pdf. This policy must be in place for all uniformed officers before any JAG funding can be used for vests. A sample policy is available from OCJG. JAG funds may not be used to meet the 50% match requirement for the Bulletproof Vest Program Body -Worn Camera (BWC) purchases JAG funds may be used for body worn camera programs to purchase equipment or to implement or enhance BWC programs. Subrecipients wishing to use JAG funds for BWC programs must certify the law enforcement agency receiving the funds have policies and procedures in place relating to equipment use, data storage, privacy, victims, access, disclosure and training. Any subrecipient wishing to use JAG funds for BWC related expenses that do not have BWC policies and procedures in place will have funds withheld until a certification is submitted and approved by OCJG and DOJ Bureau of Justice Assistance. Information regarding BWC policies, resources, and best practices can be found at https://www.boa.gov/bw JAG funds may be used to meet the 50% match requirement for the State of Florida 2016-17 Body Worn Cameras Grant Program. Law Enforcement Agency Training Information Any law enforcement agency receiving a subaward for JAG funding must submit performance accountability metrics data SIMON related to training on use of force, racial and ethnic bias, de-escalation of conflict and constructive JAG Funding Assistance — Florida Page 6 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 107 8.C.4.c engagement with the public that officers have received. These metrics will be collected by FDLE's grants office and reported to BJA's Performance Management Tool (PMT). Information regarding these accountability measures may be found at http://www.bjaperformancetools.org/help/iagdoes.html. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG funds will be used for DNA testing of evidentiary materials, any resulting eligible profiles must be uploaded to the Combined DNA Index System (CODIS) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non -governmental DNA database without prior written approval from FDLE's grants office and BJA. Interoperable Communications Subrecipients utilizing FY16 JAG funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice-over-internet-protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order) should review the FY 2016 SAFECOM Guidance. Additionally, all communications equipment purchased with grant award funding should be identified during performance metrics reporting. To promote information sharing and enable interoperability among disparate systems across the justice and public safety community, Subrecipients are required to comply with DOJ's Global Justice Information Sharing Initiative guidelines and recommendations for this grant. Subgrantees shall document planned approaches to information sharing and describe compliance to the Global Standards Package (GSP) and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. JAG funds may not be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. JAG funds may not be used to supplant state or local funds; this includes overtime pay, uniforms, clothing allowances, etc. for a given activity. Controlled Expenditures Items listed below are strictly prohibited and cannot be approved for JAG programs under any circumstances as per Executive Order 13688 on Federal Support for Local Law Equipment Acquisition: 1. Tracked armored vehicles 2. Weaponized aircraft, vessels and vehicles of any kind 3. Firearms and/or ammunition with a caliber of .50 or higher 4. Grenade launchers 5. Bayonets 6. Camouflage Uniforms (digital pattern) - woodland and desert patterns are allowable based on operational needs. Camouflage may not be worn in urban or populous areas. Under extraordinary and exigent circumstances, the USDOJ, Bureau of Justice Assistance (BJA) may allow the following items to be procured with JAG funds so long as prior approval is obtained from BJA: 1. Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicle (UAV)- to utilize JAG funds for UAS, UA, and/or UAV purchases award recipients must adhere to the UAS Guidance found here: https://www.bja.gov/Publications/BJA-UAS-Guidance.pdf 2. Armored Vehicles (wheeled) 3. Command and/or Control Vehicles (bus, recreational vehicle, etc.)" 4. 'Boats JAG Funding Assistance — Florida Page 7 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 108 8.C.4.c 5. *Tactical and/or passenger SUVs, vans, trucks, and sedans (excluding SUVs and sedans that are used for police patrol) 6. Manned aircraft, fixed and/or rotary wing 7. Specialized firearms and ammunition under .50 caliber (excludes firearms/ammunition for routine duties) 8. Breaching Apparatus (battering ram or similar entry device) 9. Riot helmets, shields and/or batons (excluding service -issued telescopic or fixed length straight batons) 10. Explosives and pyrotechnics 11. Luxury items and real estate 12. Construction Projects (other than penal/correctional institutions) 13. *Segway, ATV, and golf cart (non -police patrol) * Controlled Expenditure request is required if the vehicle is not being used in the ordinary course by police forces in the United States for patrol activities. Additionally, Segway's, ATVs and golf carts never require a controlled expenditure request in states which do not require licensing and registration for those vehicle types. If an agency wishes to use JAG funds for a controlled item and/or project at the time of application, the agency must submit a letter with their application. The letter must be on their agency's letterhead, from the chief official, should be addressed to the FDLE OCJG Bureau Chief and address or include an enclosure with all elements outlined in the JAG controlled expenditures justification template. For a list of controlled expenditures and the 11 elements that must be addressed in the letter, please click here: https://www.bja.gov/Funding/JAGControlledPurchaseList.pdf. Vehicles The purchase of vehicles (other than police cruisers as defined above) requires pre -approval from BJA. This requirement pertains to trucks and all other non-SUV specialty vehicles. Before allowing a vehicle purchase, BJA must determine that "extraordinary and exigent circumstances exist that make the use of funds to purchase the vehicle essential to the maintenance of public safety and good order." (JAG FAQ: https://www.b*a.gov/Funding/JAGFAQ.pdo. A separate letter must be submitted with the application describing the type of vehicle requested, the need for this type of vehicle, the purchase amount, and how it will be used for project activities. The letter should also explain why the agency is unable to purchase the vehicle with other funds and identify potential consequences if the request is not approved. Note: Segway's, golf carts, ATVs, bicycles, etc. do not require pre -approval from BJA as long as the mode of transportation does not require state licensing or registration. Methamphetamine Mitigation Plans Any program that funds any portion of methamphetamine laboratory operations or clean-up must complete a Meth Mitigation Plan that includes the nine protective measures or components required by BJA. If an agency's application requests costs related to meth lab operations, review the Standard Condition, "Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories" and the BJA website related to NEPA compliance (including in relation to meth labs) (www.b*a.gov/Funding/nepa.html); then please contact FDLE's Office of Criminal Justice Grants for further assistance. Publications and Other Media All media created or published using federal grant funds must be reviewed and approved by FDLE and/or BJA prior to release or distribution. This includes any curricula, training materials, brochures, or other written materials that will be published, including web -based materials and web site content, as well as all audio or video materials, including Public Service Announcements. Grant recipients must submit a draft of each proposed item to OCJG no later than thirty (30) days prior to the targeted dissemination date. For items containing videos, a transcript may be provided with screenshots or a description of the visual portion. All materials publicizing or resulting from award activities shall contain the following statements: JAG Funding Assistance — Florida Page 8 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 109 8.C.4.c "This project was supported by Award No. awarded by the Bureau of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice." This requirement does not apply to the purchase or reproduction of existing materials or items created by other agencies or vendors, for example, crime prevention brochures. This requirement also does not apply to items that serve only to advertise an event or the availability of services. If in doubt as to whether this requirement applies to your project, please contact FDLE's grant's office. NEPA Any improvement, building or construction project will require pre -approval to ensure compliance with the National Environmental Policy Act (NEPA). This may include relatively minor activities such as installing fence posts, security or surveillance cameras, or anchoring any item to the ground. If the grant will fund any activities that may fall under this requirement, review the Standard Condition related to NEPA and the section of the BJA web site related to NEPA compliance (www.boa.gov/Funding/nel)a.htmi); then contact FDLE's grant's office for assistance. Sole Source If any proposed costs will be sole source to a single vendor, a sole source justification must be maintained on file. For sole source procurement over the federal acquisition threshold of $150,000, pre -approval must be obtained by both FDLE and DOJ. Recipients should submit the Sole Source Justification Form with the application or as soon as the procurement method is known. Automated Data Processing (ADP) Equipment Agencies requesting to purchase ADP equipment that exceed $150,000, you must complete an ADP Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval Form and enclose this form with the project application. See the section on Automated Data Processing (ADP) Equipment in the Certifications section of Creating an Application below. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. §12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non - Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). 2. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. 3. Subrecipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass -through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subrecipients, with FDLE, or with the Office for Civil Rights and how to do so. 4. Equal Employment Opportunity Plans a. A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at www.o*p.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the subrecipients or implementing agency, and must be available for review or audit. b. If the subrecipients or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit the EEO plan to the JAG Funding Assistance —Florida Page 9 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 110 8.C.4.c Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. c. To prepare an EEOP, please visit the OCR website at www.ojp.usdob.gov/about/ocrleeol).htm. The website contains an automated on-line EEOP Short Form for preparing a plan that provides screen -by -screen prompts to complete the plan. All new EEOP,s must be completed using the on-line short form. Recipient of JAG Countywide funds from FDLE are considered a "subrecipient." For subrecipients, the Short Form will ask for two grant numbers. The grant number at the top of the screen is the application number from SIMON. For grants that have already been awarded, use the subaward number (for example, 2999-JAGC-CNTY-99-Q9-999). For current applications and any others that have not yet been awarded, use the application reference number (for example, 2999-JAGC-999). The grant number on the bottom half of the screen is FDLE's federal grant number from USDOJ. Please contact OCJG for this number. d. A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees, if it does not receive any single award of $25,000 or more from the Department of Justice, or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. e. All subrecipients and implementing agencies must also submit an EEO Certification to FDLE. f. The subrecipients and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. g. In the event a Federal or State court, or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. h. In accordance with federal civil rights laws, the subrecipients shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. L Subrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subaward recipient. j. If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida 32302-1489 or emailed to fdlecomments(a-)fdle.state.fl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531, by phone at (202)307-0690. k. The subrecipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subrecipient. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission based on the nature of the complaint. m. Americans with Disabilities Act Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). n. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the JAG Funding Assistance — Florida Page 10 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 111 8.C.4.c civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. o. Equal Treatment for Faith Based Organizations The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.gov/abouVocr/equal fbo.htm. Grant recipients must be able to document compliance with each of these requirements at the time of monitoring. Please contact OCJG with questions about how these requirements relate to a grant project or about the specific documentation that will be required. Subaward agreements and information supplied to the Office of Criminal Justice Grants for grant management and payment purposes will be used to report to the following mandatory state and federal transparency systems. Federal Funding Accountability and Transparency Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Florida Accountability and Contract Tracking System (FACTS) The Florida Legislature amended Section 215.985, F.S., making the Department of Financial Services (DFS) responsible for the development and maintenance of a contract reporting system, the Florida Accountability Contract Tracking System (FACTS). State law requires all agreements (contracts, purchase orders and grants for state or federal financial assistance) to be placed in this transparency system. FDLE will provide all subaward agreements from SIMON to the FACTS system, including original contract and amendment document images. The following excerpt from F.S. 215.985 provides information for the specific information required to be provided to FACTS. The Chief Financial Officer shall establish and maintain a secure contract tracking system available for viewing and downloading by the public through a secure website. The Chief Financial Officer shall use appropriate Internet security measures to ensure that no person has the ability to alter or modify records available on the website. Within 30 calendar days after executing a contract, each state entity shall post the following information relating to the contract on the contract tracking system: a. The names of the contracting entities. b. The procurement method. c. The contract beginning and ending dates. d. The nature or type of the commodities or services purchased. e. Applicable contract unit prices and deliverables. f. Total compensation to be paid or received under the contract. JAG Funding Assistance — Florida Page 11 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 112 8.C.4.c g. All payments made to the contractor to date. h. Applicable contract performance measures. i. If a competitive solicitation was not used to procure the goods or services, the justification of such action, including citation to a statutory exemption or exception from competitive solicitation, if any. J. Electronic copies of the contract and procurement documents that have been redacted to exclude confidential or exempt information. 2. Within 30 calendar days after an amendment to an existing contract, the state entity that is a party to the contract must update the information described in paragraph (a) in the contract tracking system. An amendment to a contract includes, but is not limited to, a renewal, termination, or extension of the contract or a modification of the terms of the contract. 3. By January 1, 2014, each state entity shall post to the contract tracking system the information required in paragraph (a) for each existing contract that was executed before July 1, 2013, with payment from state funds made after June 30, 2013. 4. Records made available on the contract tracking system may not reveal information made confidential or exempt by law. Exemption from FACTS The SIMON grant management system allows for partial or complete contract exemption from FACTS for those agreements containing information exempt from public records. Please contact OCJG for additional information, to determine whether an agreement would be exempt, and the process and documentation required for exemption. Performance Management Tool (PMT) BJA maintains the Performance Management Tool (PMT) online system for reporting performance data for subaward agreements. Performance Measures The subrecipient must include in the application an indication of the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the application may include specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Reporting requirements must be clearly articulated such that, where appropriate, performance during the execution of the award has a standard against which the subrecipient's performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives or performance goals that are relevant to the program. See OMB Uniform Grant Guidance (2 CFR Part 200) 200.76 and 200.77. JAG Funding Assistance - Florida Page 12 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 113 8.C.4.c Creating the Application Failure to follow these instructions and submit all required information will result in the application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. Applications will be submitted via FDLE's online grants management system, SIMON, which can be accessed at http://simon.fdle.state.fl.us. This website also includes a Help section containing a detailed user manual and frequently asked questions for some of the SIMON related tasks. Please read this manual before beginning the application process in SIMON. Due to the time involved in processing and approving user accounts and organization(s) requests, it is imperative that applicants complete the following steps as soon as possible. (If the agency already has a user account and the organizations subrecipient and implementing agency already exist in SIMON, please disregard Steps 1 and 2). Any member of a subaward agency working on the grant who does not already have a SIMON user account should create one by clicking "Register" on the front page of SIMON and completing the associated request form. Users will then receive an email containing the SIMON username and password. These are computer generated, and only the person whose email address appears in the request will receive the username and password. If your subrecipient and your implementing agency organizations are not already in the system, they must now be entered. Please note that a Data Universal Numbering System (DUNS) number is required to complete this step. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. To obtain a free DUNS number call Dun and Bradstreet at (866) 705-5711 or apply online at http://fedgov.dnb.com/webform/displayHomePage.do. The subrecipient must also have an active registration with the U.S. Federal Government's System for Award Management (SAM), formerly known as the Central Contractor Registration (CCR) System. Please visit https://www.sam.gov to register or update/reactivate the organization's information. The application will not be awarded until this step has been completed. The person who creates the application is the Application Manager and can modify/submit all tasks in SIMON regarding this application. Please review the position roles that are in SIMON (spreadsheet on Page 19 of user manual). More than one person can edit a module of an application by being assigned a role by the Application Manager. When a user who is not the Application Manager opens a transaction, the user will need to click the "Lock Transaction for Editing" button on the screen, make and save changes, and then click "Unlock Transaction" button. (The reason for locking and unlocking a transaction is further explained in the user manual.) Please review the spreadsheet carefully to understand which roles are able to perform specific tasks. Financial transactions are electronically signed and must be submitted by a Chief Financial Officer or designee. Please be sure to assign the appropriate roles to all necessary financial staff in SIMON. The application consists of four main components: Administration, Project Overview, Performance, and Financial. The on-line user manual provides detailed instructions for completing the application. The following information will provide additional guidance to troubleshoot some of the most frequent problems. "When entering data into SIMON, remember to SAVE the information on EACH screen" Failure to submit required Program information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. JAG Funding Assistance — Florida Page 13 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 114 8.C.4.c Project Overview General Project Information 1. Proiect Title. Enter a short, descriptive project title. The initial project title will remain the same throughout the subaward period. If this application is a continuation of a previous year project, the project title should not change. 2. Subaward Period. The typical subaward has a start date of October 1 and is for a period not to exceed twelve (12) months. Problem Identification The problem identification is a brief description of the problem addressed with the subaward funds. Be aware this text entry area is limited to approximately 7,000 characters and does not have spell check or special formatting; therefore, we recommend information first be entered into a word processing program and then copied into SIMON. Please be aware that when pasting information into SIMON some characters may convert to symbols. It is important to review the information placed into each section for accuracy prior to submitting the application. Be sure to address the following items: 1. Problem Description. What is the problem to which the project is responding? Define the problem as it relates to the program area under which funds are being sought. Be concise, avoid redundancy, but give enough detail to allow the reviewer to understand the problem. 2. Problem Significance. Why is this problem significant to the subrecipient? Identify who is affected by the problem including the specific types of individuals who contribute to and/or who are negatively affected by the problem. Write for an audience that knows nothing about the problem and explain why it is important that the proposed project address this problem at this time. 3. Needs Assessment. Identify the current scope of the problem. Support your problem statement(s) with factual information. Use both quantitative and descriptive data that relates to the specific geographic area(s) and problem. If this is a new, subaward, highlight identified unmet needs the project will address this year. If this is a continuation of a pre-existing subaward, provide a brief summary of project accomplishments in meeting identified needs to date. Project Summary (Scope of Work) The Project Summary is a brief description of how the proposed project will focus on the problem. Be aware that this text entry area is limited to approximately 7,000 characters and does not have spell check or special formatting; therefore, we recommend information first be entered into a word processing program and then copied into SIMON. Be sure to address any of the following items that are relevant to your project: 1. What will the project accomplish? 2. Who will receive services? (Participants must be involved with the criminal justice system.) 3. Who will provide services? 4. What other agencies will participate? For a multijurisdictional task force, provide a copy of the task force agreement. The agreement must address how assets will be divided if the task force is disbanded. 5. If your project includes significant equipment purchases, describe the equipment to be purchased and how it will be used in project operations. 6. State what documentation will be provided to document deliverables. 7. Do not use brand or model names or include quantities or dollar amounts. JAG Funding Assistance — Florida Page 14 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 115 8.C.4.c 8. Give a general description of cost covered by grant funds. 9. Answer all section questions. Technology Related Projects Subawards that may involve technology related projects, information sharing initiatives, or other projects that would result in the local system connecting to or interfacing with the state or national enforcement network must include the following statement in the Project Summary/Scope of Work: "This project requests federal grant funding for a law enforcement or criminal justice technology related project and may be subject to review and approval by the State Information Technology (IT) Point of Contact. By utilizing funds for this project, the subrecipient and implementing agency agree to conform to all state and national standards for technology and information sharing systems that connect to, and/or interface with state and national systems, and/or reside on the state Criminal Justice Network (CJNet). These standards include, but are not limited to, the FBI CJIS Security Policy and any rules, regulations or guidance enacted by the Criminal and Juvenile Justice Information System (CJJIS) Council under F.S. 943.06." Administration Officials/Contact The Chief Officials and Chief Financial Officers are filled automatically based on organization data. To modify these individuals, please consult the user manual, Chapter 7. A Project Director must be assigned by selecting the "Assign Role' button. If the decision is made to divide tasks, select the "Assign Role" button and assign other contact positions. If an individual is assigned as the subrecipient or implementing agency chief official designee, written documentation of signature authority for that person must be on file and'available for review at monitoring. Financial General Financial Info Financial reports may be submitted monthly or quarterly and are due within 30 days after the end of the reporting period Receipt of funds will be contingent on timely reporting. Project Budget, Budget Status 1. When entering information under Financial, Project Budget, the CALCULATE button and the SAVE button must be clicked for the changes to be permanent; clicking the SAVE button without first calculating will not save the changes. 2. Please show all funds budgeted to the next highest dollar; do not include cents. (Example, show $4,505.25 as $4,506.) Since match dollars are not required, please leave the match amounts at zero. 3. The amounts in the Budget Categories must match the amounts in the Budget Narrative. Project Budget, Budget Narrative 1. General Instructions a. You must briefly describe the budget categories requested. Be aware that this text entry area is limited to approximately 9,000 characters. b. If the budget includes services based on unit costs, in the space provided under Financial Section Questions, be sure to provide a definition and cost for each service and to describe the basis for unit costs and to state when the basis was established or updated. JAG Funding Assistance - Florida Page 15 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 116 8.C.4.c c. The Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). A category title and a subtotal for each category in the budget narrative must be identified, as well as the total project costs. d. Describe the line items in each applicable budget category for which the application is requesting subaward funding. Provide sufficient detail to show cost relationships to project activities. Do not use model/brand names. e. Do not allocate or include as a cost any item approved or requested on another federally financed program. f. Federal funds may not supplant state or local funds; this includes overtime pay for a given activity. For additional guidance, please refer to the USDOJ Financial Guide at http://oip.gov/financiaiguide/DOJ/ g. If actual project costs will exceed the available grant funding, make a statement that the subrecipient will cover all costs in excess of the amount available. 2. Required Criteria for Documenting Allowable Project Costs a. Costs are necessary and reasonable for proper and efficient project administration and implementation and not a general expense to carry out a subrecipient's overall responsibilities. b. Costs are authorized by Federal Code or Florida Statutes or local laws and regulations are in effect at the time subaward is awarded. c. Costs are treated consistently with policies, regulations, and procedures that apply uniformly to other subrecipient activities. d. Costs reflect the net of all applicable credits. Applicable credits means receipts or reduction of expenditure transactions that offset or reduce expense items. Applicable credits may include purchase discounts, rebates or allowances, recoveries or indemnities on losses, sales of publications, etc. Applicable credits may also occur when the subrecipient or implementing agency receives federal funds from sources other than this subaward to finance operations or capital items. 3. Budget Categories a. Salaries and Benefits- Funds used to support payment of salaries and benefits to government employees dedicated to project activities. b. Positions created with subaward funds must be in excess of the current number of appropriated positions in the implementing agency. If Salaries and Benefits are included in the budget cost as actual costs for staff in the implementing agency, is there a net personnel increase or a continued net personnel increase from the initial year? If no, state that no benefits will be charged to the grant. If yes, please list number and title of position and type of benefits. Be sure to answer the Financial Section Question about net personnel increase. c. For full and part time positions, list the number and type of positions and the salary for each position (do not give names of individuals in the positions funded). State what percentage of the position's salary will be charged to the grant. If the position was grant -funded in a prior year, the percentage of the position's salary funded cannot exceed the percentage paid for the same position in prior years with grant funds. d. For each position, include the following statement in the Budget Narrative: "This position will work XX% of time on project and the grant will pay for XX% of the salary/benefits." e. 'if the grant will pay for less than 100% of the salary and benefits for a position that is working 100% of its time on the grant, include one of the following statements in addition to the statement JAG Funding Assistance — Florida Page 16 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 117 8.C.4.c required in #3 above: i. The grant will be charged at 100% of salaries and benefits until all funds budgeted for the position are expended. The agency will continue to fund the position through the end of the grant period. ii. The grant will be charged at XX% for each reporting period for the life of the grant. f. If the position will spend 100% of its time on grant -related activities, regardless of the percentage of costs to be reimbursed by the grant, the subrecipient will be required to submit a Certification for Employees Working Solely on a Single Federal Award every six months and at closeout. g. For overtime, list the types of positions that will be paid overtime, the estimated number of hours to be worked and estimated rate of pay. h. For all positions, including overtime, list all benefits to be paid by type (such as retirement, health insurance, social security). For overtime, do not include any benefits that are paid in full on the individual's straight -time salary. If no benefits will be paid, state "No benefits will be charged to the grant" in the Budget Narrative. i. The Project Summary should include a brief description, for all grant -funded positions, that clearly identifies the work related to the project. j. Pay and benefits cannot be increased because of federal monies. Employees are to be paid their actual regular hourly rate / overtime hourly rate not the estimated amount reflected on the approved budget narrative. Benefits claimed can only be what are normally claimed for position(s) in the approved budget. Contractual Services- Funds paid to an individual, organization, or other unit of government for specified services provided under terms of the contract between the subrecipient and the contract provider. Briefly describe how these services will be procured. The contract must include, by reference, the Standard Conditions section of the Subaward Application. Project contractual services must comply with the following requirements: 1. Local units of government must use their respective rules and regulations. In the absence of local rules and regulations, or if state regulations are more restrictive, state regulations must be used as a guide. 2. If the relationship with the service provider is contractual, describe the procurement process (competitive bids or sole source). If sole source procurement is used, review the information regarding Sole Source Justification under Certifications in this document. 3. Arrangements with individuals must ensure that dual compensation is not involved; the contractual arrangement is written, formal, proper and otherwise consistent with the subrecipient's usual practices for obtaining such services; time and services for which payment will be made and rates of compensation will be supported by adequate documentation; and transportation and subsistence costs for travel performed are at an identified rate consistent with the subrecipient's general travel reimbursement practices. 4. Arrangements with other government units must ensure that work or services claimed for reimbursement are directly and exclusively devoted to subaward purposes and charged at rates not in excess of actual costs to the contractor government agency. 5. Compensation for consultants employed by state and local governments will only be allowed when units of government will not provide their services without cost. In these cases, the rate of compensation must not exceed the daily rate paid by the unit of government. 6. Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the market place. Federal regulations provide that the maximum rate for each consultant is $650 (excluding travel and subsistence costs) for an eight -hour day. An eight -hour day may include preparation, evaluation and travel time in addition to time required for actual performance. JAG Funding Assistance — Florida Page 17 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 118 8.C.4.c A request for compensation for over $650 a day requires prior approval and additional justification. Consultants hired through a competitive bidding process, not sole source, the $650 threshold does not apply. 7. Contractors must not appear on the federal government's Excluded Parties list (https://www.sam.gov). If the service provider is a non-profit organization and being reimbursed from the Subrecipient/Implementing Agency, the budget narrative should reflect unit costs or unit rates for each service provided, not Salary and Benefits, Expenses, Operating Capital Outlay or Indirect Costs. if the grant will pass through funds to a county or city other than the subrecipient or implementing agency, please call your grant manager for instruction regarding which costs may be charged directly and which must be unit costs. Expenses- Funds paid for expenses necessary for project activities. 1. Expenditures should be assigned to Expenses or Operating Capital Outlay (OCO) based on the subrecipient's or the implementing agency's established policy. If the organization does not have an established policy, the State policy applies to the subaward. The State policy is that Expense items are consumable, expendable items that have a unit cost less than $1,000 and/or a useful life of less than one (1) year. 2. Itemize all expense items for purchase. Any items not specifically listed in the budget will be disallowed. 3. Do not use the terms "such as," "etc." or'misc.- Do not use brand or model names. 4. All expense items must contribute directly to the project requesting funding and not be used for routine agency operations. 5. Allowable expense costs include: a. Advertising for personnel recruiting and competitive bidding. b. Printing and reproduction. Describe items to be printed and/or reproduced. c. Rental of staff offices and conference space. d. Communications expenses should be itemized (communications may include telephones, cell phones, pagers and related service charges, air cards and internet access including wireless service). e. Publicity. List purpose and types of media. f. Office supplies such as paper products, pens, paperclips, and printer cartridges. For office supplies only, you may say, "For example ..." and give a representative list; you do not have to list all office supplies for purchase. g. Postage and shipping fees. h. Office equipment or furniture. List all items for purchase; for instance, desks, chairs, filing cabinets, bookcases, printers, fax machines, and shredders. i. Registration or tuition fees for conferences or training seminars and related travel expenses and travel related to field trips. All trips must be specifically identified in the budget with as much information as is available. If the location or dates of an event are unknown, give the name and purpose of the event. All travel must clearly relate to the program requesting funding. List all travel expenses for funding on the grant, such as lodging, per diem, meals, airfare, rental vehicle, mileage, and incidental expenses. j. Travel and Training costs (food and/or beverages for meetings, conferences, training, or other events are NOT allowable). JAG Funding Assistance — Florida Page 18 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 119 8.C.4.c k. Confidential Funds. Prior to expenditure of confidential funds, the subrecipient must submit an executed Confidential Funds Certification Form. I. Vehicle expenses. Itemize by type (such as gas, oil changes, other routine maintenance, and repairs). m. Utility expenses. Itemize by type of service. n. Computer equipment and accessories below your OCO threshold. List all associated items for purchase including printers. These items may be requested as computer and associated peripheral equipment, including printers and monitors, if required to purchase separately. o. Travel and Training Costs. 6. See above for pre -approval requirements related to vehicles, body armor/bulletproof vests, meth mitigation plans, publications and other media, NEPA, sole source purchases and automated data processing equipment. Operating Capital Outlay (OCO) or Equipment- Funds paid for equipment necessary for project activities. 1. Expenditures should be assigned to Expenses or OCO based on the subrecipient's or the implementing agency's established policy. If the organization does not have an established policy, the State policy applies to the subaward. The State policy is that OCO includes equipment and other non -consumable, non -expendable items that have a unit cost of $1,000 or more and/or a useful life of more than one (1) year. Please identify the threshold for OCO items in the Financial Section Questions. 2. Itemize all OCO items for purchase and give a cost per item. NOTE: All radios (mobile or hand-held) must be P25 compliant. Indirect Costs- Costs that are not readily assignable to a particular project but are necessary to the operation of the organization and the performance of the project. 1. If indirect cost is included in the budget, please indicate the basis for the plan (for example, percentage of salaries and benefits) in the space provided under Financial Section Questions. 2. Submit a copy of the current approved indirect cost plan, with the project application and provide documentation of the appropriate approval of this plan. The approval must be from the federal cognizant agency. 3. State agencies must have prior approval of their indirect cost plan from a cognizant federal agency. 4. The OCJG reserves the right to deny reimbursement of subaward indirect costs. 5. Guidelines for calculating Indirect Cost a. If the Indirect Cost is 3.4%, figured on a total federal dollar amount of $75,000, use the following calculation: $75,000 / 1.034 = $72,533.85 then $72,533.85 x 0.034 = $2,466.15, the allowable Indirect Cost. b. If the Indirect Cost is based on Salaries and Benefits, the calculation will only be against the Salaries and Benefits budget category. c. Answer all Section Questions. Failure to submit required financial information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. JAG Funding Assistance - Florida Page 19 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 120 8.C.4.c Performance Please review the JAG Performance Information document carefully. Performance reports will be due within 15 days after the end of the reporting period. Receipt of funds will be contingent on timely reporting. Federal and State Purpose Areas 1. Choose ONLY one Federal Purpose Area for the project. ,2. Choose as many State Purpose Areas as fit the project beginning with State Purpose Area 1G-General Questions that is required for all projects. a. State Purpose Area 1 G requires a description of anticipated program accomplishments or benefits. Please ensure that you provide a thorough description that ties clearly to the Project Summary (Scope of Work) and also details how accomplishments will be measured, documented, etc. 3. All State purpose areas must have the dollar amount that will be allocated to that area. All areas added together will equal the total award amount. Objectives and Measures 1. For each State Purpose Area selected, choose as many objectives and measures as fit the project. The objectives are based on mandatory federal performance metrics and provide information that FDLE must report to USDOJ. You will report your progress in achieving objectives on a quarterly basis. 2. Purpose Areas, Objectives, and Measures selected must be appropriate for the proposed project. For specific information about purpose areas, objectives, and measures, please refer to the JAG Performance Information document. Failure to submit required Performance information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. The standard conditions are the conditions of agreement requiring compliance by units of local government (subrecipients), implementing agencies and state agencies upon signed acceptance of the subaward. It is imperative that all persons involved with or having administrative responsibility for this subaward read the Standard Conditions. Copies of this section of the application must be returned as part of the completed application. Failure to comply with provisions of this agreement may result in project costs being disallowed. Celrtlfications�s° <Y - r Equal Employment Opportunity (EEO) Certifications All subrecipients and implementing agencies must comply with the EEO requirements below. If the implementing agency is included in the subrecipient's EEO Certification and/or plan, no further documentation is required. If the implementing agency is not included in the subrecipient's EEO Certification and/or plan, a separate certification and/or plan must be submitted. Usually, a police department will be included in the city's plan, but a sheriffs office will not be included in the county's plan. Those subrecipients unclear whether their agency is included should contact their respective Human Resource department. 1. All subrecipients and implementing agencies must submit a signed EEO Certification form. Submit the certification to OCJG with the application. Do not send the certification to USDOJ as instructed on the form. 2. When completing the certification form, be sure to provide all information requested in the top portion, including the recipient's name and address, subrecipient of OJP funding, law enforcement agency, and DUNS number. The contact person listed should be someone who is knowledgeable about your grant. The form JAG Funding Assistance — Florida Page 20 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 121 8.C.4.c must be signed by the chief official or designee or by other appropriate staff such as a Human Resources or Personnel Director or an EEO Coordinator. 3. Any subrecipient or implementing agency that is applying for an award of less than $25,000 and that has no current USDOJ awards of $25,000 or more, regardless of the number of employees, should complete the top portion and Section A of the form and mark the box indicating receiving an award of less than $25,000. 4. Any subrecipient or implementing agency that is applying for an award, regardless of the monetary amount, that has fewer than 50 employees should complete the top portion and Section A of the form and mark the box indicating having under 50 employees. 5. Any subrecipient or implementing agency that currently has or is applying for an award of at least $25,000 but under $500,000 and that has 50 employees or more must prepare an on-line EEOP Short Form and should complete the top portion and Section B of the form. 6. Any subrecipient or implementing agency that currently has or is applying for a single award of over $500,000 and that has 50 employees or more must prepare an on-line EEOP Short Form and submit it to OCR for review and approval and should complete the top portion and Section C of the form. A copy of the letter approving the EEOP must be submitted to OCJG with the application. 7. If you need to prepare an EEOP, visit the OCR website at htti)://www.oip.usdoo.gov/aboutlocr/6eol).htm. On the website is an automated on-line EEOP Short Form for preparing your plan that prompts you screen -by - screen to complete the plan. All new EEOP's must be completed using the on-line short form. You are a Subrecipient for grants that you receive from FDLE. For subrecipients, the Short Form will ask for two grant numbers. The grant number at the top of the screen is your application number from SIMON. For grants that have already been awarded, use your subaward number (for example, 2999-JAGC-CNTY-99-Q9-999). For your current application and any others that have not yet been awarded, use your application reference number (for example, 2999-JAGC-999). The grant number on the bottom half of the screen is FDLE's federal grant number from USDOJ. Contact your grant manager for this number. Sole Source Justification If the project requires a purchase of services or equipment from a sole source, you must complete the Sole Source Justification for Services and Equipment Form. The authorized official for the subrecipient or the implementing agency must sign this form. If the cost exceeds $150,000, pre -approval by OCJG is required. Submit the signed form with your application. If the cost is below $150,000, keep the form on file for review at an on -site monitoring visit. Sole Source purchases under $150,000 must be stated as such in the application, and sufficient detail must be provided in order to determine that the purchase is eligible. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (F.S. 287.057(5)). Automated Data Processinq (ADP) Equipment Automated Data Processing (ADP) Equipment means general purpose commercially available, mass produced automated data processing components and equipment systems created from them regardless of use, size, capacity or price., Components and systems are designed to be applied to the solution or processing of a variety of problems or applications and are not specifically designed (not configured) for any specific application. If you plan to purchase ADP equipment and the cost exceeds $150,000, you must complete an ADP Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval Form and enclose this form with the project application. ADP equipment costs are limited to costs dedicated to project activities. The authorized official for the subrecipient or the implementing agency must sign this form. For further clarification, refer to the Financial Guide, USDOJ Common Rule for States and Local Governments and the federal Office of Management and Budget's Circulars A-21, A-87, A-110, and A-102, as applicable, in their entirety. Confidential Funds Certification Bulletproof Vest Certification JAG Funding Assistance — Florida Page 21 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 122 8.C.4.c Body Worn Camera Certification Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements State agencies only Signature Page In the spaces provided, enter the typed information, as identified on the form, for both the subrecipient and the implementing agency. Each application must be signed by: 1. Subrecipient authorizing official who is the chief officer or elected official of the subrecipient (head of state agency, chairman of county'commission, mayor of city, chief of Indian tribe). 2. Implementing agency authorizing official who is the chief officer or head of the government agency responsible for implementing the project. When a chief officer or elected official of a subrecipient or implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to FDLE a letter or resolution indicating the person given signature authority. The chief officer or elected official and the person receiving signature authority must both sign the letter indicating delegation of signature authority. The letter must also clearly identify which authority is being delegated. The subrecipient must notify FDLE in a timely manner if there are any changes in signature authority during the grant period. Once the grant is awarded, most grant documents will be submitted electronically. To update the officials in SIMON or to designate an individual with signature authority, follow the instructions in the user manual or contact the SIMON helpdesk. Corrections (strike -through, whiteout, etc.) on the signature page will not be accepted. Submit two original signature pages for each application. If you submit only one original signature page, you will not receive an original back for your file. Please reference the attached application checklist and timeline. Before you submit your application in SIMON, print out a copy of your application, signature pages, Standard Conditions, and any required certifications. The application must be submitted on-line no later than August 26, 2016, at 5:00 PM, EDT. REMINDER: When copying information into SIMON from another program or document, some characters may convert to symbols. It is important to review the information placed into each section for accuracy prior to submitting the application. While FDLE is striving to create a paperless grants management system, for the time being hard copies are still required. The following documentation should be submitted to FDLE no later than August 31, 2016. 1. Two complete copies of the application, both with original signatures. 2. EEO Certifications or USDOJ approval letters. 3. Any of the following that apply to your project: a. Sole Source Justification Form b. ADP Form c. Certifications Regarding Lobbying JAG Funding Assistance - Florida Page 22 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 123 8.C.4.c d. Confidential Funds Certifications e. Signature Authority letter/resolution f. Bulletproof Vest Certification g. Body Worn Camera Certification Failure to submit required documentation will delay award or result in the attachment of a withholding of funds special condition at the time of award. Our office is available for any assistance needed Monday through Friday, 8:00 a.m. — 5:00 p.m. EDT by calling (850) 617-1250 and ask to speak with your county's grant manager. For issues relating to SIMON, please ask for the SIMON Help Desk; otherwise, contact your grant manager or Senior Management Analyst Supervisor Randy Smyth. JAG Funding Assistance — Florida Page 23 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 124 8.C.4.c FFY 2016 JAG-C Project Timeline Application Timeline June 10, 2016 Florida received final state JAG appropriation from U.S. Department of Justice - Funding notifications with anticipated county allocations mailed to Board of County June 22, 2016 Commissioners with copies provided to Sheriffs, Mayors, Police Chiefs, University Police Chiefs and Project Directors. BOCC requested to assign a County Coordinator and respond in writing to FDLE. July 11, 2016 BOCC deadline to respond to Office of Criminal Justice Grants (OCJG) with Certification of Participation and designation of County Coordinator. Upon receipt of BOCC COP and County Coordinator designation, OCJG provides County Ongoing Coordinator with application information_ County coordinator to forward information to all application managers in their respective counties. July 31, 2016 I Deadline for County Coordinators to submit required 51 % letters to OCJG advising of applications that will be submitted from agencies within their respective counties. August 26, 2016 Deadline for all applications to be submitted in SIMON. August 31, 2016 Deadline for hard copies of applications with original signatures and any additional certifications/forms to be received by OCJG. October 1, 2016 Start date for most JAG-C funded projects Important Post -Award Dates and Timeline for projects with October 1, 2016 start date Subrecipients requesting quarterly reimbursement must submit quarterly performance reports. Subrecipients requesting monthly reimbursement must submit monthly performance reports. Programmatic Performance reports are due in SIMON no later than 15 days after the end of the reporting period (month or quarter). Project expenditure reports are due in SIMON no later than 30 days after the end of the reporting period (month or quarter). Deadline for subrecipients to provide OCJG with a letter explaining the status and December 1, 2016 reason for delay of any projects not operational. JAG Standard Conditions require projects to be operational within 60 days of original start date. Deadline for subrecipients to provide OCJG with a second letter explaining the status and December 29, 2016 reason for delay of any projects not operational. JAG Standard Conditions require projects that are not operational within 90 days be reviewed by the Department for termination of agreement and reallocation of funding. August 31, 2017 Deadline for processing final grant adjustments in SIMON for most JAGC subawards, within 30 days of end of grant period. October 15, 2017 Financial closeout due in SIMON, no later than 45 days after end of grant period. JAG Funding Assistance — Florida Page 24 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 125 FFY 2016 JAG-C SIMON Application Checklist Overall Grant VApplication., ❑ Does your agency have an active DUNS number? ❑ Is your SAM.gov registration current/active? ❑ Have you and applicable grant staff read the Standard Conditions that apply to JAG subgrants? ❑ Have you obtained a properly signed EEO certification and/or EEO plan as applicable to your grant? ❑ Did you include any additional forms required, such as sole source, confidential funds, bulletproof vest certification, signature authority, task force agreement, etc.? ❑ Are all sections of the grant complete and does the application designate a Project Direct with knowledge of program goals/objectives, performance and expenditure requirements, record keeping and overall grant management coordination? .Problem Identification 3 ❑ Does the problem identification clearly describe a need/issue required to be addressed with grant funds, including the scope of the problem and who is affected by the need/issue? ❑ Is there information describing the repercussions or impact if the need is not met? ❑ If this is a continuation from a pre-existing subgrant, does this section provide a brief summary of project accomplishments that have been achieved, or needs that have been met, to date? Project Summary (Scope of Work)„ ❑ Does the scope of work sufficiently describe the goals and objectives of the project? How will the problem identified in the previous section be addressed with this subgrant? ❑ Does this section identify what the project will accomplish? ❑ Does this section identify who will receive services and/or who will provide services? ❑ Does this section identify standards, such as the quantity of activities/services or a minimum level of service to be performed? ❑ Does this section provide a breakdown of the deliverables that will be received? ❑ Does this section identify how deliverables will be accounted for and documented for performance reports? (i.e. criteria for successful completion, how service providers will be managed and held accountable during the grant period, etc.) ❑ For equipment purchases, does this section describe the equipment to be purchased, how it will be used in project operations, and how the purchase of the item(s) will address the problem identified in the previous section? JAG Funding Assistance — Florida Page 25 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 126 8.C.4.c :- Financial /Budget;',. If the budget contains Salaries/Benefits: ❑ Is the salary rate (hourly, biweekly, annually, etc.) provided with total # of hours, weeks, etc.? ❑ If overtime, does the narrative provide estimated number of hours with rate of pay? ❑ Are the benefits clearly defined and include rate, cost or percentage? ❑ Does the narrative contain a statement of the percentage the position is paid from grant funds? ❑ Does the narrative contain the percentage of time the position will work on grant funded activities? ❑ Does the narrative contain information for the percentage the grant will be charged for each reporting period? ❑ Does the narrative provide a brief description on how the position(s) being funded from the grant will accomplish grant activities? If the budget contains Contractual Services: ❑ Does the budget clearly describe the activities each party will be contracted to perform? ❑ Does the narrative identify costs per service(s) rendered? ❑ Are unit costs clearly defined with supporting information in the Section Questions for Application Section #4: Financial? ❑ Does the narrative identify deliverables or documentation required to initiate payment? ❑ If contractual services contain consultant rates in excess of $650 per day, does the application contain the additional request (letter) for approval of consultant rates? ❑ - Does the narrative provide a brief description on how the services being procured will be used to accomplish grant activities? If the budget contains Expenses: ❑ Does the budget list all the items that will be purchased and provide approximate costs for each? iD [I If the purchase is a bundle, does the budget list the items included in bundle? c (i.e. if purchasing a computer is it a laptop or desktop, does it include docking station and/or peripherals? If so, a) which ones?) ❑ Does the narrative provide a brief description on how the purchase of these items will assist the project or be 3 c used toward accomplishing grant activities? Q If the budget contains Operating Capital Outlay (OCO): Q ❑ Does the budget list each item to be purchased and provide the cost per item? If the item(s) purchased are co included in a bundle or package, please detail what is included in the bundle. c N ❑ Are shipping, handling, warranty, and/or maintenance costs included and listed in the budget (if applicable)? J ❑ If not already described in the Scope of Work, does the narrative provide an explanation on how the item(s) will 0 be used to accomplish project activities? ❑ If warranty is included in the purchase, does the budget ensure grant funds will only be used for up to the first v U year of maintenance and only for dates within the approved grant period? .6 c y If the budget contains Indirect Costs: t ❑ Is an Indirect Cost Plan included, as approved by the cognizant agency? M M Q JAG Funding Assistance — Florida Page 26 of 26 FY16 Program Information (Rev. 06/2016) Packet Pg. 127 8.C.5 ITEM NO. (ID # 3648) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division DATE: 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Indian River Estates Municipal Service Benefit Unit - Master Meter - Parcel ID 3402-604-0055-000-7 Access/Pipeline Easements in favor of Fort Pierce Utilities Authority and City of Port St. Lucie BACKGROUND: On December 10, 2002, the Board of County Commissioners created the Indian River Estates MSBU. On December 18, 2007, the Board of County Commissioners approved the Contract for Sale and Purchase to acquire the property for the Master Meter to service the Indian River Estates residents. On March 11, 2008, the Board of County Commissioners approved a 900 square foot Utility Easement in favor of Fort Pierce Utilities Authority (FPUA) for the installation of a Master Meter. On September 22, 2009, the Board of County Commissioners approved a 2,532 square foot Utility Easement and a 2,039 square foot Temporary Access and Construction Easement in favor of the City of Port St. Lucie to loop their recently completed 12" water line on the South side of Easy Street. Fort Pierce Utilities Authority and the City of Port St. Lucie Utilities Departments contacted St. Lucie County Utilities for an additional Easement. The Easement will allow for an emergency interconnect between the water systems to allow for increased reliability to both customer bases. The interconnect is located adjacent to the Indian River Estates community and will provide an additional benefit of improving the reliability of the St. Lucie County Utilities Indian River Estates water system which receives bulk supplied water. PREVIOUS ACTION: December 10, 2002 - Board of County Commissioners created the Indian River Estates MSBU. December 18, 2007 - Board of County Commissioners approved the Contract for Sale and Purchase to acquire the property for the Master Meter to service the Indian River Estates residents. Packet Pg. 128 8.C.5 March 11, 2008 - Board of County Commissioners approved a 900 square foot Utility Easement in favor of Fort Pierce Utilities Authority (FPUA) for the installation of a Master Meter. September 22, 2009 - Board of County Commissioners approved a 2,532 square foot Utility Easement and a 2,039 square foot Temporary Access and Construction Easement in favor of the City of Port St. Lucie. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Access/Pipeline Easements in favor of Fort Pierce Utilities Authority and City of Port St. Lucie, authorize the Chairman to sign the easements and direct staff to record the easements in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures l Danie s. McIntyre, C my ttorney 7/12/2016 Updated: 7/15/2016 12:05 PM by Katrina Slay Page 2 Packet Pg. 129 8.C.5.a PREPARED BY AND RETURN TO: AccEssIPIPEONE EASEMENT ST, LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 3402-604-0055-000-7 i�*ozrr & ne a 4 %&ede ;VWW &, that the undersigned ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA i N for and in consideration of the sum of One Dollar, to them in hand paid by the Fort Pierce Utilities Authority of the City of Fort � Pierce, Florida (located at 206 South Sixth Street), a municipal corporation under the laws of the State of Florida, receipt whereof is hereby acknowledged, do hereby convey and grant to the City of Fort Pierce, Florida, for the use and benefit of the Fort Pierce L Utilities Authority, the privilege and easement for the installation maintenance, operation, repair, replacement or renewal of their N municipal -owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wit: See attached Access Easement and Pipeline Easement ++ C Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute d grounds for a claim for damage. d The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be m erected or placed on said strip of land by GRANTORS. The rights herein granted maybe assigned in whole Grin part. V The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, U) however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product CU Q liability or otherwise, the obligations of the FPUA under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to v Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or -judgment, or portions thereof, subject to the maximum sum of $200,000,00 as the result of all claims and judgments arising out of the same incident or occurrence. to N The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. W W lot WAXgc" 2i ewq, the GRANTOR has caused these presents to be i executed in its name, and its corporate seal to be hereunto affixed, by its > proper officers thereunto duty authorized this day of May, 2016. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF M THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS 00 ST. LUCIE COUNTY, FLORIDA 14 M SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: r C Cd G Witness Signature Kim Johnson, Chairman d 2300 Virginia Avenue to Printed Witness Signature Fort Pierce, Florida 34982 LV Q Witness Signature APPROVED AS TO FORM AND CORRECTNESS: d lL Printed Witness Signature O N COUNTY ATTORNEY to Ui STATE OF FLORIDA V COUNTY OF ST. LUCIE pp r I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Kim Johnson known to me to be the Chairman of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that he acknowledged executing the same for such entity, freely and t voluntarily, under authority duly bested in him by said entity, and that the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above -named person: personally known to me, and that an oath was not taken. r Q RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State last aforesaid this day of May, A.D. 2016. Notary Signature G:1ACG5WP1JoAnnUndian River Estates Master Meter52016 FPUA Easemeni.doc Packet Pg. 130 8.C.5.a THIS IS NOT A SURVEY EXHIBIT 'A" LEGAL DESCRIPTION AN EASEMENT FOR ACCESS PURPOSE OVER, AND ACROSS A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00'03'25" WEST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 152.61 FEET; THENCE: NORTH 89'58'39" EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 13.00 FEET; THENCE SOUTH 00'03'25" EAST, PARALLEL WITH AND 13.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 152,58 FEET; THENCE SOUTH 89'49'09" WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,984 SQUARE FEET (0.046 ACRES, MORE OR LESS), AEL T. OWEN, PROFESSIONAL SU IDA REGISTRATION No. 5556 DESCRIPTION ACCESS EASEMENT LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3 PREPARED FOR: FPUA 1= `I. PIERCE, FLORIDA REVSIONS 1) COUNTY COMMENTS 5-10-2016 (i.y) ILL VIJI VIv.],' -' 1A F , if :.,'. :Y{1,q'u,iRA PfiFt .,^r' ATE E: NOt VAI�.�I1�rwi' k0UT SHEET 2 OF t ENGINEERS e SURVEYORS 1934 TUCKER COURT FT. PIERCE, FL 34950 phone: 772-462-2456 phone:772-419-8383 fax:772-462-2454 CERTIFICATE OF AUTHORIZATION LB f#8098 JOB No. ; 14-2$B DAME: 03/11/2016 RELD BOOK: CHECKED BY: MTO CADD HLE ; 14-2B6 5D1 SHEET SCALE : N/A DRAWN BY' MDP PAGE: EFB FILE; Packet Pg. 131 8.C.5.a THIS IS NOT A SURVEY EXHIBIT „$„ N.S.L.R.W.C,0. CANAL NO, 23 LEGEND GRAPHIC SCALE 50 0 15 30 1 I�h � 80 tk N.S.LR-W.C.P. DENOTES NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT P.O.B. DENOTES POTUT OF BEGINNING W. DENOTES NEST $ DENOTES CENTER IJHE S. PT MX FNOUP.D. BEARINGS SHOWN ARE BASED ON THE NORTH UNE OF PG. D� DENOTES PACE N.S.L.R.W.C.D. CANAL NO. 23 AS BEARING S89'49'09"W E. DENOTES "ST NOTE: NOT VALID WITHOUT SHEET 1 OF 2 SKETCH OF DESCRIPTION 1934 TUCKER COURT ACCESS EASEMENT , FT. PIERCE. FL 34950 LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3 pbone:772-462-2455 ' phGne:772-419-8383 PREPARED FOR: fox:772-462-2454 FPUA CERTIFICATE OF t I'i . PIERCE, FLORIDA. I ENGINEERS 0 SURVEYORS AUTHORIZATION LB -4SC98 I REVISIONS "No.: 14--286 DATE: 01/12/2016 FIELD B00K; CHECKED BY: MTO CADD FILE : 14-286 SD1 ${jEE� SCALE : 1'-30' DRAWN BY: MOP PAGE; EFR FILE: Packet Pg. 132 .,^. ...... ..�_ ^.�� �a.,��� may. �.,� 8.C.5.a THIS IS NOT A SURVEY EXHISIT 'A" LEGALDESCRIPTION AN EASEMENT FOR UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA; THENCE NORTH 00'03'25" WEST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 152.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'03'25" WEST A DISTANCE OF 73.13 FEET; THENCE NORTH 45'10'30" EAST, A DISTANCE OF 28.35 FEET TO THE SOUTH LINE OF EASY STREET (80.00 FEET WIDE); THENCE NORTH .89'49'13" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 22.71 FEET TO THE WEST LINE OF AN EXISTING 30.00 FEET BY 30.00 FEET UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2954 AT PAGE 2621, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00*03'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'49'13" WEST A DISTANCE OF 18.59 FEET, THENCE SOUTH 45'10'30" WEST A DISTANCE OF 20.08 FEET; THENCE SOUTH 00'03'25" EAST A DISTANCE OF 42,97 FEET; THENCE NORTH 90'00'00" EAST A DISTANCE OF 33.00 FEET; THENCE SOUTH 00'03'25" EAST A DISTANCE OF 26,00 FEET; THENCE SOUTH 90'00'00" WEST A DISTANCE OF 43.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,017 SQUARE FEET (0.046 ACRES, MORE OR LESS). Ln T. OWEN, PRO SIONAL SUR X_ �'?!Rc'IMAFFr4i�' _tip DATE '+Macy+• DESCRIPPON 1934 TUCKER COURT PIPELINE EASEMENT r FT. PIERCE, FL 34950 phone:772-462-2455 LOT 'I INDIAN RIVER ESTATES — NO, 3 � phone: 772-419-8383 PREPARED FOR: fax: 772-462-2454 tr * 4 CERTIFICATE OF Pr LIA AUTIiORI A ON B #809E I FT. PIERCE, FLORIDA I ENGINEERS E3 SURVEYORS ; I REVISIONS I, ') COINTY COMMENTS 5-10-2016 (MOP) i--- JOB No.: 14-286 DATE: 01/12/2016 FIELD BOOK: CHECKED BY: MTO CADD FILE : t4-266 SDI SHEET SCALE : N/A DRAWN BY: MOP PACE: EFB FILE: -- ----- - — Packet Pg. 133 8.C.5.a THIS IS NOT A SURVEY pCl°;<IIBIT "B1r EASY STREET 22.71 S00'03'2 GRAPHIC0 SCALE "E 10.00' 3o ao s, E A S E R E k T (O D. 2964 M. 2621) (7+) 1N T Vv• q�vMq� :J 1 InoL = ft. rL .Nq S89'49'13" 11, 59' � w rn �c40 0 to N N90'00'00"E Q 33.00' w P.Q.B. z a m 0 S90100 D0 W 43.00' TRACT B ' � LOT 1 BLOCK 1 fi cv B LOCK 1 6 r- h a Li3 z � h 1n N P L O T 1 T R A C T " B O o z B L 0 C K 1 6 B L 0 C K 1 6 LEGEND N. P.O.B. DENOTES NORTH DEMOTES POINT OF BE6,11KNO N,S,L.R.%V.C.D. CANAL NO- 23 SW DENOTES SOUIHNEST Cti DENOTES DENIER UNE s P.B. DENOTES SOUTH DENOTES PLAT BOOK 13EARINGS SHOWN ARE BASED ON THE NORTH LINE OF PD. DENOTES PAOE ORANGE AVE. AS BEARING N70'16'18"E (ASSUMED). E; DENOTES EAST NOTE: NOT VAUD VATHOUT SHEET 1 OF 2 SKETCH` OF DESCRIPTION 1934 TUCKER COURT PIPELINE EASEMENT t FT. PIERCE, FL 34950 772-462-2455 LOT 1 INDIAN RIVER ESTATES - NO. 3 phone:772-419-83B3 83B3 fax: 772-462-2454V PREPARED FOR: Fps f� CERTIFICATE OF !` AUTHORIZATION LB #8098 FT. PIERCE, FLDRIDA { ENGINEERS 8 SURVEYORS f2I_VISfON5 JOB No.! 14-266 DATE: 01/12/2016 HELD BOOK: CHECKED BY. I.ITO CADD FILE : 14-286 SD1 SHEET SCALE : 1"-30' DRAM BY. MDI' PAGE: EF0 FlLU Packet Pg. 134 1 8.C.5.b PREPARED BY AND RETURN TO: AccI=SS/PIPFLINE EAST Ur'Nr ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 3402-604-0055-000-7 KP=AffWen iy ffwe {Presenu,, that the undersigned, ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (GRANTOR) for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St. Lucie, Florida (GRANTEE), (located at 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984). a municipal corporation under the laws of the State of Florida, the privilege and access and pipeline easement for the purpose of access to and installation, operation and maintenance of public utility improvements, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wit: See attached Access/Pipeline Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may out or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless From any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. Attest: In Witness Whereof, the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of June, 2016. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOMDA SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Cd G witness Signature Kim Johnson, Chairman 2300 Virginia Avenue to Fort Pierce, Florida 34982 U.I Printed Witness Signature J APPROVED AS TO FORM AND CORRECTNESS: d Witness Signature to O N Printed Witness Signature COUNTY ATTORNEY In U STATE OF FLORIDA COUNTY OF ST, LUCIE y t I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Kim Johnson known to me to be the Chairman of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that he acknowledged executing the same for such entity, freely and r voluntarily, under authority duly vested in him by said entity, and that the seal affixed thereto is the true department seal of said entity, Q the I relied upon the following form of identification of the above -named person: personally known to me, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State last aforesaid this day of June, A.D. 2016. Notary Signature G:=QIWPIJoAnnV1ndian River Estates Master Meter12016 PSL Easement.doc Packet Pg. 135 8.C.5.b THIS IS NOT A SURVEY EXHISIT 'Au LEGAL DESCRIPTION AN EASEMENT FOR UTILITY AND ACCESS PURPOSES OVER, UNDER AND ACROSS A PARCEL of LAND LYING IN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 89'49'09" EAST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'03'25" WEST, PARALLEL WITH AND 10.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 178.60 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 33.00 FEET; THENCE SOUTH 00'03'25" EAST, A DISTANCE OF 26.00 FEET; THLNCE SOUTH 90'00'00" WEST A DISTANCE OF 3400 FEET, THENCE SOUTH 00'03'25" EAST, PARALLEL WITH AND 13.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 152.59 FEET; THENCE SOUTH 89'49'09" WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,316 SQUARE FEET (0.030 ACRES, MORE OR LESS). 'e ^r r WCHAEL T. OWEN, PROFESSIONAL_ SURVEYOR &'MARORRI " DATE: FLORIDA REGISTRATION No. 5556 NOTE: NOT VALID WITHOUT SHEET 2 OF 2 DESCRIPTION 1934 TUCKER COURT ACCESSIPIPELINE EASEMENT , FT. FIERCE, FI- 34950 phone:772-462-2455 LOT 1 BLOCK 16 INDIAN RIVER ESTATES NO. 3 phone:779-419-8383 ti fax, 772-462-2454 PREPARED FOR: PSLCI5D OF AUTHCERTIFICATE ORIZA IONLB#8098 FT. PIERCE, FLORIDA ENGINEERS 0 SURVEYORS f COUNTY COMMENIS 5-to-2o16 MDP REVISIONS JOB Na.: 1€-286- DATE: 01/12/2016 FIELD BOOK: CHECKED BY: MTO CADD FILE : 14-286 SD2 SHEET OF SCALE : N/A DRAWN BY: MDP PACE: EFB FILE: 00 w M C d E d to fC W J a to 0 N wi u N E t 2 Q Packet Pg. 136 8.C.5.b THIS IS N®T A SURVEY EXHIBIT "S1r K 16 5 J.Vv N.S.L.R.W,C.D. CANAL NO. 23 GRAPHIC SCAM 30 0 16 3O S IN FELT ) I inch n SO IL LEGEND N. DENOTES NORTH P.O.B. DENOTES POINT OF BEGINNING A DENOTES WEST ¢. DFNDTFS CMTFR LJNE S. P.B. DENOTES SOUTH DENOTES PLAT BOOK BEARINGS SHOWN ARE BASED ON THE NORTH LINE OF PG. DENOTES PAGE ORANGE AVE. AS BEARING N70'16'18"E. (ASSUMED). E. DENOTES EAST NOTE: NOT VALID VATHOUT SHEET 1 OF 2 SKETCH OF DESCRIPTION 1934 TUCKER COURT ACCESSIPIPELINE EASEMENT r FT. PIERCE, FL 34950 phone: 772-462-2455phone:772-419-8383 LOT 1 ENDfAN RIVER ESTATES NO. 3 PREPARE[) 1=0R: fax. 772-462-2454 PSL USD CERTIFICATE OF FT. PIERCE, FLORIDA ENGINEERS 0 SURVEYORS AUTHORIZATION LB #I8098 REVISIONS JOB No. 14-286 DAB: 03/14/2016 FIELD BOOK: CHECKED BY: NITO CAOD FILE : 14-296 SD-2 SHEET z OF I SCALE : 1"m3D' DRAV`VN BY: MAP PAGE: ZfB FiLF.- Packet Pg. 137 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3400294 OR BOOK 3136 PAGE 83, Recorded 10/13/2009 at 02:34 PM 8.C.5.c repared by a urn io'. Port St. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St- Lucie, FL 24983 PROPERTY APPRAISERS PARCEL ID (FDLIO) NUMIIER(S): °XWW.Aff914ES 6y "L/FC1$ fP eSeti 4 that the undersigned, EMPORARY ACCESS & CONSTRUCT161 EASEMENT ST. LUCIE COUNTY, A POLITICAL. SUBDIVISION OF THE STATE OF FLORIDA, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St. Lucie, Florida, (located at 121 SW Port St. Lucie Blvd., Pori St. Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and temporary aoceas and construction easement for the purpose of access to and installation of public utility improvements, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wiL See attached Temporary Access and Construction Easement Premises Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so for as may be reasonably necessary in the installation of said utility improvements. Patrolling said easement shall not constitute grounds for a claim for damage. This Temporary Access and Construction Easement shall expire one year from the date of execution or upon completion of the public utility construction, whichever occurs first. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costa proximately caused by the sale fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product hability or otherwise. the obligatons of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768,28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same Incident or occurrence. The GRANTOR hereby covenants and warrants that ft owns the said land and has the right to grant this easement. (Cortwrefe Seal) SIGNED, SEALED AND DELI R'4tP!p'Crji,�fR!"'S /1ri5 �QJ4aja, �u Pri ad Witness Signature ess Signature JoArirl k- Ir. Printed Witness Signat re STATE OF FLORIDA COUNTY OF ST. LUCIE In Witness Whereof, the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers Mersunto duly authorized this a2,r day of Sip}o,s 6-... 2009. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA EASES; Paula is, pir _ 2300 Virginia Avenue Fort Pierce, Florida 34982 APROVED A TOfORM &M CORRECTNESS: Dan i S. Mclntr unty Attorney I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, the I relied upon the following form of identification of the above -named person: Florida Drivers License, and that an oath was not taken. RueaF,ti�BY' AyY SEAL Witness my hand and official Seal in the County and State last .•••pN. �ey'�i�5 aforesaid this AA,rJ day of —" A.D. 2009. �Notary Signature Notary's Printed Signat re Packet Pg. 138 OR HOOK 3136 PAGE 84 8.C.5.c LEGAL DESCRIPTION A 8.00 FOOT WIDE PARCEL OF LAND LYING 4.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AND LYING IN LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N89'52'22"E, ALONG THE NORTH RIGHT—OF—WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO.23 (A 92.00 FOOT RIGHT—OF—WAY), A DISTANCE OF 14,00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NOO'10'40"W A DISTANCE OF 223.87 FEET, THENCE N44'56'35"E A DISTANCE OF 31.03 FEET TO THE POINT OF TERMINATION, SAID POINT BEING THE TERMINATION OF THE 10.00 FOOT WIDE EASEMENT. CONTAINING 2,039 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR MIGHT —OF —WAY AND/OR EASEMENTS OF RECORD. JamA5 A. Fowler Signature Dote Prof sional Surveyor and Mapper FIII a Certificate No. 3435 Sheet 1 of 2 Dr�+l�arP'�JA►! File: OB-2375&d CULT ETaPER TERPENING, ING GG��7711//R e6�eV0N ice—s1c-5.dwg Cr G0"511TIN0 ENGINLEeS I u�"o sun�cvorss OF Date: 9-16-2009 2980 SOUTH 251h STREAT 7�`, FORT PIERCE, FLOJUL)A 3498i TEMPORARY CONSII��p UC-nON PHONE 772-464-3537 rAx 772-464-9497 EASEMENT' Tech: OLM wvnI%RII ng.mm STA7L (}F FE[)RIOh CI�.R]'SFICh7]CiN N,_ IB�zRL Packet Pg. 139 OR BOOK 3136 PAGE 85 8.C.5.c SKETCH TO ACCOMPANY LEGAL DESCRIPTION Tills IS NOT A SURVEY NBS'52'01)"E EASY STREET_ 80.00' RIGHT-OF-WAY GRAPHIC SCALE So 0 25 50 (ZNn+) Ih h-C9 n TRACT B, BLOCK 16 UE = UTILITY EASEMENT BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE CENTERLINE OF EASY STREET HAVING A BEARING OF N89'52'00'E N44-56'35"E 31,03' n rI. Z� wN g0. g agWo -b g oirm a r- qCL 0 z 4.00' SW CORc LOT 1 LOT 2, BLOCK 16 N89'52'22"E 14.00' NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 23 Sheet 2 of 2 File: 08-237s&d CULPEPPER TERPENING, 4NC SKETCH OF DESCRIPTION tce-sic-5.dwg ONSULTiwG ENLiNCERS I LwNC S�RYErO PS QF Date: 9-16-2009 2980 SOUTH 25th STRFFT FORT PIEiRCE, FLORIDA 34981 TEMPORARY CONSTRUCTION PHONE 772-464.3537 FAX772-464-9497 EASEMENT Tech: GLM Sl'AYE 9F FLOAi[1A CF.AT1FifAYION N==. I.ii a2Aa """``-DRAM. Packet Pg. 140 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3400293 OR HOOK 3236 PAGE 80, Recorded 10/13/2DO9 at 02:34 PM 8.C.5.d pared by and return to: Port S1. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St, Lucie, FL 34983 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): •jt,n f` QMen 6y gTwe TWC114 that the undersigned, ASFMENT ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for good and valuabie consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St Lucie, Florida, (located at 121 SW Port St- Lucie Blvd., Port St, Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and easement for the instalialion, maintenance, operation, repair, replacement or renewal of their municipal -owned water, sewer, and reclaimed water utilities, in, under, upon, along, over and across the following - described land in St. Lucie County, Florida, to wit: See attached Utility Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or ptaced on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of Said utilities and the equipment and facilities connected therewith, over and across said strip of land- Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under thts indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, 25 that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $1D0.000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.DD as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that d owns the said land and has the right to grant this easement In Witness Whereof, the GRANTOR has caused these presents to (Cowrate See!) be executed in its name, and its corporate seal to be hereunjo affixed, by per officers thereunto duly authorized this aadd day of 2009 ST, LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA SIGNED, SEALED ND p£LIVER€0 IN r�7P`RLiE'r, e�wy ►�— /ess Signature C' k f r S 6 e— aJ-0 j6-Vl Printed Witness Signature _ _ It ess Signature Printed Witness Signature STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Paula Le , Chifir 23DO Virginia Avenue Fort Pierce Florida 34982 -11 APROVED A TO-,#ORO IM CORRECTNESS: Dani S. VMVounty Attorney i hereby certify that on this day before me, an officer duty authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seas of said entity, the I relied upon the following form of identification of the above -named person: Florida Driver's License, and that an oath was not taken. Ru/YY,�tY SEAL Witness my hand and official Seat in the County and State last ` h CJy v�y� aforesaid this ;U Id clay of , W4 --6r , A,D. 2009. 2 r *: ••� _ Notary Sign lure &°-'0' je A, f„I . JoAN Ma-e i2 Notary's Printed Signature Packet Pg. 141 OR BOOK 3136 PAGE 81 8.C.5.d LEGAL DESCRIPTION A 10.00 FOOT WIDE PARCEL OF LAND LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AND LYING IN LOT 1, BLOCK 16, INDIAN RIVER ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 10, PAGE 47, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N89'52'22"E. ALONG THE NORTH RIGHT-OF-WAY LIME OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO.23 (A 92.00 FOOT RIGHT-OF-WAY), A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE N00'10'40"W A DISTANCE OF 22B.02 FEET, THENCE N44'56'35"E A DISTANCE OF 25.15 FEET TO THE POINT OF TERMINATION, SAID POINT BEING THE TERMINATION OF THE 10.00 FOOT WIDE EASEMENT. CONTAINING 2,532 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WVTH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Jam A. F w er ---y Pro ssional Surveyor and Mapper Florida Certificate No. 3435 144C /0) Signature Date Sheaf 1 of 2 DC�AdIhTfA►1 GG ��IlR rr 1111VON File: OB-237s&d ue—SIC-33.d*9 CULPEPPER TERPENINa, fNC —S—TINd £NGiNEERS I Lw"b 9—EYCR OF Date: 7-13-2009 2960 SOUTH 25rh STREET UTILITY EASEMENT - Tech: GLM FORT PIERCP FLORMA 3,4981 PHONE 772-464.3537 FAX 772-464-9497 IFICA' n srniE of FW fUDA �FRTFlLnriON Na ID 12ea Packet Pg. 142 OR BOOT{ 3136 PAGE 82 8.C.5.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N89'52'06'E EASY STREET BO.W RIGHT-OF-WAY POT 72.00' Ns952'OO"E vr N 4k'56'35"E 25.15' GRAPHIC SCALE 50 a 25 50 M tmf-eo e. C zt I o a�� a 8 � jE P TRACT B, BLOCK ifi g g LOT 2. BLOCK 16 N p iE C as O Ai N Z .p I^ UE - UTILITY EASEMENT 5.00' � BEARINGS SHOWN HEREON ARE ASSUMED AND 5.00' RELATIVE TO THE CENTERUNE OF EASY STREET WAVING A BEARING OF N89'52*WE E T0,00' UE Poe FOB SN CORNER A LDT 1 N89'52'22-E 5.00' NORTH ST. LUCIE RIVER WATER a CONTROL DISTRICT CANAL NO. 23 Sheet 2 of 2 File: 08-2375&d GLJLPEPPER TERPENING, lNC SKETCH OF DESCRIPTION ue-slo-3.dwg COnSVLT,NG LN61N[[ 3 I L�N9 SVP�EYOPS OF Dote: 7-13-2009 2980 SOUTF] 25th STREET d FORT PIERCE, FLORTDA 34981 s UTILITY EASEMENT PRONE 772- FAXm77246 49A97 -cic g— Tech: GLM SI'ATT. or rLOnron ccrtnnunoN No. Ln iJsc Packet Pg. 143 EDWTN M. FRY, Jr., CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE A 3186611 OR BOOK 2954 PAGE 2621, Recorded 03/28/2008 at 10:52 AM 8.C.5.e RETURN TO: Box 145 THIS INSTRUMENT PREPARED BY: PROPERTY APPRAISERS PARCEL M (FOLIO) NUMBERS): 3402-604-0055.000-7 x— A& UeK 4 74W weld, that the undersigned EASEMENT ST. I1CIE COUNTY, A POLITICAL SUBDIVI&ON OF THE STATE OF FLORIDA for and in consideration of the sum of One Ooilar, to them in hand paid by the Fart Pierce Utilities Authority of the City of Fort Pierce, Florida (located of 206 South Sixth Street), a municipal corporation under the laws of the State of Florida, receipt whereof is hereby acknowledged, do hereby convey and grant to the City of Fort Pierce, Florida, for the use and benefit of the Fort Pierce Utilities Authority, the privilege and easement for the installation maintenance, operation, repair, replacement or renewal of their municipal -owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the foilowin•describad land in St. Lucie County, Florida, to wit; g See attached Utility Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strap of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS The rights herein granted maybe assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said Strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the FPUA under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,OOo.00 for any claim orjudgment or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement 710 76WOCaa VW4, the GRANTOR has caused these presents to be executed in its name, and its corporate seat to be hereunto affixed, by its proper officers the eunt0 duly authorized this 11' day of March, 2008, M SIGNED, SEA Leb AND DELWR'7 p '6V4'PRESENCEAS WITNESSES: wT U I ass Signature Printed Witness Signature mmess Signature Printed Witness Signature ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF P'. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORiDA Voseph E. ha 2300 Virgi A x Fort Pierce F1 OVE AS TO FORMI2RECINES5: STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Joseph E. Smith known to me to be the Chairman and Deputy Clerk, respectively, of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duty bested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above -named person: Florida Driver's License, and that an oath was riot taken. RvaaER STAMP NOTARY SrAL Witness my hand and official Seal in the County and State �rY aN JoAnn Marie Riley last afo esaid this 11'" day of March, A.D. 2008, Commission i D0374301 Expires D9camb9r4, 2008 Notary Signallire aF kWO71W rri•wwrr, ba robar►mu G:AC41WPUoAnMIndian River Estates Master MelerTPUA Easement, doe Packet Pg. 144 OR BOOK 2954 PAGE 2622 8.C.5.e LEGAL DESCRIPTION: UTILITY EASEMENT AN EASEMENT FOR UTILITY PURPOSE OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 10, T-36-S, R-40-E AND A PORTION OF LOT 1, BLOCK I6, INDIAN RIVER ESTATES UNIT THREE AS RECORDED IN PLAT BOOK 10 AT PAGE 47 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 30 FEET OF THE EAST 30 FEET OF LOT I, BLOCK 16 OF THE PLAT OF INDIAN RIVER ESTATES UNIT THREE AS RECORDED IN PLAT BOOK 10 AT PAGE 47 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID EASEMENT CONTAINING 900 SQUARE FEET MORE OR LESS. CERTIFICATE: I hereby certify that the legal description represented hereon, dated this day of , 2008, is trine and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO.4198 Packet Pg. 145 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3165681 OR BOOK 2935 PAGE 1013, Recorded 02/05/2008 at 02:00 PM Doc Tax: $385.00 8.C.5.f a This Instrument Prepared by and Return to: oMonica L. Cook, Closing Officer e. Community Land Title Corporation U2400 SE Veterans Memorial Pkwy., Suite 214 as e, Port St. Lucie, Florida 34952 CLT File Number: 0716645C Property Appraisers Parcel ID Number: 3402-604-0055-000/7 J E- Warranty Deed SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made and executed the 15th day of January, 2008 by Oris Nelson, whose post office address is: 8945 South Indian River Drive, Fort Pierce, FL 34982, herein called the grantor, to St. Lucie County, a political Subdivision of the State of Florida, whose post office address is: 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter called the Grantee: (Wherever used herein the terns "grantor" and grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/1001S DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in ST. LUCIE County, State of Florida, viz: Lot 1, Block 16, INDIAN RIVER ESTATES, UNIT THREE, according to the Plat thereof, as recorded in Plat Book 10, at Page 47, of the Public Records of St. Lucie County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2008 subsequent years thereafter. The land described herein is not the homestead property of the grantor(s) nor is it contiguous thereto; it is in fact vacant, unimproved land. TOGETHER, with all the tenements, hereditaments and appurtenances thereto b ging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. / / AND, the grantor hereby covenants with said grantee that the granto re lawfully seizes said land in fee simple; that the grantors have good and lawful authority to sell and conveys ' a d hereby warrant the title to said land and will defend the same against the lawful claims of all parties whoms er; and t said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. IN WITNESS WHEREOF, the said grantor has signed Signed, sealed and delivered in jhe presence of: Witness #1 Si nature Monica L. Cook #1 Print Name: WitpOs #2 Si nature I1atricla A. Witness #2 Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE day and year first above written. The foregoing instrument was acknowledged before me this 15th day of January, 2008, by Oris Nelson, who is personally known to me or who has produced their valid Driver Licenses) as identification or who pro aced as identification and who did not take an �y MY COMMISSION # w lmg Notary Sign ..: >:xrlREs:October 13, ��t-Monica L. Cook s ,j, , tnm rwyrs r e Print Notary ame My Commissio Expires: "Experience the Difference " --CommuNiTYLANDTITLL.imet Packet Pg. 146 8.C.6 ITEM NO. (ID # 3645) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 07/26/2016 *CONSENT AGENDA\COUNTY ATTORNEY All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad Administration ("FRA") and provide advice as to how to proceed. Attached is Invoice #16452 dated May 31, 2016 and received June 27, 2016 for professional services related to All Aboard Florida: Administrative and Civil Litigation Options. Staff is requesting that the Board authorize payment of the invoice from the special fund the Board created to fund the review of the AAF project. PREVIOUS ACTION: The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015, October 6, 2015, October 20, 2015, December 15, 2015, February 9, 2016, March 1, 2016, April 5, 2016 , May 3, 2016 and June 7, 2016. FINANCIAL IMPACT: Sufficient funds are available in account string #001-1900-531000-1935 (Professional Services). :T:101► I► IVIDIA1116101 Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). COMMISSION ACTION: Packet Pg. 147 8.C.6 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/7/2016 Updated: 7/6/2016 9:39 AM by Carol Bishop Page 2 Packet Pg. 148 8.C.6.a Oertel, Fernandez, Bryant & Atkinson P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 FID# 59-2009476 Telephone (850) 521-0700 Facsimile (850) 521-0720 Daniel McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 FOR PROFESSIONAL SERVICES RENDERED Re: All Aboard Florida; Administrative an Civil Litigation Options PROFESSIONAL SERVICES May 31, 2016 Invoice # 16452 Client # 3919-001 DATE LAWYER DESCRIPTION HOURS AMOUNT May-02-16 SJF Emails re: Commissioner briefings; phone call with 1.00 $275.00 Don West; conference call with Gavalla May-03-16 SJF Review Posey letter re: FRA emails; phone call with 2.00 $550.00 West; conference call with Gavalla; review FRA plans re: meetings; review St. Lucie Village documents May-04-16 SJF McIntyre correspondence; review Rait Corridor 0.50 $137.50 analysis May-06-16 SJF Phone conference with McIntyre; email Woodruff re: 1.00 $275.00 COE; phone call with Woodruff May-09-16 SJF Emails McIntyre; conference call with Martin County 1.00 $275.00 team re: ACOE, WMD coordination May-10-16 SJF Work on Woodruff comments to USACOE 1.00 $275.00 May-11-16 SJF Work on comments to USACOE, review drafts, finalize 0.80 $220.00 and file May-12-16 SJF Monitor SFWMD e-filings; retrieve and review 1.20 $330.00 documents; work on ACOE review May-13-16 SJF Work on SFWMD letter / RAI response 2.00 $550.00 May-16-16 SJF Emails; work on WMD letter, draft; coordinate with 1.00 $275.00 other parties on status a� 0 c y C d d fC d J 4- 0 a� E a 0 a_ CU O Q a N LO tC a� 0 c Q m U- 0 U a� E cu r Packet Pg. 149 . I Matter: 3919-001 May-17-16 SJF Review WMD status, emails May-18-16 SJF Review ACOE status; Cotner email; phone call with ACOE May-20-16 SJF Monitor WMD COE status; conference call with other parties, phone call with Comm Momery May-23-16 SJF Phone conference re: upcoming meetings with FRA; review McIntyre email, link Total Hours Total Fees SUMMARY OF PROFESSIONAL SERVICES Lawyer Rate Hrs Amount Segundo J. Fernandez $275.00 14.70 $4,042.50 COSTS ADVANCED May-31-16 Copies - May 2016 - 68 @ 0.25 Consulting Services - Passarella & Associates, Inc. Total Costs Advanced Total Charges This Statement 8.C.6.a 0.40 $110.00 1.00 $275.00 1.20 $330.00 0.60 $165.00 14.70 64,042.50 17.00 3,494.03 $3,511.03 e17 ccz cz Packet Pg. 150 Jun. 23, 2016 11:51:13 OERTEL FERNANDEZ BRYANT & ATKINSON Account Summary 391901: TransTotals for Print: Totals For 391901: Grand Total: Included transaction type(s): Fax, Copy, Disb, Print, Time, Phone. 8.C.6.a Page 1 of 1 Date Range w From 5/1/2016 0:00 d To 5/31 /2016 23:59 Gross Charges Net Charges a� J 4- 0 c 17.00 17.00 O 17.00 17.00 >% CU a 17.00 17.00 to �L O ILL L R 0 Q Q LO M N LO tC r V O C Q m ILL 0 R U a; c d E t v r r Q Packet Pg. 151 8.C.6.a PASSARELLA cattsulunu ASSOCIATES z l�-nl�gisrs 13620 Metropolis Avenue Suite 200 Fort Myers, FL 33912 239-274-0067 In Account With Oertel, Fernandez, Bryant & Atkinson, P.A 2060 Delta Way Tallahassee, FL 32303 All Aboard Florida Review Project #150FB2330 (Invoice 10) June 13, 2016 For services rendered in connection with the All Aboard Florida Review project per Professional Services Agreement dated March 12, 2015. Professional services through May 31,2016 Task 3.0 Technical Review of COE Permit Annlications Billed Hours Rate Amount Administrative Assistant II 05/04/2016 Downloaded Martin County Public Notice comments 0.50 55.00 27.50 05/05/2016 Scheduled site visits to state parks (Martin and St. Lucie Counties) 1.50 55.00 82.50 05/10/2016 Comments on COE public notice 2.25 55.00 123.75 05/11/2016 Comments on COE public notice 1.25 55.00 68.75 AutoCAD IV/GIS Analyst 05/06/2016 Aerial with boundary field maps 8.00 110.00 880.00 05/10/2016 Aerial with additional wetlands 7.50 110.00 825.00 Ecologist I - Office 05/10/2016 Wetland impact review 7.00 90.00 630.00 Senior Ecoloaist III - Office 05/04/2016 Communication with Creech re: COE permit 0.50 180.00 90.00 05/05/2016 COE mapping for public notice comments 2.75 180.00 495.00 05/10/2016 Wetland analysis response to COE 6.00 180.00 1,080.00 05/11/2016 Wetland analysis 0.50 180.00 90.00 Senior Ecologist III - Field 05/09/2016 Wetland site review Martin and St. Lucie 13.50 180.00 2,430.00 Task subtotal 6,822.50 Task 99.0 Reimbursables Billed Units Rate Amount Aerial Photos (24 x 36) 05/06/2016 7.00 20.00 140.00 Color (11x17) 05/06/2016 2.00 2.65 5.30 Color (8xl1) 05/10/2016 15.00 1.35 20.25 Task subtotal 165.55 S4. Oertel, Fernandez, Bryant & Atkinson, PA Total V,.7VV.VV Invoice date 06/13/2016 Packet Pg. 152 8.J.1 ITEM NO. (ID # 3647) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division Removal of Fixed Assets from Inventory DATE: 07/26/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Per Section 23.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached, from the inventories of St. Lucie County Board of County Commissioners St. Lucie County Clerk of Circuit Court, Court Administration, St. Lucie County Health Department, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Circuit Court, Court Administration, St. Lucie County Health Department, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. COMMISSION ACTION: Packet Pg. 153 8.J.1 Coordination/Signatures h y burn, Offi e e Budget Director 7/7/2016 4anie/S. McIntyre, C my ttorney 7/7/2016 H and Tipton, Countf Administrate 7/20/2016 Updated: 7/6/2016 4:18 PM by Desiree Cimino Page 2 Packet Pg. 154 8.J.1.a PROPERTY # I DEPT. ASSETS TYPE Year Acquired 203871 Mosquito Control Radio 2000 203873 Radio 2000 203875 Radio 2000 203876 Radio 2000 203878 Radio 2000 403525 Library Microfiche Reader/Printer 1997 404303 Code Enforcement Printer 1999 404573 Library Microfiche Reader 2000 404630 & A Facilities Radio & add -on 2000 404624 & A Radio & add -on 2000 407755 Radio 2005 407786 Radio 2005 404602 & A Radio & add -on 2000 404605 & A Radio & add -on 2000 404606 & A Radio & add -on 2000 404613 & A Radio & add -on 2000 404616 & A Radio & add -on 2000 404618 & A Radio & add -on 2000 404623 & A Radio & add -on 2000 406263 Radio 2002 407754 Radio 2005 407864 Radio 2005 404607 & A Radio & add -on 2000 407869 Radio 2005 404903 Human Resources Rolling File System 2000 405080 Road & Bridge Dump Truck 2001 405081 " Dump Truck 2001 405240 Oxbow Printer 2001 405950 Code Enforcement Laptop 2002 406327 Facilities Printer 2003 407021 Road & Bridge Pick Up Truck 2004 407118 Veteran Services 15 Pass. Van 2004 407128 Media Computer/Video Work Station 2004 407491C Color Bar Generator 2005 407507 Recorder 2005 407508 Recorder 2005 407675 Webcast Server 2005 407771 Editing VTR 2005 408721 Dream Station 2006 408885 Power Supply 2007 409573 Dream Station 2008 407479 Code Enforcement Pick Up Truck 2005 Packet Pg. 155 8.J.1.a PROPERTY # I DEPT. 407823 408995 409300 409597 409598 409600 409601 409606 409607 409682 409813 409988G 410038 491042 491043 491089 491102 500139 500701 500739 500740 500741 4S6104 41F006 Lincoln Park Comm. Center Library Parks & Stadiums Solid Waste Savannas Library Golf Course Environmental Resources Code Enforcement Building & Zoning Solid Waste Oxbow Council on Aging ASSET TYPE I Year Acquired Pin Ball Machine Microfiche Reader Ice Machine Computer Computer Computer Computer Computer Computer Defibrillator Printer Plastic Card Reader Laptop Laptop Laptop Computer Computer Generator Mack Truck Tractor Refuse Cart Refuse Cart Refuse Cart 4-Barrel Recycling Center Server 2005 2006 2007 2007 2007 2007 2007 2007 2007 2008 2008 2008 2009 2001 2001 2004 2004 1994 2001 2002 2002 2002 2002 2009 Packet Pg. 156 8.J.1.b PROPERTY # COURT ADMIN. ASSETS TYPE YEAR ACQUIRED 407644 it Printer 2005 407690 & A it Computer 2005 407691 it Computer 2005 407694 it Computer 2005 407696 it Computer 2005 407698 it Computer 2005 407699 it Computer 2005 407702 it Computer 2005 407707 it Computer 2005 407708 it Computer 2005 407709 it Computer 2005 407712 Computer 2005 407716 Computer 2005 407719 Computer 2005 407724 Computer 2005 407730 Computer 2005 407731 Computer 2005 407736 Computer 2005 408606 Computer 2006 408609 Computer 2006 408610 Computer 2006 408828 Computer 2006 408829 Computer 2006 408830 Computer 2006 408831 Computer 2006 408832 Computer 2006 408838 & A DVD Duplicator 2006 409268 Computer 2007 409269 Computer 2007 410007 St. Bernard Prism 2009 I 0 r c m c E 0 L 41 a� N Q m x ii 4- 0 R 0 E m r a Packet Pg. 157 8.J.1.c Property # CLERK OF CIRCUIT COURT Assets Type Year Acauired 405414 11Computer 2001 405436 itComputer 2001 406763 V1Printer 2003 407085 itPrinter 2004 407086 V1Printer 2004 407752 itMonitor 2005 408374 V1Printer 2006 409044 itPrinter 2007 409045 V1Printer 2007 409112 itComputer 2007 409258 V1Shredder 2007 409654 itPrinter 2008 409731 V1Copier 2008 409847 itComputer 2008 410135 V1Tape Library 2009 410770 itPrinter 2012 411039 V1Scanner 2013 Packet Pg. 158 8.J.1.d PROPERTY # I HEALTH DEPT. I ASSET TYPE I Year Acauired 406089 Incubator 2002 406090 Incubator 2002 407241 Pick Up Truck 2004 408626 Printer 2006 410211 Laptop 2009 410212 Laptop 2009 410234 Laptop 2009 410235 Laptop 2009 410236 Laptop 2009 410237 Laptop 2009 410238 Laptop 2009 410239 Laptop 2009 410240 Laptop 2009 410241 Laptop 2009 410242 Laptop 2009 410243 Laptop 2009 410390 Laptop 2010 410392 Laptop 2010 410393 Laptop 2010 410395 Laptop 2010 410396 Laptop 2010 410399 Laptop 2010 410403 Laptop 2010 Packet Pg. 159 8.J.1.e Propertv # PROPERTY APPRAISER Assets Type Year Acquired 406188 " Server 2002 408159 Server 2005 408264 Server Switch Box 2005 408265 Server 2005 409458 Server 2007 409980 Server 2008 409981 Server 2008 409982 Server 2008 410146 Switch 2009 410254 Printer 2010 410258 Printer 2010 410591 Server 2011 Packet Pg. 160 8.J.1.f Property # SUPERVISOR OF ELECTIONS Assets Type Year Acquired 405055 11Printer 1999 405056 itWorkstation 1999 405077 V1Copier 2000 406794 itLaptop 2003 406910 V1Computer 2003 407417 itPrinter 2004 408223 V1Computer 2005 408582 itLaptop 2006 408583 V1Laptop 2006 409484 itComputer 2007 409509 V1Laptop 2007 409530 itLaptop 2007 410287 V1Laptop 2010 410354 itLaptop 2010 410355 V1Printer 2010 410361 itMedia Tray 2010 Packet Pg. 161 8.J.2 ITEM NO. (ID # 3652) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 07/26/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Award Bid No. 16-038, Pre -Qualification of Fencing Contractors The purpose of this bid is to establish contracts, by means of a sealed bid, to pre -qualify licensed and insured fencing contractors to furnish, install and repair various fencing, on an as -needed basis. On June 1, 2016, submittals to Bid No. 16-038 were opened. Three submittals were received, 67 companies were notified and 13 bid documents were distributed. Qualified contractors will be requested to submit written price quotations (spot market pricing) for fencing projects as required by the County. All bidders will be required to provide a written quote for any and all request for quotations submitted by the County and must indicate that they can meet or exceed the specifications. These contracts will be utilized by all County departments. The initial term of the contracts will be for a period of two years. Providing the bidder's agree to the same terms and conditions, the contracts could be extended for an additional two one-year periods for a maximum contract term of four years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from various departmental operating budgets as -needed. RECOMMENDATION: Staff recommends Board approval of the award of Bid No. 16-038, Pre -Qualification of Fencing Contractors to Adron Fence Company of Okeechobee, A Great Fence, LLC of Port St. Lucie and Stuart Fence Company, Inc of Stuart and authorization for the Chairman to sign the contracts as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 162 8.J.2 Coordination/Signatures Heather Young, Asst. County Attorney 7/13/2G6 Ho and Tipton, Count Administrato 7/20/2016 Updated: 7/20/2016 3:50 PM by Howard Tipton Page 2 Packet Pg. 163 8.J.2.a BOARD OF COUNTY COUNTY COMMISSIONERS TABULATION SHEET BID No. 16-038 PURCHASING DEPARTMENT Pre -Qualification of Fencing Contractors Barbed/ Chain Link Woven Wire Smooth Wire Adron Fence Company 1132 NE 12th Street, Okeechobee, FL 34972 X X X A Great Fence, LLC X X X 515 NW Enterprise Dr., Port St. Lucie, FL 34986 Stuart Fence Company, Inc. x X X 3264 SE Dixie Hwy., Stuart, FL 34997 0 r R L 0 U c U_ 4- 0 c 0 ca U U as L a. 06 M O to 6 z 'm E 3 a tV to to M Packet Pg. 164 8.K.1 ITEM NO. (ID # 3636) 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, Recreation, & Facilities DATE: 07/26/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Lakewood Neighborhood Park Playground Structure and Safety Surface Replacement Project In the FY16 budget, the Board approved $100,000 in MSTU funding for the Parks and Recreation Department to replace the playground and safety surface at Lakewood Neighborhood Park. Staff is requesting approval to piggyback Clay County's contract no. 13/14-8With Rep Services, Inc. to purchase and install one new playground structure and poured in place safety surface. In lieu of informal or formal quotations, or issuance of an Invitation to Bid, the County may piggyback off of contracts of other governments and agencies to procure goods and services per section 5.5 of the Purchasing Manual. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There are sufficient funds budgeted in the Parks MSTU Fund account string # 129-7215-563000-167604. RECOMMENDATION: Staff recommends Board authorization to piggyback Clay County's contract no. 13/14-8 with Rep Services, Inc. to purchase and install a new playground structure and poured in place safety surface at Lakewood Neighborhood Park at a cost of $92,491.90 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 165 8.K.1 Coordination/Signatures z� A d ;; C . — ;tom Edward Matthews, Parks, R rea ion & Fa hies Director 6/30/2016 anie SW're,,t, orney 7/7/2016 Updated: 6/30/2016 12:26 PM by Desiree Cimino Page 2 Packet Pg. 166 f!"W N, 0, 7 1 Q�13 LC -Lakewood S Neighborhood Park 7� -V �7 St. Lucie County May 11, 2016 12074-1-1 V1. I.,Ve INN rL .". A or A V Better playgrounds. Better world.0 landscape plavisi.com C. 4-ip m 110. 4.2 m w0% 0- R"FMI z " Re H w F. I 8. K.1.a j & landscape structures t �J r I Better playgrounds. Better wrll. playlsi.com i0 Proudly oudl presented tee by - Kevin Furman dhM IL T-�AAII ro"i REP SERV Experts at Play 4 Packet Pg.168 s SLC-Lakewood Neighborhood Park A St. Lucie County May 11, 2016 12074 r f• - 1'L W� '_ a� �` - ..�ro _� ��• _�� t „s {.. .+� _'- - - � _ -fr.:� _ `,�. ry � , �„ 4 _5#- ;.--„y� . � � #� ;.ra '�• �,. +Ik f' d�'S�__�.,# ��F�:r '.tij'.�?�.i�+'�f�;H:ir�M � .� �'*.., -tea. i. -�� .':� =t.��, 'r �'f+r_ t �,a• k. . •� „I 'Y�..#-i�}i }� 'y��J.'. �C5- rw'� M:"' - �'..,� J L a�, '- �i�` '["' .� *r �' •y� -'� T x I' ��+ �.�'' - �� # a`• y. 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"� "' .'7.r;'' .kr:sew -' ��`'�r� �r..r •�-` w'� +�„'' ���'`-_,y`.-:� # � t� _ �• :�L'•�z 04 ' '�•• ► ,.�.',`.-•'` "'s�. .-3:"� < �'- o� *�.-1-_?4 +'y,� Y`'i n r r � yam# f � *+.' - � b- - +H '?, ' � ' i' �� - - c �.-d��*Yti � � riAw lryi r i 1�': }' i 'i - :'r' •+�•- �'�/.�+'� rp'F ` F fi��s'] ,1 � � _ r". �"i]�'-�y�,� • AM RIM- Iwo I r 4 0 011ie 4 U5...» UNI REP SERVICES INC. 8.K.1.a � Please mail POs, contracts ExpeYfS Qt PIQy & �ufdDOY $pc7CeS Rep Services, Inc. and checks to: 581 Technology Park, STE 1009 Lake Mary, FL 32746-7127 Proposed St. Lucie County Ship St. Lucie County Bill St. Lucie County To: 2300 Virginia Avenue To: 2300 Virginia Avenue To: 2300 Virginia Avenue Fort Pierce, FL 34982 Fort Pierce, FL 34982 Fort Pierce, FL 34982 c O L Attn: Matt Baum Attn: Matt Baum Attn: Matt Baum >+ O Project No: 12074 Project Name: SLC-Lakewood Neighborhood Park Project Contact: Matt Baum a Y Proposal No: 12074.01 Proposal Name: Lakewood Neighborhood Park - Opt 1 Project Location: 6102 N. Kings Highway Proposal Expires: 6/4/2016 Fort Pierce, FL 34951 d Proposal Date: 5/5/2016 O For Questions Contact: Lori Holton A 407-712-6561 ® Iholton@repservices.com t Sales Consultant: Kevin Furman 561-333-4451 ® kfurman@repservices.com Opt/Rev: A/0 Printed: 5/5/2016 - LH 0 Vendor: Landscape Structures Proj Drawings: 12074-1-1 5515 r 4) Class Part No Qty Description Unit Price Ext Prig Z Climbers PB116247G-001 1 EA Vertical Ladder - Panel 72 1,515.00 1,515.1 p PB129453A-001 1 EA Summit Climber Odyssey 1 Sided 1,170.00 1,170.1 O 3 PB152907B-001 1 EA Deck Link w/Barriers I Steel end panels 2 Steps 1,655.00 1,655.1 Y M Decks P113111228A-001 1 EA Square Tenderdeck 830.00 830.1 J PB1 1 1229A-001 1 EA Square Deck Extension 795.00 795.1 to PB12898OD-001 1 EA PlayOdyssey DB Only Roof 7211)k 16,500.00 16,500.1 M M PB152911C-004 1 EA Curved Transfer ModulelLeft 4811)k DB 2,360.001 2,360.1 " Enclosures PB1 1 1240A-001 1 EA Balcony Deck 1,040.00 1,040.1 c PB115223A-001 PB115232113-001 PB115254A-001 1 EA 1 EA 1 EA Bubble Panel Above Deck Math Panel Ground Level Storefront Panel 690.00 1,525.00 505.00 690.1 1,525.1 505.1 N N i PB116244A-001 PB116244113-001 PB1 1 1357A-001 PB1 1 1362A-001 PB1 1 1363A-001 PB1 1 1363F-001 PB1 1 1404A-001 3 EA 1 EA 1 EA 1 EA 1 EA 1 EA 2 EA Pipe Barrier Above Deck Pipe Barrier w/WheellAbove Deck Chinning Bar Alum DB Talk Tube 40' Tubing Kit PB Talk Tube At Grade MountedIDB Only Talk Tube Deck Mounted 48DkIDB Only 148A1um Post DB 132A1um Post DB 124A1um Post DB 116A1um Post DB 84Alum Post DB Welcome Sign (LSI Provided)JAges 5-12 years Direct Bury 505.001 665.00 440.00 175.00 420.00 450.00 315.00 1,515.1 665.1 440.1 175.1 420.1 450.1 630.1 4) d ca N Q O L More Fun Posts PB1 1 1404C-001 2 EA 295.00 590.1 = O PB1 1 1404D-001 2 EA 280.00 560.1 PB1 1 1404E-001 0 EA 255.00 0.1 PB1114041-001 1 EA 225.00 225.1 a Signage IP182503C-001 1 EA 0.00 0.1 Z SlideWinder2 72113k DBI1 Straight 2 Left SlideWinder2 72Dk DBI1 Right 2 Left Slides & Gliders PB1 24863F-01 3 1 EA 2,875.00 2,875.1 2,875.1 -a 3 PB124863F-025 1 EA 2,875.00 PB130798A-001 1 EA Double Swirl Poly SlideI48Dk DB 1,835.00 1,835.1 O Product Subtotal: $41,840.( J Discount per the Clay County Contract #13/14-8: 4.00% ($1,673.E Discounted Product Total: $40,166.4 is 4 Sets of Signed & Sealed Engineering: $1,300.( Y Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 4,394 Ibs Freight Charge: $5,005.( 06 Landscape Structures Total: $46,471.4 aa) Vendor: Hanover Specialties, Inc. Proj Drawings: 12074-1-1, 12074-2-1 5515.t U Class Part No Qty Description Unit Price Ext Prig fC Q Surfacing POURED IN 1480 EA Poured in Place Safety Surfacing. 50% Black/50% Standard Color Blend at 3.5" 13.75 20,350.1 PLACE LNP thickness. Packet Pg. 170 Proposal No: 12074.01 Vendor: Irvine Wood Recovery Class Part No Surfacing RSI-EWF-DP Project Name: SLC-Lakewood Neighborhood Park Proposal Date: 5/5/2016 Product Subtotal: Discount per the Clay County Contract #13/14-8: 2.00% Discounted Product Total: Freight: Prepaid Ship Method: Best Way FOB: Destination Freight Charge: Hanover Specialties, Inc. Total: Proj Drawings: Qty Description 58 EA Engineered Wood Fiber for playground, per cubic yard Unit Price 25.00 Product Subtotal: Discount per the Clay County Contract #13/14-8: 5.00% Discounted Product Total: Freight: Prepaid Ship Method: Best Way FOB: Destination Freight Charge: Irvine Wood Recovery Total: Vendor: Rep Services Installer Item Qty Description Unit Price PERMIT FILING UTILITY LOCATES SITE WORK DEMO INS-IRN INS-LSI STORAGE DUMPSTER 1 EA Labor charge for Licensed Contractor to file for building permit from the appropriate 690.00 jurisdiction. NOTE: Permit Fees charged by the jurisdiction will be prepaid and invoiced separately and may require a change order to your Purchase Order or Contract. 1 LT Utility Locates 1,125.00 1 LT 2,650 sf - Site work 4,970.00 1 LT Demo existing equipment and sand. Paint swings, repair issues, replace parts as needed. 3,125.00 1 LT Equipment Installation 725.00 1 LT Installation Drawing No. 12074-1-1 PlayBooster® (5-12 years) - Landscape Structures 12,555.00 1 EA Storage Container for (1) month during installation 565.00 1 EA Dumpster 625.00 Rep Services Installer Total: General Terms of Sale and Proposal Summary Gov't: Net 30; Resellers: Check w/Order; Others: 50% down, Balance prior to ship Note: Orders less than $5,000 require payment with order Notes 8.K.1.a $20,350.00 ($407.0' $19,943.0 Includ $19,943.0 5515: — Ext Prig O 1,450.1 $1,450.0 ($72.E a $1,377.E $320.0 IL $1,697.E 0 55151 t L 0 Ext Prh -0 t 690.1 d Z 0 0 3 m 1,125.1 4,970.1 J 3,125.1 M 725.1 M 12,555.1 _ 565.1 c 625.1 N $24,380.0 v Product: $62,786.9 Installation: $24,380.0 Freight: $5,325.0 Proposal Total: $92,491.9 The Clay County Contract #13/14-8 provides a 5% discount on Irvine product. The maximum price for installation is 99% of the product price. (Installation does not include site prep, slabs, footings or engineering). The Clay County Contract #13/14-8 provides a 2% discount on LSI product. The maximum price for installation is 45% of the product price. (Installation doe not include site prep, slabs, footings or engineering). The Clay County Contract #13/14-8 provides a 2% discount on VitriTurf product. Installation is included in the price of the product. Basis of Proposal Our proposal is based upon your email request. Estimated project completion schedule Your order will take approximately 15 weeks from receipt to completion of installation. This includes a 4 week allowance for permitting which may take longer. RSI will respond in a timely fashion after receipt of order/contract/letter of intent/notice to proceed. Landscape Structures: When placing an order, please select colors from those shown on pages 236-238 of the catalog. Engineered Wood Fiber: *** IPEMA CERTIFIED ASTM F1292-13 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment and ASTM F2075-10a Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment. Drainage is extremely important to the long term performance of your playground surfacing. A minimum of a 8" depth of surfacing material must be maintained at all times. *** This is a natural product. Particle size, texture and color may vary from a tan to a dark brown due to the natural conditions of the environment. Freight prices are subject to an energy/fuel surcharge if implemented between the time of quote and placement of order. Vitriturf Poured in Place Surfacing: This quotation is for material, freight and installation. Packet Pg. 171 Proposal No: 12074.01 Project Name: SLC-Lakewood Neighborhood Park Proposal Date: 5/5/2016 Owner or contractor is responsible for: • All site work, site preparation and base preparation. • Accuracy of project dimensions and product quantities prior to ordering. Please specify product depth and color when ordering. • Security of the site during cure time (typically 48 hours). Dumpster at the site for trash and waste material. Installation: Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: • Site security to prevent theft or vandalism of equipment. • Water and 110 Electric. • Does not include soil density or concrete testing • Site Plan or Survey • Soils testing • Tree Survey THIS PROPOSAL DOES NOT INCLUDE PERMIT FEES ASSESSED BY THE BUILDING DEPT. Those fees will result in additional charges Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, tt installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limited to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 '/z % per month or the maximum interest rate permitted by applicable law, whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venu, for any legal action in any way related to this contract shall be in Seminole County, FL. Accepted By: St. Lucie County Company Name As Its Authorized By (Title) Printed Name Date c 3 O 8� <a FL L O a O O t L O t OM .5 Z O O 3 m O J to M tG M Packet Pg. 172 NOTES: 1. EQUIPMENT LOCATION TO BE FIELD VERIFIED PRIOR TO CONSTRUCTION 2. ACCESSIBLE ROUTE OF TRAVEL TO THE PLAYGROUND TO BE PROVIDED BY OTHERS 3. BASE MUST EXHIBIT POSITIVE DRAINAGE IN ALL AREAS TOTAL PLAY ACTIVITIES: 13 TOTAL ELEVATED PLAY COMPONENTS 9 UITAIL ELEVATED COMPONENTS ACCESSIBLE BY RAMP 0 REQUIRED 0 TAL ELEVATED COMPONENTS ACCESSIBLE BY TRANSFER 9 REQUIRED 5 °1 ITAL ACCESSIBLE GROUND LEVEL COMPONENTS SHOWN 4 REQUIRED 3 0 � TAILDIFFERENTTYPES OF GROUND LEVEL COMPONENTS 4 REQUIRED 3 .-I- cc-0 I FOR CONSTRUCTION �A� v N rin rsrn e+rrs+t►�r+rc+ ���r+ W 31'-0" i MINIMUM / USE ZONE / REQUIRED / 4863 WIND / SUDEWINDER2 I \ I 1 LH L- / U4 / RH 124863 SUDEWINDER2 CHINNI11N3G57 BAR 116244 PIPE BARRIER 115254 1 116244 72 FRONT STOREPANELPIPE BARRIER EKTENSION 129453 111240 SUMMIT CUMBER 1 BALCONY DECK PLAYODYSSEY Cn 1 I Q 11621 72" DECK DIFF. PERM. LADDER 72 / 1 116244 116244 128980 / PIPE BARRIER PLAYW� ROOF PIPE BARRIER 152907 DIRECT BURY ONLY W/WHEEL DECK UNK x 111363 \ W/BARRIERS TALK TUBE TWO STEPS 1 115223 BUBBLE PANEL 115232 48 TN PANEL \� 40 32 111363 TALK TUBE D=o1307 LEFr1 J16 DOUBLE SWIRL TRANSFER 8 POLY SLIDE / ill 362 MODULE TALK TUBE 40' TUBING KIT / 1 182503 WELCOME SIGN \ _ — (LSI PROVIDED) \ / 5-12 YEARS / 28'-1 11 EXISTING SWINGS, TO REMAIN 1480 SF POURED -IN -PLACE U FALL HEIGHT 30'-011 Lakewood Neighborhood Park - Option 1 1170 SF ENGINEERED WOOD FIBER 8' FALL HEIGHT Fnrt Piarr.P FI Attachment8.K.1.a: Lakewood NP Playground Proposal Rep Services 2016 (3636 : Lakewood Neighborhood Park Playground) PlayBooster® (5-12 years) 0 P-1 RSI PROJ: 120 DRAWING: 12074 SCALE: 1/8" = 1' �o PO X iv 8.K.2 ITEM NO. (ID # 3660) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 07/26/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Edward Matthews, Parks, Recreation & Facilities Director Parks, Recreation, & Facilities Sheraton Plaza Reserve Funding This is a request for Park's MSTU funds, available in account string #129-9910-599300-800 (Reserves), to fund specified improvement projects at Sheraton Plaza. PREVIOUS ACTION: May 3, 2016 - Previous approved agenda item #3467 for funding of project. FINANCIAL IMPACT: Sufficient funding from the MSTU fund, in account string #129-9910-599300-800 (Reserves), is a available for specified improvements. The project total of $200,000 needs to be moved into the MSTU fund account string #129-7215-546200-1905 (Maintenance Improvement Projects). RECOMMENDATION: Staff recommends Board approval to move available funds from Municipal Services Taxing Unit (MSTU) account string #129-9910-599300-800 (Reserves) to account string #129-7215-546200-1905 (Maintenance Improvement Projects). COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 7/12/2016 Packet Pg. 174 8.K.2.a ITEM NO. (ID # 3467) TO: PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks, Recreation, & Facilities Sheraton Plaza Park Improvements DATE 05/03/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES During the recession budget cuts Sheraton Plaza Park experienced equipment and infrastructure failures. As this equipment and infrastructure failed it was pulled out and was not replaced due to lack of available funding for replacement and sufficient staff to maintain it. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding will be made available for specified improvements; $200,000 in the MSTU account 129- 7215-546200-1905 RECOMMENDATION: Staff recommends Board approval to make the following improvements to the Sheraton Plaza Park: new playground structure with poured in place safety surface, replace basketball backboards, renovate and repair restroom building, refurbish ball field and bleachers. Sufficient funding is in the MSTU Fund and will be made available in account string 129-7215-546200-1905 (Maintenance Improvement Projects). COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Packet Pg. 175 8.K.2.a Coordination/Signatures _�C2fzC Lr �cf�� oft.Dimecator 4/M"M16 C C 3 ILL 41 Danief& McIntyre, my ttorney 4/22/2016 to m m N m IL a a Updated: 4/18/2016 10:37 AM by Katrina Slay Page 2 Packet Pg. 176 TO: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Jeremiah Johnson, Facilities Manager Facilities Division Fire Sprinkler Maintenance Contract 8.K.3 ITEM NO. (ID # 3666) DATE: 07/26/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES BACKGROUND: On April 27, 2016, submittals to Bid No. 16-027 for Fire Sprinkler Inspection, Testing and Maintenance were opened. One submittal was received; 88 companies were notified and eight bid documents were distributed. Bid No. 16-027 was bid in accordance with Local Preference Ordinance No. 09-005. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are budgeted in various departmental operating budgets. RECOMMENDATION: Staff recommends Board approval to award Bid No. 16-027 to Life Safety Systems, Inc., the only responsive and responsible bidder, to provide inspections, testing and maintenance of the fire sprinkler systems at County facilities, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 177 Coordination/Signatures z�AOf ;; 1. Edward Matthews, Parks, Refreafion & Fa sties Director 7/13/2016 Heather Young, Asst. County Attorney 7/13/2016 Updated: 7/18/2016 11:15 AM by Katrina Slay Page 2 Packet Pg. 178 8.K.3.a i i i i i i i W y M w A W N � 2 0 r i 2 f/1 70 N Crt n n 2�1 m m 3 o ro 0)0 o c -a o (Q a C � fD in o r = CD m m uy (D o �_ � s y c r n n c N - -�, o v co c .. o v o. -4 O ° ,C O 0 n Q. Q 91 cn fD N O Q. L CCD `� 01 m m = ID CDN n fn Ol r N M �CD n m N to CD K tG °' cM y n W (D D t7 o c (D — 13 f� _ 0� _ C7 O N N W -1 N t0 cn A N -1 N A A N N N O O DD 0 th O i -1 ? 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RES-2016-80 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners DATE: 07/26/2016 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES LEGISLATIVE PRESENTED BY: Monica Graziani, Manager, Building & Code Regulations Manager SUBMITTED BY: Building & Code Regulation Division SUBJECT: Resolution - Amending Resolution No. 13-196 to update fee schedule to waive the banner permit fee for any new business or a business that is expanding and to correct a typographical error in the fee schedule associated with permitting activities in the Building Division; and providing an effective date of September 1, 2016. BACKGROUND: In conjunction with tracking and expediting development permits for target industries, the Division of Building & Code Regulation would like to waive the fee for a banner permit on all new businesses or a business that is expanding in unincorporated St. Lucie County. The fee for a banner permit is $ 30.00. In 2015, the total revenue collected on banner permits was $ 600.00; and, 55% of the revenue collected accounted for new businesses using banners for a grand opening event . Although the fee is relatively minor, it is in keeping with the county's vision of assisting new businesses or businesses who expand their operations. In the interim, Code Enforcement implemented a new policy that allows a new business to have banners or other promotional/marketing items without penalty. If the division receives a complaint, staff reaches out to the owner by stopping in the business with a banner application. There is a minor clean up item on the fee schedule that needs to be addressed relative to a plan review fee for a residential swimming pool. The last update to the fee schedule adopted on October 1, 2013 by the BOCC authorized an increase of $ 25.00 for all permits. The fee for a residential swimming pool should have increased from $ 150.00 to $ 175.00. Therefore, a correction is necessary so that the fee schedule reflects $ 175.00 not $ 450.00 . PREVIOUS ACTION: Resolution No. 13-196 updated the Building Permit Fee Schedule on October 1, 2013. FINANCIAL IMPACT: Packet Pg. 182 8.L.1 The proposed amendment to the fee schedule may reduce annual revenues to the general fund by $ 330.00. RECOMMENDATION: Staff recommends that the Board approve the minor amendments to the building permit fee schedule to 1) waive the $30.00 permit fee on banners for any new business or a business that is expanding and 2) correct an error on a plan review fee for a residential swimming pool from $ 450.00 to $ 175.00. COMMISSION ACTION: Coordination/Signatures I �ql it �. L li I , Director Planning & Development Services 6/20/2016 Heather Young, Asst. County Attorney 7/8/2016 Updated: 7/15/2016 12:05 PM by Katrina Slay B Page 2 Packet Pg. 183 8.L.1.a RESOLUTION NO. 16-XX A RESOLUTION AMENDING RESOLUTION NO. 06-171, AS AMENDED, AND UPDATING THE VARIOUS FEE SCHEDULES ASSOCIATED WITH THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO COVER THE COST OF TECHNICAL AND ADMINISTRATIVE ACTIVITIES IN THE BUILDING DIVISION; AND PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 1, 2016. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, Section 163.3201, Florida Statutes, provides for the adoption and enforcement of regulations on development activities based upon the Comprehensive Plan for St. Lucie County. WHEREAS, Section 125.01, Florida Statutes, and the St. Lucie County Land Development Code authorize this Board to establish a schedule of fees in order to cover the costs of technical and administrative activities required pursuant to the St. Lucie County Land Development Code. WHEREAS, the Board of County Commissioners last amended the schedule of fees for building permit activities in 2013 pursuant to Resolution No. 13-196. WHEREAS, it is appropriate to modify the County's fee to properly reflect the cost of providing certain County services. THEREFORE, BE IT RESOLVED, by the Board of County Commissioners for St. Lucie County, Florida: 1. The Schedule of Fees attached hereto and incorporated herein as Exhibit "A" is hereby adopted. 2. This Resolution shall take effect September 1, 2016. ATTEST: After motion and second, the vote on this resolution was as follows: Chairman Kim Johnson XX Vice Chairman Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PASSED AND DULY ADOPTED this day of 2016. Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Packet Pg. 184 8.L.1.a APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney r� Q Packet Pg. 185 Building Permit Fees September 1, 2016 8.L.1.b ST. LUCIE COUNTY PLANNING & DEVELOPMENT SERVICES BUILDING & CODE REGULATION DIVISION Effective January 1, 2014 Resolution # 13-196 Effective September 1, 2016 Resolution # 16 - BUILDING PERMIT FEES GENERAL BUILDING PERMIT VALUATION: Construction Permit Fees shall be on valuation per square foot basis. New construction projects may include the normal trade permits in one encompassing permit fee according to the following schedule: 1. Where work for which a permit is required is started prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements in the execution of the work nor from any other penalties prescribed herein. 2. Unless otherwise stated, a Building Permit Fee is based on the multiplying the value of the building or addition by the multiplier set by resolution by the Board of County Commissioners. Such value shall be determined by using the most recent Building Valuation Data as compiled by the International Code Council (ICC). Fee is based on multiplying the value of the work authorized by the permit by .0070*. The value is determined by the Building Code Administrator. The multiplier may be evaluated at the beginning of each fiscal year to determine any modifications for approval by the Board of County Commission. Fee includes a certificate of completion or occupancy as applicable. AUTOMATED BUILDING PERMIT FEE: All building permits, zoning compliance certificates or other permits issued or authorized by the Planning & Development Services, Building & Code Regulation Division shall be subject to a five dollar ($5) administrative charge for the purpose of providing funding for future updates, improvement if necessary, replacement of the County's Automated Building Permit Software and Related Computer Programs and Information Management system (BIMS). All funds collected shall be deposited into a separate trust account and may not be used to fund or support any other computer software or hardware acquisitions that are not related to the review, processing or issuance of building permits, zoning compliance certificates or similarly issued permits or authorization. Residential Fast Track Permits Notes Fee Demolition Residential 125.00 Doors& Windows and overhead garage doors 100.00 Electrical 100.00 Fence 100.00 Gas 100.00 Page 1 of 6 J 00 r c a) E U M r a Packet Pg. 186 Building Permit Fees September 1, 2016 8.L.1.b Generator, Residential 125.00 Hot water heater change -out/ gas or electric 75.00 House Moving 75.00 HVAC New System Welectrical First time install 100.00 HVAC equipment change out 75.00 Locational Permit AG exempt 125.00 Plumbing 100.00 Residential pool /spa above -ground w/electric sub 75.00 Re -Roof shingle over shingle 100.00 Roofs - All other types of roofs stems Min 125.00 + insp Shed Less than 144 sf 75.00 Siding 100.00 Solar Hot Water Heater System Home or pool 75.00 Solar Photovoltaic PV System 75.00 Storm Shutters 100.00 Commercial Permit Types Plan Review Required Commercial permits are value based for determination of fee unless noted. Notes Fee If fee not listed then value based Aluminum Carport on existing slab 125.00 on new slab 175.00 Aluminum Site -Built Shed Min. 100.00 + insp Aluminum Screen Room On existing slab On new slab 125.00 175.00 Concrete Slab / Driveway addn. inspections may apply 125.00 Residential Pools/Spa In -Ground 475.00 Commercial Pool/Spa/Renovation Value Based Siding Value Based Pool/Spa Enclosure commercial or res 175.00 Generator, Commercial Value Based DCA Shed with & without electrical sub - over 144 square feet 150.00 Carport, on an existing slab 125.00 Carport w/ new slab 200.00 Storm Shutters, Commercial Value Based Solar Hot Water Heater System home or pool Value Based Solar Photovoltaic PV system Value Based Boat Lift with electrical sub 150.00 Page 2 of 6 J d E z M Q Packet Pg. 187 Building Permit Fees September 1, 2016 8.L.1.b Sea Wall Value Based Fence, Commercial Value Based Dock (without electric) 150.00 HVAC/Mechanical Permit New system w/electrical Value Based Screen Room change to glass 175.00 on an existing concrete slab 125.00 Glass Room / Sunroom on an existing slab 150.00 on a new slab 175.00 Deck wood Raised Patio -wood 125.00 Pole Barn non -AG Exempt 250.00 Demolition, Commercial Min. $125 Value Based Low Voltage Alarms 75.00 Mobile Home Single -wide, Modular/Installation unit, Park Model 250.00 each addn. manufactured module 100.00 Foundation 125.00 SIGNS Canopy Sin 125.00 Addn. canopy signs under same permit 75.00 Plastic face change (no increase in size) Non electric / no engineering No Permit Required Wall sign Non electric 100.00 With electric 150.00 Addn. signs under same permit w/ electric or w/o electric 75.00 All Commercial and Miscellaneous Trade permits including but not limited to plumbing, mechanical, electrical, gas, remodeling, etc., not addressed in fee schedule shall be value based as follows: $75.00 for the first $ 2500.00; $150.00 for over $2501.00 plus 1% of the amount in excess of $ 2501.00. Page 3 of 6 r J c a� E w r Q Packet Pg. 188 Building Permit Fees September 1, 2016 8.L.1.b PLAN REVIEW Plans Examination Valuations Notes Fee Plan Review fees for commercial and misc. permits are value based as follows: up to $ 2,500.00 valuation 75.00 $ 2,501.00 up to $ 50,000.00 valuation 100.00 $ 50,001.00 up to $ 100,000.00 valuation and 150.00 per every $ 50,000.00 of value 75.00 Plan Examination Fee A Plan Review Fee shall be paid concurrently with the submittal of the permit application in accordance with Florida Building Code. All plans examination fees are NON-REFUNDABLE unless there was no review performed by staff. Minimum Plan Review Fee is $75.00. Permit Type Fee Residential Plan Review & Permit Fees are based upon one & two family dwellings. All permits include 1 inspection trip. If required, each additional inspection/trip is $75.00 each Single Family Residence Contractor 250.00 Owner/Builder 350.00 Two Family Residence 500.00 Residential Pools/Spas 175.00 45400 Residential or Commercial Pool/Spa Enclosure 175.00 Plan Revisions Each revision 75.00 addn. fee per page 25.00 Each review up to 3 times for same item unaddressed 75.00 >4 for same item unaddressed 4xoriginal rev. fee Mobile Home 200.00 Modular Homes & Modular Offices 200.00 Page 4 of 6 r J c a� E w r Q Packet Pg. 189 Building Permit Fees September 1, 2016 8.L.1.b RE -INSPECTION FEES During an inspection of a structure, if it is determined the work does not meet code, a re -inspection fee may be charged. The Fee for the re -inspection shall be as follows: Fee 1 st re -inspection 75.00 2nd re -inspection 100.00 3rd re -inspection 150.00 Any re -inspection over the 3rd 150.00 Stop Work Order 100.00 ZONING FEES Application Type Notes Fee Nonconforming Lot of Rec 200.00 Flood Zone Verification Letter 25.00 Finished Floor Elevation Waiver 50.00 Zoning Verification 25.00 Administrative Variance 75.00 Lien or Violation Search Per hour Min. '/2 hour charge 20.00 Buildable Lot 50.00 Special Event Permit (Banners, pennants, and flags) ** 30.00 ** The banner permit fee shall be waived for all new businesses or a business that is expanding. Special Event Permit with Temporary Tent Use including tents and or banners 50.00 Lot Split — Residential or Commercial 250.00 Home Occupation 30.00 Zoning Compliance 70.00 Page 5 of 6 r J Co r C d E t V R r.+ Q Packet Pg. 190 Building Permit Fees 8.L.1.b September 1, 2016 r J CO r C d E t V R r.+ Q Page 6 of 6 Packet Pg. 191 8.N.1 ITEM NO. RES-2016-110 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program DATE: 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Resolution - Sunland Gardens Municipal Service Benefit Unit (MSBU) In 2002, the Board created the Sunland Gardens Municipal Services Benefit Unit ("MSBU") to fund the cost of constructing potable water and fire protection improvements within the Sunland Gardens subdivision. In 2004, the Board levied special assessments against the parcels which derive a direct benefit from the constructed improvements. As part of financing the project, the County entered into a Loan Agreement with Sun Trust Bank. The original loan amount was $370,000.00 of which $111,368.31 (plus $300+/- interest) is currently outstanding. Due to early payoffs of individual assessments, interest earned, and a lower loan interest rate, the Sunland Gardens MSBU Fund now has sufficient funds to prepay the balance of the Sunland Gardens MSBU 2006A Bonds. The attached Resolution, if adopted, would authorize the prepayment of the balance of the Sunland Gardens MSBU 2006A Bond. PREVIOUS ACTION: April 16, 2002 - Board adopted Resolution No 02-098, creating the Sunland Gardens MSBU January 6, 2004 - Board adopted Resolution No. 04-036, levying assessments on the parcels within the Sunland Gardens MSBU May 21, 2013 - Board adopted Resolution No. 13-086, authorizing early partial payment of the Sunland Gardens MSBU 2006A Bonds. FINANCIAL IMPACT: Sufficient funds are available to prepay the balance of Sunland Gardens MSBU 2006A Bonds in the Agency Funds on Hand - MSBU account of the Sunland Gardens MSBU Fund (685-000-229600-000). RECOMMENDATION: Staff recommends Board authorization to prepay the balance of the Sunland Gardens MSBU 2006A Bonds. lfue ►] "Will;1419P►I_Te"[eP►F Packet Pg. 192 8.N.1 Coordination/Signatures A\Tna% - �A�All Can We t, Public Works Directo 016 Heather Young, Asst. County Attorney 7/11/2016 Updated: 7/19/2016 10:56 AM by Katrina Slay Page 2 Packet Pg. 193 8.N.1.a RESOLUTION NO.16- M c Cn A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. c LUCIE COUNTY, FLORIDA, AUTHORIZING REDEMPTION AND PREPAYMENT IN FULL OF THE COUNTY'S SPECIAL ASSESSMENT 0 IMPROVEMENT BOND, SERIES 2006A (SUNLAND GARDENS PHASE I C' Cn MSBU); AUTHORIZING AND DIRECTING COUNTY STAFF AND UJ OFFICIALS TO TAKE ACTION IN CONNECTION THEREWITH; AND 'z PROVIDING AN EFFECTIVE DATE. ti BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to Resolution No. 94-196, adopted on September 20, 1994, as amended and supplemented from time to time and particularly as amended by Resolution No. 95-183, adopted on September 5, 1995, and as supplemented by Resolution No. 06-290 adopted on September 19, 2006 (collectively, the "Resolution"). Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Resolution or that certain Term Loan Agreement dated September 20, 2006 (the "Loan Agreement") entered into between St. Lucie County, Florida (the "County") and SunTrust Bank (the "Bank"). Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County and the Bank entered into the Loan Agreement in order to provide financing for the Sunland Gardens Phase I MSBU Project. (B) The County's obligation to repay the indebtedness arising under the Loan Agreement is evidenced by its St. Lucie County, Florida Special Assessment Improvement Bond, Series 2006A (Sunland Gardens Phase I MSBU) issued on September 20, 2006, in the original principal amount of $370,000 (the "2006A Bond"). (C) The 2006A Bond is secured by special assessments levied upon real property specially benefited by Sunland Gardens Phase I MSBU Project (the "Sunland Gardens Phase I MSBU Assessments"). (D) The 2006A Bond provides that it is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. (F) The County wishes to redeem the Series 2006A Bond by prepaying the 25048/011 /01130202.DOCv2 Packet Pg. 194 8.N.1.a outstanding principal balance thereof in full at this time, together with any interest accrued thereupon. Section 4. Redemption of 2006A Bond. County staff and officials are hereby authorized and directed to redeem the 2006A Bond by prepaying the outstanding principal balance of the 2006A Bond in full, together with any interest accrued thereupon, on August 5, 2016. The payoff amount of $70,547.11 was provided by the Bank as registered owner of the 2006A Bond and is hereby approved. The redemption shall be made from prepayments of the Sunland Gardens Phase I MSBU Assessments, moneys on deposit in the funds or accounts established for the Sunland Gardens Phase I MSBU Project, or other legally available funds of the County. Section 5. Effectiveness of 2006A Bond. Upon receipt of the prepayment contemplated hereunder by the Bank, the Loan evidenced by the 2006A Bond shall be deemed repaid and the 2006A Bond shall be deemed redeemed and no longer outstanding. [Remainder of page intentionally left blank] M c M 0 0 N vn w W 25048/011/01130202.DOCv2 2 Packet Pg. 195 8.N.1.a Section 6. Effective Date. This resolution shall take effect immediately upon its adoption. _ M c Passed and Adopted this 26th day of July, 2016, at a regular meeting duly called and held. 0 ST. LUCIE COUNTY, FLORIDA 0 (SEAL) vn w ATTEST: Clerk of the Circuit Court, ex-officio Clerk of the Board Chair, Board of County `V N 0 Commissioners N APPROVED AS TO FORM AND CORRECTNESS: County Attorney 25048/011/01130202.DOCv2 S Packet Pg. 196 8.N.2 ITEM NO. RES-2016-111 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program DATE: 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Resolution - Harmony Heights Municipal Services Benefit Unit (MSBU) 2009A Bond Payoff In 2004, the Board created the Harmony Heights Municipal Services Benefit Unit ("MSBU") to fund the cost of constructing potable water and fire protection improvements within the Harmony Heights subdivision. In 2007, the Board levied special assessments against the parcels which derive a direct benefit from the constructed improvements. As part of financing the project, the County entered into a Loan Agreement with Sun Trust Bank. The original loan amount was $1,250,000.00 of which $444,144.34 (plus $700+/- interest) is currently outstanding. Due to early payoffs of individual assessments, interest earned, and a lower loan interest rate, the Harmony Heights MSBU Fund now has sufficient funds to prepay the balance of the Harmony Heights MSBU 2009A Bonds. The attached Resolution, if adopted, would authorize prepayment of the balance of the Harmony Heights MSBU 2009A Bond. PREVIOUS ACTION: May 4, 2004 - Board adopted Resolution No 04-140, creating the Harmony Heights MSBU August 7, 2007 - Board adopted Resolution No. 07-232, levying assessments on the parcels within the Harmony Heights MSBU May 21, 2013 - Board adopted Resolution No. 13-088, authorizing early partial payment of the Harmony Heights MSBU 2009A Bonds FINANCIAL IMPACT: Sufficient funds are available to prepay the balance of the Harmony Heights MSBU 2009A Bonds in the Agency Funds on Hand - MSBU account of the Harmony Heights MSBU Fund (668-000-229600-000). RECOMMENDATION: Staff recommends Board authorization to prepay the balance of the Harmony Heights MSBU 2009A Bonds. Packet Pg. 197 8.N.2 COMMISSION ACTION: Coordination/Signatures - L T['on West, Public Works Director 016 A Heather Young, Asst. County Attorney 7/1 /20-16 Updated: 7/19/2016 10:57 AM by Katrina Slay Page 2 Packet Pg. 198 8.N.2.a RESOLUTION NO.16- 0 E L M A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING REDEMPTION AND PREPAYMENT IN FULL OF THE COUNTY'S SPECIAL ASSESSMENT r IMPROVEMENT BOND, SERIES 2009A (HARMONY HEIGHTS MSBU); N AUTHORIZING AND DIRECTING COUNTY STAFF AND OFFICIALS TO w W TAKE ACTION IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to Resolution No. 94-196, adopted on September 20, 1994, as amended and supplemented from time to time and particularly as amended by Resolution No. 95-183, adopted on September 5, 1995, and as supplemented by Resolution No. 09-284 adopted on September 22, 2009 (collectively, the "Resolution"). Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Resolution or that certain Term Loan Agreement dated September 23, 2009 (the "Loan Agreement") entered into between St. Lucie County, Florida (the "County") and SunTrust Bank (the "Bank"). Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County and the Bank entered into the Loan Agreement in order to provide financing for the Harmony Heights MSBU Project. (B) The County's obligation to repay the indebtedness arising under the Loan Agreement is evidenced by its St. Lucie County, Florida Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU) issued on September 23, 2009, in the original principal amount of $1,250,000 (the "2009A Bond"). (C) The 2009A Bond is secured by special assessments levied upon real property specially benefited by Harmony Heights MSBU Project (the "Harmony Heights MSBU Assessments"). (D) The 2009A Bond provides that it is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. (F) The County wishes to redeem the Series 2009A Bond by prepaying the 25048/011/01130199.DOCv2 Packet Pg. 199 8.N.2.a outstanding principal balance thereof in full at this time, together with any interest accrued thereupon. Section 4. Redemption of 2009A Bond. County staff and officials are hereby authorized and directed to redeem the 2009A Bond by prepaying the outstanding principal balance of the 2009A Bond in full, together with any interest accrued thereupon, on August 5, 2016. The payoff amount of $322,332.81 was provided by the Bank as registered owner of the 2009A Bond and is hereby approved. The redemption shall be made from prepayments of the Harmony Heights MSBU Assessments, moneys on deposit in the funds or accounts established for the Harmony Heights MSBU Project, or other legally available funds of the County. Section 5. Effectiveness of 2009A Bond. Upon receipt of the prepayment contemplated hereunder by the Bank, the Loan evidenced by the 2009A Bond shall be deemed repaid and the 2009A Bond shall be deemed redeemed and no longer outstanding. [Remainder of page intentionally left blank] c 0 E L r m 0 N N w 25048/011 /01130199.DOCv2 2 Packet Pg. 200 8.N.2.a Section 6. Effective Date. This resolution shall take effect immediately upon its adoption. 0 E Passed and Adopted this 26th day of July, 2016, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA r (SEAL) N Cn w By: Chair, Board of County i Commissioners r' ATTEST: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 25048/011/01130199.DOCv2 S Packet Pg. 201 8.N.3 ITEM NO. (ID # 3654) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Project Manager MSBU Program Property Clean-up Special Assessment District DATE: 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Chapter 38, Article II of the County's Code of Ordinances addresses the nuisances that arise when property is allowed to deteriorate. Section 38-28 "Lot Cleanup" prohibits the accumulation of trash, junk, debris, living and nonliving plant material, and stagnant water; excessive growth of grass, weeds and brush; windows, skylights, and doors that are not water tight; and, the keeping of fill on property. If a property is found to be in violation of this Article and the owner fails to remedy or successfully appeal the violation as set forth in Section 38-28, the County may undertake such action as necessary or useful to remedy the violation. The cost incurred by the County to remedy the violation shall be assessed against the property. If the imposed assessment is not paid in full within twenty business days, the assessment is recorded as a lien and may be levied as a non -ad valorem special assessment on the annual property tax bill and collected pursuant to Section 197.36 of the Florida Statute. As required by Florida Statute 197.36, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. PREVIOUS ACTION: July 3, 2012 - Board adopted Ordinance No. 12-011, amending Article II "Abandoned Property, Garbage, Trash, Junk, and Debris" of Chapter 1-9 by creating Section 38-28 "Lot Cleanup". October 20, 2015 - Board adopted Resolution No. 15-205, expressing its intent to use the uniform method of collecting special assessments commencing in November, 2016. FINANCIAL IMPACT: Sufficient funding is available from the advertising account in Engineering - Public Works, MSBU Transportation Trust Interlocal Fund (101001-4115-549000-400). RECOMMENDATION: Staff recommends Board authorization to advertise a public hearing for the Property Clean-up Special Assessment District to be held on September 6, 2016 at 6:00 p.m. or as soon thereafter as may be heard. Packet Pg. 202 8.N.3 COMMISSION ACTION: Coordination/Signatures - L T['on West, Public Works Director 016 AIVI - -114% b--%�PEM' Heather Young, Asst. County Attorney 7/11/216 Updated: 7/13/2016 9:06 AM by Barbara Guettler Page 2 Packet Pg. 203 8.N.4 ITEM NO. RES-2016-112 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: C.IIn1rA—T_ BACKGROUND: Barbara Guettler, MSBU Project Manager MSBU Program DATE: 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Street Lighting Special Assessment Districts - Annual Assessment Resolution St. Lucie County has 19 Street Lighting districts which are funded by non -ad valorem special assessments. The amount of each special assessment is determined by dividing the estimated cost of providing the service for the following year by the number of parcels which derive a direct benefit from the improvements. Pursuant to Article V Section 40 of the County Code of Ordinances, the Board of County Commissioners is required to adopt an Annual Assessment Resolution approving the non -ad valorem assessment roll for each fiscal year for each of the respective districts and to direct certification of the same to the Tax Collector for collection of the assessments. The attached resolution satisfies this requirement for the 19 Street Lighting Districts. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Annual Assessment Resolution for the Street Lighting Special Assessment Districts. [its]►AI► RVIUGP►I_Ts [QL1; Packet Pg. 204 8.N.4 Coordination/Signatures _ V Cw n We t, Public Works Directo 016 4aniieA. McIntyre, C my ttorney 7/7/2016 updated: 7/1/2016 12:38 PM by Barbara Guettler Page 2 Packet Pg. 205 8.N.4.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2016-2017 NON -AD VALOREM ASSESSMENT ROLLS FOR THE BLAKELY, HARMONY HEIGHTS 1, HARMONY HEIGHTS 2, HOLIDAY PINES, INDIAN RIVER ESTATES, KINGS HWY, MEADOWOOD, PALM GROVE, PALM LAKE GARDENS, PARADISE PARK, PINE HOLLOW, QUEENS COVE, RIVER PARK 1, RIVER PARK 2, SHERATON PLAZA, SOUTHERN OAKS, SUNLAND GARDENS, SUNRISE PARK, AND THE GROVE STREET LIGHTING DISTRICTS; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLLS TO THE ST. LUCIE COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This resolution of the Board of County Commissioners (the 'Board") of St. Lucie County, Florida (the "County") is adopted pursuant to Article V Section 40-137 of the County Code of Ordinances, Chapter 197, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Annual Assessment Resolution for the Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River Estates, Kings Hwy, Meadowood, Palm Grove, Palm Lake Gardens, Paradise Park, Pine Hollow, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, Sunrise Park, and The Grove Street Lighting Districts for the Fiscal Year commencing October 1, 2016. All Capitalized Terms in This Resolution shall have the meanings set forth in Article V Section 40-130 of the County Code of Ordinances. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: Packet Pg. 206 8.N.4.a (A) The Board has previously imposed Assessments upon real property located within the Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River Estates, Kings Hwy, Meadowood, Palm Grove, Palm Lake Gardens, Paradise Park, Pine Hollow, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, and Sunrise Park, and The Grove Street Lighting Districts to fund the cost of providing Street Lighting Services providing a special benefit to the real property located within such Districts. (B) Pursuant to Article V Section 40-137 of the County Code of Ordinances, the Board is required to adopt an Annual Assessment Resolution approving the non -ad valorem assessment roll for each Fiscal Year for each of the respective Districts. (C) The Board wishes to hereby confirm and approve the non ad -valorem assessment rolls for Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River Estates, Kings Hwy, Meadowood, Palm Grove, Palm Lake Gardens, Paradise Park, Pine Hollow, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, Sunrise Park, and The Grove Street Lighting Districts previously approved by Resolution Nos. 10-175, 10-164, 10-165, 10-174, 10-184, 00-287, 15- 092, 15-094, 10-182, 10-181, 00-85, 10-176, 10-178, 10-179, 10-180, 15-093, 10-186, 10-163, 10- 166, and 11-119, respectively, and to direct certification of same to the Tax Collector for collection of the Assessments in November, 2016. (D) The Assessments are imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. SECTION 4. APPROVAL AND CERTIFICATION OF ASSESSMENT ROLLS. (A) The Fiscal Year 2016-2017 non -ad valorem assessment rolls for the Blakely, Harmony Heights 1, Harmony Heights 2, Holiday Pines, Indian River Estates, Kings Hwy, Meadowood, Palm Grove, Palm Lake Gardens, Paradise Park, Pine Hollow, 2 Packet Pg. 207 8.N.4.a Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Southern Oaks, Sunland Gardens, Sunrise Park and The Grove Street Lighting Districts, all of which are on file with the Assessment Coordinator and incorporated herein by reference, are hereby confirmed and approved. (B) The Assessment Coordinator or authorized agent is hereby authorized and directed to certify the foregoing assessment rolls to the Tax Collector prior to September 15, 2016. The assessment rolls as delivered to the Tax Collector shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. SECTION 5. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affects the validity of the other provisions in this resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 26th day of July, 2016. (SEAL) ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chair Approved as to Form: County Attorney 3 Packet Pg. 208 8.N.4.a APPENDIX A - FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2016. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of 2016. ST. LUCIE COUNTY, FLORIDA Barbara Guettler, MSBU Coordinator FEW Packet Pg. 209 8.N.5 ITEM NO. (ID # 3629) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Award Bid No. 16-036 - Oleander Avenue Parallel Pipe Phase III King Orange Drive Outfall Culvert Repair The existing 54" corrugated metal pipe (CMP) in the drainage easement at 951 King Orange Drive is in need of replacement. This pipe and the associated network of smaller CMP pipes drain into Canal 10 on the west side of Oleander Avenue. The culverts will be replaced with corrugated aluminum pipe (CAP). Additionally, other pipes will also be replaced or lined. New drainage structures will also be installed. On May 25, 2016 four bids were received for Bid No. 16-036 Oleander Avenue Parallel Pipe Phase III King Orange Drive Outfall Culvert Repair Project No. 14016. The apparent lowest responsive, responsible bidder is PRP Construction Group, Inc. of Indiantown in the amount of $261,743.90. The construction budget will be established as follows: Construction $237,949.00 10% Contingency $ 23,794.90 Total Construction Budget $261,743.90 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in Stormwater MSTU- Oleander Ave Parallel Culvert (102001-4115-563000- 133602). RECOMMENDATION: Staff recommends Board approval to award the bid to PRP Construction Group, Inc., in the amount of $261,743.90 for Oleander Avenue Parallel Pipe Phase III King Orange Drive Outfall Culvert Repair and for the Chairman to sign documents as approved by the County Attorney. Packet Pg. 210 8.N.5 COMMISSION ACTION: Coordination/Signatures - L T['on West, Public Works Director 016 ),/) d1141, anie s. McIntyre, C my ttorney 7/7/2016 Updated: 7/19/2016 7:58 AM by Linda Buchanan A Page 2 Packet Pg. 211 8.N.5.a w 2 a w p IL a a� J w J > J 7 aU a w 7 z>m w. > o y a m z J Q z W 6 .N a O J C O p m'Ya m F O O N(o N O (O (o r (o OOOO M O O m �OOO m a 7 0 N N OOO M N O R O W m00000000 C O O O a O 0 0 0 0 (o (o (o o N Ci z 0 C1 mmOmN f� M m (V O V 1� O CO OOc,! 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(ID # 3631) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Michael Powley, County Engineer Engineering DATE: 07/26/2016 *CONSENT AGENDA\PUBLIC WORKS Juanita Avenue Sidewalk (21st Street to Taylor Creek Bridge) - Accept Project and Approve Final Payment The project consisted of the construction of a six-foot wide sidewalk along the north side of Juanita Avenue from 215t Street up to the Taylor Creek Bridge, roughly 2,200 feet in length. We successfully obtained slope easements from all of the residents that front our sidewalk. Otherwise, the sidewalk would require gravity wall and pedestrian handrail and these items would have significantly increased the project cost. On September 22, 2014, five bids were received. The project was bid in accordance with Local Preference Ordinance No. 09-005. Kerns Construction & Property Management, Inc., of St. Lucie County, is the lowest responsive, responsible bidder in the amount of $419,166.66. The project has been completed. Staff has monitored the construction throughout the duration. The work has been completed in general conformance to plans and specifications. PREVIOUS ACTION: July 22, 2003 - Board approved Work Authorization No. 9 to the continuing engineering services agreement with Kimley-Horn and Associates, Inc. To provide design services for the construction of a sidewalk along the north side of Juanita Avenue (East 21st Street to US1), excluding the bridge over Taylor Creek, in the amount of $29,346. September 26, 2006 - Board approval of the First Amendment to Work Authorization No. 9 (C00-10-112) for a time extension to December 31, 2006 for Roadway and Intersection with Kimley-Horn and Associates for the Juanita Avenue Sidewalk (East 21st Street to US1). March 5, 2014 - Administrative approval of Work Authorization No. 2 with Kimley-Horn and Associates, Inc. (C12-05-508) in the amount of $14,885 to update the survey and finalize the design plans and construction documents for a sidewalk along the north side of Juanita Avenue. Packet Pg. 213 8.N.6 November 18, 2014 - Board approval to award Bid No. 14-055 to the lowest responsive and responsible bidder, Kerns Construction & Property Management Inc., in the amount of $419,166.66 for Juanita Avenue Sidewalk Improvements. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the Juanita Avenue Sidewalk Improvements and approval of Final Payment. COMMISSION ACTION: Coordination/Signatures We�\tPubllc Works Directo016 n anie S. McIntyre, C my ttorney 7/8/2016 updated: 7/6/2016 10:51 AM by Linda Buchanan Page 2 Packet Pg. 214 8.P.1 ITEM NO. (ID # 3626) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Roberts, Solid Waste Director Solid Waste Perimeter Fence at Fairwinds Golf Course DATE: 07/26/2016 *CONSENT AGENDA\SOLID WASTE The Fairwinds Golf Course clubhouse and original fence was paid for through Solid Waste bond revenues. In the recent past, feral swine have begun to destroy the fairways and greens. It is recommended by experts to prohibit the feral swine from gaining access to the golf course to install a six ft. (6') fence with eighteen inches (18") of fencing in the ground. Since the original fence was installed by Solid Waste, Solid Waste funds will be utilized to complete the project. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Upon Board approval, funds will be made available in 401-3410-563000-300 (Infrastructure/ Improvements other than Buildings). RECOMMENDATION: Staff recommends Board authorization to enter into a Purchase Order under the continuing contract (C13- 09-337) with Stuart Fence Company, Inc., in the amount of $80,000.00, for the installation of a perimeter fence at Fairwinds Golf Course. COMMISSION ACTION: Packet Pg. 215 8.P.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/8/2016 Updated: 6/30/2016 11:42 AM by Katrina Slay Page 2 Packet Pg. 216 8.P.1.a jjART FENCE COMPANy � 1,VC sl- (772) 288-1151; :: i P.O.Box 2636 BONDED PROPOSAL - CONTRACT Stuart, FL 34995 CUSTOMER'S NAME ST LUCIE COUNTY LANDFILL - FAIRWINDS GOLF COURSE MARK DATE 5/26/16 STREET CiTy stATE ZIP HOME PHONE BUSINESS PHONE '. Fax ik MOBIL/SEEPERS 473-0394 FENCE UNE CLEARED: Y/N Y. su"ErE CAMMARENEM@STLUCIECO.ORG TOTALFOOTkGf—, 5500 JOB SITE: FAIRWINDS GOLF COURSE 4400 FAIRWINDS DR FT PIERCE 34946 PENCE TYPE 6' BLACK TOP HAIL WIRE FURNISH AND INSTALL 5500' OF 6' HIGH COMMERCIAL GRADE 6 GA BLACK VINYL COATED CHAINLINK FENCE WITH THREE 5' WIDE SINGLE GATES AND TWO 10' WIDE DOUBLE GATES ON SCHEDULE 40 2" SCH40 LINE POST POSTS. FENCE TO HAVE TOP TENSION WIRE ONLY AND BE TRENCHED 18" INTO THE GROUND WITH PULL POSTS EVERY 500'. THE AREA UNDER THE GATES WILL BE FILLED WITH WIRE AND TOPPED 2.5SCH40 CORNER POST WITH A CONCRETE FOOTER. TOTAL INCLUDES ALL MATERIAL & LABOR. PERMIT FEES ADDITIONAL BASED ON ACTUAL COST. GATEPOST 2.5"SCH40 ON DRIVEN POSTS WITH ALL END, PULL AND GATE POSTS IN CONCRETE - $71,000.00 3@5' WALK GATE WITH ALL POSTS SET IN CONCRETE - $80,000.00 D.D. GATE 2@10 WINE GAUGE 9GA KK TENSION WIRE TOP WOOD FENCE STYLE HEIGHT GOOD SIDE WALK GATES D.D.GATESS LINE POSTS GATE POSTS SPECIAL INSTRUCTION PVC/ALUMINUM FENCE STYLE € OTM1 "B" PRO SAIj O$TRAICTSALE ICE 1 OPTION ",I1," CONTRACT PRICE WALK GATES PERMIT D.D. GATES TOTAL LESS IDEPOSIT POOL FENCE Y j N BALANCE DUE UPON COMPLET11iN ACCEPTANCE OF PROPOSAL - CONTRACT. 'the ab"a Prkis►, speaftatdans and Twffm/conddions CUSTOMER'S Olt favor*$ We 91$ 500040my and are hereby a—vted. Stoart fianaa Corp. laaut{wrtz d ib ae, the SIGNATURE sp$$Rlad, Payment Wm be made as ou"ifto i adwre. upaa Quaing by Pumhasar thls*harrxoses a htnding.trotted: SEE REVERSE SIDE FOR WARRANTY MFORMATION APPROVED AND ACCEPTED BATE JASON PORTER Q SALES REP. STUART FENCE COMPANY, INC. IS NOT RESPONSIBILE FOR DAMAGE TO UNMARKED IRRIGATION LINES Packet Pg. 217 8.P.1.b L ?- 09 - 33 � CONTRACT THIS CONTRACT, made this 17th day of September . 2013, between ST. LUCRE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and STUART FENCE COMPANY, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: Furnish, install, and repair various fencing for St. Lucie County on an as needed basis as further described in St. Lucie County Bid No. 13- 055, made a part hereof by this reference. Contractors will be requested to submit facsimile price quotations (Spot Market Pricing) for fencing projects as required by the County. Failure to respond to two (2) consecutive requests for quotations may remove your name for the remainder of the contract period. All prices quoted must be F.O.B., destination, freight prepaid St. Lucie County, Florida with delivery and installation to the location specified at the time of order. No guarantee is expressed or implied as to the total quantity of commodities or services to be purchase under this Contract. 3. PROJECT MANAGER The Project Manager for the County is Melissa Simberlund at (772) 462-1799. The Project Manager for the Contractor is Chester Richmond at (772) 288-1151. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, 1 Packet Pg. 218 8.P.1.b has no authority to approve or execute Change Order Work except as set forth in the County Purchasing Manual. The Contractor shall keep during the term of this Contract a competent Project Manager, any necessary assistants, all satisfactory to the County's Project Manager. The Contractor, as soon as possible after the award of the contract, but prior to the Notice -to -Proceed, shall furnish in writing to the County's Project manager the name and qualifications of the Project Manager who will be in charge of the project, along with the Project Manager's cell phone/direct connect number. The County's Project Manager may reply within fourteen (14) days to the contractor in writing stating whether he/she has an objection to the proposed Project Manager or requires additional time for review. The failure of the County's Project Manager to make objection to the Contractor's Project Manager within the fourteen (14) days of receipt shall constitute an acceptance of such Project Manager. The Contractor shall not use a Project Manager to whom the County has made reasonable and timely objection. The Contractor shall not change their Project Manager without the County's consent. The County's Project Manager shall be able to reach the Contractor's Project Manager at their cell/direction connect number at all hours. The Contractor shall give sufficient superintendence to the work using his best skill and attention. At any time the County's Project Manager, with or without cause, may request that the Contractor replace any individual with an individual acceptable to the County. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 01 through 11 inclusive. B. Contractor's Bid, consisting of 11 pages. C. Bid Documents, consisting of: Call for Bids and Instructions to bidders, page 01 to 10, inclusive Special Conditions, page 11 to 13, inclusive Technical Specifications, page 14 D. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. E. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the 2 Packet Pg. 219 8.P.1.b successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TERM The term of this contract shall be for a period of two (2) years beginning on October 1, 2013 and continuing through and including September 30, 2015. Upon mutual written consent, this Contract may be extended for two (2) additional one-year renewal periods pursuant to the same terms and conditions. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 3 Packet Pg. 220 8.P.1.b Specifically, the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 11. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 12. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 4 Packet Pg. 221 8.P.1.b The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 13. INDEMNITY The Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 14. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 5 Packet Pg. 222 8.P.1.b 15. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises for limits of not less than $1,000,000 per occurrence; and 2) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers ' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 16. DEFAULT: TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project 6 Packet Pg. 223 8.P.1.b schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 17. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to 7 Packet Pg. 224 8.P.1.b employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 19. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 20. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, as may be amended from time to time. 21. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 22. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary 8 Packet Pg. 225 8.P.1.b interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 23. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Stuart Fence Company, Inc. P.O. Box 2636 Stuart, Florida 34995 Phone: (772) 288-1151 Fax: (772) 288-3035 With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 24. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the 9 Packet Pg. 226 8.P.1.b opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. ANTITRUST ASSIGNMENT The Contractor and the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments. Therefore, the Contractor assigns to the State of Florida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 29. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue 10 Packet Pg. 227 8.P.1.b shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. TNESSES: (1 (2)� STUART FENCE CO Y, I BY: PRINT NAME: TITLE: m c a� U- L d d E �L d N W M 11 Packet Pg. 228 bp� STUART FENCE COMP PO BOX 2636 ST. LUCIE COUNTY STUART, FL 34995 BOARD OF COUNTY COMMISSIONERS BIDDER'S CHECK LIST BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with your bid. Before sending in your bid, please make sure you have completed all of the following: Enclose Three (3) sets of the Bid form (one marked original and two copy), including all handwritten sections, and three (3) sets of any descriptive literature, brochures and/or supporting data. Please make and retain a separate copy of this bid package for your records. +� Bid Form, must be complete and have a manual signature (original signature) preferably signed in blue ink. tL Include 5% bid security in the form of a cashier's check, money order or bond (if / required). No xerox copies accepted. Originals only, please. J Include proof of proper licensing as stated in bid documents. Every page that has anything hand written on it, must be imprinted with the company's / name on the top right-hand corner of the page. Return bid in an envelope with the bid number and name of bid printed on the front of — P the envelope. If Fed -Ex or UPS -please keep bid in a separate sealed envelope when placing it in their packaging. Acknowledge in the bid any and all addendums issued and manually sign each addendum sheet and submit it with your bid. / Provide four (4) references, preferably Governmental. Include name, address and phone number for similar work done in past year. ✓ Erasures or other descriptive literature, brochures and/or data must be initialed by the person signing the bid. If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid tabulation to be mailed back to you. (ft�� PLEASE INITIAL AND RETURN WITH BID FORM Bid No. 13-055 Pre-Qual. of Fencing Contractors 3 Packet Pg. 229 8.P.1.b STUART FENCE COMPANY,1 PO BOX 2636 STUART, FL 34995 BID #13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. I, C �K—�G� M04 � REPRESENTING Sf u-Qi't �_ 4 Ca =AC_ Company and/or Corporation, submit my qualifications to receive Request for Quotations to furnish, install and repair fencing on an as -needed basis as required by the County. Please indicate below the type of fencing that you are requesting to be qualified to repair and install: 5�T Chain Link Woven Wire N Barbed/Smooth Wire Request for Quotations shall be submitted to: Name: C h e - f_ c-4m"aA i Title: m& Facsimile No.:(ZZ Z) UJ? —3 d 3 Telephone No.G Z) 2­6Y — ( [ 5- Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: �4h�' Fe-M C'2 C�, _ C, ADDRESS: (� 8 o X 7-6 � b/' 5-+ma l+ q9 .7 PHONE. - SIGNED TITLE: DATE: 7 — 3 ( [ Bid No. 13-055 Packet Pg. 230 Pre-Qual. of Fencing Contractors 15 STUART FENCE COMPA PO BOX 2636 BID #13-055 STUART, FL 34995 PRE -QUALIFICATION OF FENCING CONTRACTORS BID FORM Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corpora io If a Corporation, answer this: When Incorporated: In what State: If Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice -President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization. - General or Limited Partnership*: Cp St'1C 3--� ("-J--} t�e Z>i i t✓ �y (otrida-_ Bid No. 13-055 Pre-QuaL of Fencing Contractors 16 Q aD u_ a� a� E •L a� a N W M ti M M 0 M U a E 0 U aD c a� U_ r L r o: 06 r c E r a Packet Pg. 231 STUART FENCE COMPAN Questionnaire (continued) Name and Address of Each Partner: NAME ADDRESS PO BOX 2636 STUART, FL 34995 L✓coL&A (�-LL Ave, f-k-obt i�,'T: i , 1='L �a D(Sen s -ze Wit, "e— * Designate general partners in a Limited Partnership 37 Number of years of relevant experience in operating similar business: 7,0 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes () No` 14 , If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? - fAV d. If yes, please explain: ©O 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes () No If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this Qualification Form (have)(have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: , //_ Bid No. 13-055 Pre-Qual. of Fencing Contractors 17 Packet Pg. 232 STUART FENCE COMPAN PO BOX 2636 STUART, FL 34995 Questionnaire (continued) 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: 0AIG B. List all judgments from lawsuits in the last five (5) years: �i 1V[6Al C E •L C. List any criminal violations and/or convictions of the proposer and/or any of its a principals: IvIo Al N tD 7. Provide a list of at least four (4) similar and recent projects performed. 0 0 M 8. Provide a list of the company's staff or subcontractors that will be assigned to the U project with their title and function. Provide resume for the job superintendent assigned to the project. Project staff shall have at least the following personnel: a 1. Superintendent with at least three (3) years of experience. o U c,> WITNESSES: IF INDIVIDUAL: a U_ r L Signature Signature Print Name Print Name a 00 r WITNESSES: IF PARTNERSHIP: 0 E Signature Print Name of Firm Q Print Name Signature Address By: (General Partner) (Print Name) (Print Name) Bid No. 13-055 Pre-Qual. of Fencing Contractors 18 Packet Pg. 233 8.P.1.b STUART FENCE COMPANY, INC. LIST OF PROJECTS Project: SLC Regional Juvenile Detention Center Fencing 1301 Bell Avenue Fort Pierce, FL 34982 Client: Biltmore Construction Co., Inc. 1055 Ponce de Leon Blvd. Bellair, FL 33756 727-585-2084 Contract Value: $41,210.00 Project: IRC Oslo Customer Convenience Center Fencing 950 1" Place Vero Beach, FL 32962 Client: Paul Jacquin & Sons, Inc. P.O. Box 4343 Fort Pierce, FL 34948 772-465-2475 Contract Value: $42,400.00 Project: SLW K-8 School Fencing 1501 SW Cashmere Blvd. Port St. Lucie, FL 34986 Client: School District of St. Lucie County Facilities Department 327 NW Commerce Park Dr. Port St. Lucie, FL 34986 772-785-6687 Contract Value: $19,874.91 r a P.O. BOX 2636 • STUART, FL 34995 • PH: 772-288-1151 • FAX 772-288-3035 Packet Pg. 234 8.P.1.b SWART FENCE COMPANY, INC. Project: Martin County High School 2801 S. Kanner Highway Stuart, FL 34994 Client: Pirtle Construction Company 5700 Griffin Road, Suite 200 Davie, FL 33314 954-797-0410 Contract Value: $16,367.28 Project: Willoughby Overpass 5200 Willoughby Blvd. Stuart, FL 34997 Client: Sunshine Land Design, Inc. 3291 SE Lionel Terrace Stuart, FL 34997 772-283-2648 Contract Value: $16,000.00 P.O. BOX 2636 • STUART, FL 34995 • PH: 772-288-1151 • FAX 772-288-3035 Packet Pg. 235 STUART FENCE COMPAN 8.P.1.b PO BOX 2636 Chester J. Richmond -Superintendent STUART, FL 34995 OBJECTIVE: To be the largest Fence Contractor on the Treasure Coast with sales exceeding $10,000,000 per year. EDUCATION: AS, 1979, Florida Institute of Technology Underwater Technology — Graduated with Honors CERTIFICATIONS: NICET IV — Highway Construction ACI Concrete Field Technician Grade 1 ATTSA — Worksite Traffic Supervisor Nuclear Density Testing Certification Red Cross CPR/First Responder Certified WORK EXPERIENCE: 2003—Present: President of Stuart Fence Company, Inc. Stuart, FL Operation of a licensed, bonded, and insured fence organization specializing in the installation of residential, commercial, and industrial chainlink, decorative aluminum, wood, and PVC fencing. Custom MIG & TIG welding services. Annual sales of $3,500,000 to $4,500,000. 3/00-2003: Office Engineer for Keith & Schnars, P.A. Ft. Lauderdale, FL. Responsible for auditing construction estimates for accuracy and compliance with Contract documents and Florida Department of Transportation specifications for all FDOT projects in Martin, St. Lucie, and Indian River counties. 10/86-3/00: Office Engineer/Chief Inspector for Greenman -Pedersen, Babylon, NY Performed Engineering and Inspection services on various Connecticut Department of Transportation construction projects from $3,000,000 to $18,000,000. 6/80-9/86: Certified Commercial Diver for Santa Fe Diving Services, Houma, LA. Performed underwater inspection and construction of bridge substructures, oil rig installation, and pipeline inspection. PO Box 2636 * Stuart, FL 34995 772-288-1151 (Office) * 772-288-3035 (Fax) * 772-215-2024 (Cell) ChetRichmonda_yahoo.com Packet Pg. 236 STUART FENCE COMPANY, s•P.1.b Questionnaire (continued) WIT ESES: Signature Print Name PO BOX 2636 STUART, FL 34995 IF CORPORATION: S f,-tw-t -"C�'- C0 _ =Ac . Print Name of Corporation PO Rd �- 2.6 5��f k- 3 y IY5-- Address ti By: esi ent Attest: \ N, � J�� - Sec (CO ORATE SEAL) Bid No. 13-055 Pre-Qual. of Fencing Contractors 19 Q aD u_ L d d E �L a� a N w M Packet Pg. 237 STUART FENCE COMPAN 8.P.1.b PO BOX 2636 BID #13-055 STUART, FL 34995 PRE -QUALIFICATION OF FENCING CONTRACTORS BID FORM CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished similar services. 1) Company Name c1`lav 4tiv� �ou�1 k; �rY�t;i�tet'cYYt Address ?Li i I'1rl rrA� t2d.. �tya� tFL.-3Lfg47 Contact Person nki lit_ Telephone Number Q-5Mi-5q-a7 l 77a-;? ;;?b --711 Facsimile Number -7-7a-'atU- 5955 2) Company Name �� rne5 t3 f i ,�-I le, �n5�►'�� ki nr� Address Contact Person �rCt t ►� •' %i v-� Telephone Number 0 k(n l Facsimile Number c1�54t. "-M' l' (-330 3) Company Name Pia - u r1 15 _i �ilL Address Q.C.ib,�- Lf 3W3 } rcrf- Pi ei-oe-, 1;�L 3� 4S3 Contact Person Ems- -via �-� i Telephone Number -1-79 - `i" - 2LfI'S Facsimile Number -7-7 �R - �Z1 b - <�;8ct l 4) Company Name (A fxlhc:y- Cor-N:t h'L.�-hD►n %, Lt-vc , Address -�3Lb Cenive-tr�k- i,,)ez�,t i ivy; 'Z>u,-tz IL�b Contact Person J ��-�-C. Telephone Number `�co! ' 6S9 - S<& Facsimile Number 5(e(- ("S'i - '�C-iJ Bid No. 13-055 Pre-Qual. of Fencing Contractors 20 Packet Pg. 238 STUART FENCE COMPA s.P.1.b PO BOX 2636 STUART, FL 34995 Certification Statement Local Preference Vendor I certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed, staffed office or distribution point located in and having a street address within St. Lucie, Indian River, Martin or Okeechobee County for at least one year prior to the issuance of the request for competitive bids or request for proposals by St. Lucie County; and (2) That my company holds any business or contractor license required by St. Lucie County and/or can document payment of business license taxes in St. Lucie County; (3) That my company is principal offeror who is single offeror; a business which is the prime contractor and not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses. (4) Attached is a copy of a business or contractor license and/or business tax receipt for St. Lucie County, Indian River, Martin or Okeechobee Counties to verify that I have been in business at least one year prior to the issuance of the Request for Bid or Proposal. Company Name: /'�taN T e C - Co -_i—,� C.- Address: PO & K U% S-tV4 qf.- Business or Contractor License Number: oo�cv'l'- Phone Number: Z 7 L Z$B� —�l ( Fax Number: 72 7 Owner's Name: C ke Ski— "/"4a� Signature: Sworn to before me this � day of k"u� i aO13 NOTARY KBLIC-ST ATE OF FLORIDA Notary Public for the State of �oKlcla... My Commission Expires Debc'Ln V. Nance Commission # DD980801 NotaryPublic Signature: Expires: F:PR.12, 2014 9 Lvn. - Printed Name: - g0-DINGC0,INc VENDOR DO NOT COMPLETE BELOW To be verified and completed by an authorized representative from St. Lucie County Purchasing Division: Vendor Certified by: Date: (Authorized Signature) To be approved as a local bidder and receive bid preference on an eligible local project, this certification and a copy of your local business or contractor license must be submitted with your bonafide Bid/RFP package. Bid No. 13-055 Pre-Qual. of Fencing Contractors 2] m c aD u_ m m E •L m a N W M ti M M rn 0 M_ U c a 0 U aD c a� u- a 06 c a� E t R a Packet Pg. 239 8.P.1.b BID # 13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS DUE DATE: WEDNESDAY, AUGUST 21, 2013 DUE TIME: 3:00 P.M. St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (772) 462-1700 Bid No. 13-055 PRE-QUAL. FENCING CONTRACTORS Packet Pg. 240 8.P.1.b BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CALL FOR BIDS Sealed bids will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00 P.M. local time on Wednesday, August 21, 2013, for the following: BID #13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS Bid documents may be obtained via the Internet by using the County's website at hftp://www.co.st-lucie.fl.us. If you do not have internet access, you may obtain the documents by calling DemandStar by Onvia at 800-711-1712 and request document number #13-055 or contact the Office of the Purchasing Division at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. Bids may be mailed or hand delivered to the St Lucie County Purchasing Department, 2300 Virginia Avenue, 2"d Floor Rm. 228, Fort Pierce, FL 34982. All Bids must be received in at the Purchasing Department. Any bids received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at hftp://www.co.st-lucie.fl.us St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Desiree Cimino, Purchasing Manager PUBLISH: Sunday, July 21, 2013 Bid No. 13-055 PRE-QUAL. FENCING CONTRACTORS Q c aD U_ L d a� E •L a� a N W n Packet Pg. 241 8.P.1.b ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BIDDER'S CHECK LIST BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with your bid. Before sending in your bid, please make sure you have completed all of the following: Enclose Three (3) sets of the Bid form (one marked original and two copy), including all handwritten sections, and three (3) sets of any descriptive literature, brochures and/or supporting data. Please make and retain a separate copy of this bid package for your records. Bid Form, must be complete and have a manual signature (original signature) preferably signed in blue ink. Include 5% bid security in the form of a cashier's check, money order or bond (if required). No xerox copies accepted. Originals only, please. Include proof of proper licensing as stated in bid documents. Every page that has anything hand written on it, must be imprinted with the company's name on the top right-hand corner of the page. Return bid in an envelope with the bid number and name of bid printed on the front of the envelope. If Fed -Ex or UPS -please keep bid in a separate sealed envelope when placing it in their packaging. Acknowledge in the bid any and all addendums issued and manually sign each addendum sheet and submit it with your bid. Provide four (4) references, preferably Governmental. Include name, address and phone number for similar work done in past year. Erasures or other descriptive literature, brochures and/or data must be initialed by the person signing the bid. If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid tabulation to be mailed back to you. PLEASE INITIAL AND RETURN WITH BID FORM Bid No. 13-055 Pre-Qual. of Fencing Contractors 3 Packet Pg. 242 8.P.1.b BID #13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS 1.0 INSTRUCTIONS TO BIDDERS 1.1 SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The BID NUMBER, ENHANCED SWALE MAINTENENACE, AND OPENING DATE AND TIME shall be clearly displayed on the sealed envelope. The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the bidder. Any bid received in the Purchasing Department after the specified date and time will not be accepted. If the bid is to be delivered by Fed-X, UPS, or other such carrier, be sure to include the bid number on the Air Bill. The bid must be in a separate sealed envelope inside the carrier's envelope. If a carrier's package is opened and the bid is not in a separate envelope it will be resealed and reopened at the designated date and time. 1.2 EXECUTION OF BID: Bid must include a manual signature of an authorized representative in the space provided. All bids must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids, or corrections, not initialed will not be tabulated. 1.3 BID OPENING: Bid opening shall be public on the date and time specified. Bid must be submitted on forms provided by the County. No other forms will be accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of sixty (60) days unless otherwise specified. 1.4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is required to enclose a stamped, self-addressed envelope with bid response. 1.5 NO BID: If not submitting a bid, respond by returning one copy of the form, marking it "NO -BID, and explain the reason. 1.6 BID SECURITY: Bid Security may be in the form of a cashiers check or bid bond in the amount of five percent of the base bid or bid on an annualized basis. Personal or company checks will not be accepted. If required, under Section 1.41, the bid security must be submitted with the bid. 1.7 CLARIFICATION/CORRECTION OF BID ENTRY: The County of St. Lucie reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors. Bid No. 13-055 Pre-Qual. of Fencing Contractors Q aD a_ L a� a� E �L a� a N W Packet Pg. 243 8.P.1.b 1.8 INTERPRETATION: Any questions concerning conditions and specification shall be directed to the Purchasing Department. All questions shall be in writing and received by the Purchasing Department at least 7 working days prior to the bid opening. Those interpretations, which may affect the eventual outcome of this bid, will be furnished, as written addendums, to all prospective bidders. No interpretation shall be considered binding unless provided in writing by St. Lucie County. 1.9 EEO STATEMENT: St. Lucie County believes in equal opportunity practices which conform to both the spirit and letter of all laws against discrimination and is committed to nondiscrimination because of race, creed, color, sex, age, or national origin. 1.10 PRICING: Firm prices shall be bid and include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of St. Lucie to a secure area of inside delivery. Pricing shall also include installation when required. The obligations of St. Lucie County under this award are subject to the availability of funds lawfully appropriated for the purpose by the State of Florida and/or the Board of County Commissioners. 1.11. ADDITIONAL TERMS & CONDITIONS: The County of St. Lucie reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 1.12 TAXES: The County of St. Lucie is exempt from all sales, use and like taxes. 1.13 DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest net cost for bid evaluation purposes. 1.14 MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be new, the latest model in current production and shall be of good quality, workmanship and material. The bidder represents that all equipment offered under this specification shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. 1.15 EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information only and not to limit competition. Bid any brand, which meets or exceeds the quality of specifications listed for any item. If the bid is based on equivalent products, indicate on the bid form the manufacturer's name and number and indicate any deviation from the specifications as listed. Include fully descriptive literature on item(s). Lacking any written indication of intent to quote an equivalent brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. 1.16 SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point shall be Bid No. 13-055 Pre-Qual. of Fencing Contractors Q aD a_ L as as E a N W M Packet Pg. 244 8.P.1.b regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement. 1.17 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 30 days following opening of bids. Each individual sample must be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver required samples, or clearly identify samples as indicted, may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Purchasing Director. 1.18 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. 1.19 ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies which may become due hereunder are not assignable except with the prior written approval of the Purchasing Director. 1.20 LIABILITY: The bidder shall indemnify and hold harmless the County of St. Lucie, its officers, agents, and employees against any claims by third parties arising out of the acts or omissions of the supplier. 1.21 PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the County of St. Lucie, its officers, agents and its employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, patented, or un patented invention, process, or article manufactured or used in the performance of the contract, including its use by the County of St. Lucie. If the bidder uses any design, device, or materials covered by letters, patent, copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work. 1.22 TRAINING: N/A 1.23 ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Those items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result in that vendor name being removed from the bidder list and the vendor disqualified for doing business with the County of St. Lucie. Bid No. 13-055 Pre-Qual. of Fencing Contractors 6 Packet Pg. 245 8.P.1.b 1.24 SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies. 1.25 WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County of St. Lucie by any other provision of this bid. 1.26 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. 1.27 PAYMENT: Payment will be made by the County after the items awarded to a vendor have been received and/or installed, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.28 DISPUTES: In case of any doubt or difference of opinion as to the items furnished hereunder, the decision of the County shall be final and binding on both parties. 1.29 LEGAL REQUIREMENTS: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.30 OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the proceeding. 1.31 DEFINITIONS: COUNTY -The term COUNTY herein refers to the County of St. Lucie, Florida and its duly authorized representatives. BIDDER -The term BIDDER used herein refers to the dealer/manufacturer/business organization submitting a bid to the County in response to this invitation. Bid No. 13-055 Pre-Qual. of Fencing Contractors Q c aD a_ L a� a� E a N W M Packet Pg. 246 8.P.1.b VENDOR -The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awarded a contract pursuant to the terms conditions and quotations of the bid. USING AGENCY -The term USING AGENCY used herein refers to any department, division, agency, commission, board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of St. Lucie. HEAVY DUTY -The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. DISTRICT -The term DISTRICT herein refers to the St. Lucie Mosquito Control District and its duly authorized representatives. 1.32 CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose, with their bid, the name of any officer, director or agent who is also an employee of St. Lucie County. Further all bidders must disclose the name of any County employee who owns directly or indirectly any interest in the bidder's firm or any of its branches. 1.33 NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County unless otherwise provided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required the Seller may be given telephone notice to be confirmed by an order in writing. 1.34 MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity to the initiation of any such change. 1.35 OCCUPATIONAL LICENSE: No person shall engage in or manage any Business Profession or Occupation in St. Lucie County for which an occupation license tax is required unless a County License shall have been procured from the Tax Collector for St. Lucie County. 1.36 ADDENDA TO THE BID: St. Lucie County reserves the right to amend this bid or request additional clarifying information from any or all bidders prior to determination of award. Any changes to this bid will be made available for all prospective bidders to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the bidder to ensure it is received. 1.37 PERMITS AND FEES: The Vendor shall procure necessary and incidental t Bid No. 13-055 Pre-Qual. of Fencing Contractors and pay for all licenses, charges and fees and give notices the due and lawful prosecution of the work. The cost of all Packet Pg. 247 8.P.1.b permits and impact fees shall be paid by the County unless specifically itemized elsewhere in these documents. 1.38 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: This bid may be expanded to include other governmental agencies. Each political entity will be responsible for execution of its own requirements with the awarded vendor. 1.39 AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days after written notice of award, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. Q 1.40 PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction 3- for a public entity crime may not submit a bid on a contract to provide any goods or services a to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the a County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. ti The County will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA" )]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 1.41 BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding Company with a Best Insurance Guide's rating of "A" or better and must be licensed or authorized to do business in the State of Florida. Certificates of insurance, Public Construction Bonds and/or Maintenance Bonds must be received by the applicable County office prior to actual commencement of the project. All certificates of insurance shall list the county as Additional Insured and reference the specific project. Please note that where applicable the following bond and insurance requirements supersede those set forth in the sample contract. BONDS A. No 5% Bid Security B. No 100% Maintenance Bond years C. No 100% Public Construction Bond (see bid form) INSURANCE A. Yes Worker's Compensation Bid No. 13-055 Pre-Qual. of Fencing Contractors Packet Pg. 248 8.P.1.b $500,000 by accident - each accident $500,000 by disease - each employee $500,000 by disease - policy limit B. Yes Commercial General Liability $1,000,000 per occurrence $2,000,000 per job aggregate C. Yes Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage $1,000,000 D. No Builder's Risk (all risks for the total construction cost of the project) E. No Professional Liability $1,000,000 aggregate F. No Other 1.42 REJECTION OF BIDS: The County of St. Lucie reserves the right to reject any or all bids, to waive informalities, and to accept all or any part of any bid as may be deemed to be in the best interest of the county. Bid No. 13-055 Pre-Qual. of Fencing Contractors 10 Packet Pg. 249 8.P.1.b BID #13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS 2.0 SPECIAL CONDITIONS: 2.1 LOCAL PREFERENCE: In accordance with the St. Lucie County Local Preference Ordinance No. 09-005, a preference will be given to bidders who have a fixed office or distribution point located in and having a street address within St. Lucie, Indian River, Martin or Okeechobee County for at least one year immediately prior to the issuance of the request for competitive bids or request for proposals by the County. The fixed office or distribution point must be staffed. Post office boxes are not verifiable and shall not be used for the purpose of establishing a physical address and who hold a valid Local Business Tax Receipt (Occupational License) issued by the County that authorizes the bidder to provide the goods and services to be purchased. (a) Preference in purchase of commodities and services by means of competitive bid. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, St. Lucie County and its agencies and instrumentalities, will give preference to local businesses in the following manner: Competitive bid (local price match option). Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local business submits the lowest bid, and the bid submitted by one or more qualified and responsive local businesses is within five percent of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non -local bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Division shall determine if the lowest local bidder meets the requirements of 287.07, Florida Statutes. If the lowest local bidder meets the requirements of 287.07, Florida Statutes, the Purchasing Division shall invite the lowest local bidder in writing to submit a matching offer to the Purchasing Division which shall be submitted in writing to the Purchasing Division within five business days thereafter. If the lowest local bidder submits a written offer that does not match the lowest bid from the non -local bidder tendered previously, the next lowest fully qualified local bidder will be given the opportunity to match if they are within five percent. This cycle shall be repeated until there are no remaining local bidders within five percent, and then award shall be made to the non -local bidder. If the lowest local bidder does not respond, declines or is unable to match the lowest non -local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.07, Bid No. 13-055 Pre-Qual. of Fencing Contractors Q aD LL L a� a� E �L d N W Packet Pg. 250 8.P.1.b Florida Statutes, and the lowest non -local bidder does, the lowest local bidder will be disqualified and the next lowest bidder will be considered if they are within five percent, award will be made to the bidder that meets the requirements of the referenced state law. In the event a local bidder is awarded a contract pursuant to this section, all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners. 2.2 PURPOSE: The purpose of this bid is to establish a contract(s), by means of sealed bids to furnish, install and repair fencing on an as needed basis. 2.3 TERM OF CONTRACT: This contract shall commence the day after date of award by the St. Lucie Board of County Commissioners, Florida and shall remain in effect for a period of two (2) years. Providing the successful bidder(s) will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year-to-year basis. 2.4 METHOD OF AWARD: Award of this contract may be made to the those firms who are deemed to be qualified to provide the services as specified herein, and whose bid is the most advantageous to the County. 2.5 PAYMENT: Payment will be made upon receipt and acceptance of each order. No down or partial down payments will be made. All bid prices must be F.O.B. destination; freight prepaid St. Lucie County, Florida with delivery to the location specified at the time of order. 2.6 CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact: Desiree Cimino, Procurement Coordinator, (772) 462-3581. 2.7 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Purchasing Department, 2300 Virginia Ave., Ft. Pierce, FL 34982-5652; fax: (772) 462-1704. The bid title and number shall be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to the scheduled bid opening date. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.8 SPOT MARKETING PRICING: Qualified contractors will be requested to submit facsimile price quotations (Spot Market Pricing) for fencing projects as required by the County. Bidders desiring to provide quotations must indicate on the Bid Form, that they can meet or exceed the specifications herein, the facsimile number and contact name where the quotations Bid No. 13-055 Pre-Qual. of Fencing Contractors 12 Q aD a_ L d a� E a N tD Packet Pg. 251 8.P.1.b request is to be addressed. Failure to respond to two (2) consecutive requests for quotations may remove your name for the remainder of the contract period. 2.9 PROPERTY. Property owned by St. Lucie County is the responsibility of St. Lucie County. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of St. Lucie County. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to St. Lucie County shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any. 2.10 REFERENCES: Each bid must be accompanied by a list of references, which shall include the name of the company, a contact person, telephone, and facsimile number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.11 BID SUBMITTAL: All bids submitted shall include the completed Bid Form and all required product information and any other items as indicated on the Bid form. Bids may be considered "Non -Responsive" if the required information is not submitted by the date and time specified. 2.12 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder; maintains a permanent place of business; has technical knowledge and practical experience included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incidental to the work; has not had just or proper claims pending against him or his work; and has provided similar services 2.13 LATE BIDS: St. Lucie County cannot be responsible for bids received after opening time and encourages early submittal. Late bids shall be rejected. 2.14 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. 2.15 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND TWO COPIES of the Bid Form and all required and any other items as indicated on the Bid Form must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. Bid No. 13-055 Pre-Qual. of Fencing Contractors 13 Q aD a_ a� a� E a N W Packet Pg. 252 8.P.1.b BID #13-055 PRE -QUALIFICATION OF FENCING CONTRACTORS 3.0 TECHNICAL SPECIFICATIONS: 3.1 SCOPE: The purpose of this proposal is to establish a contract(s), by means of sealed bids with licensed and insured fencing contractors to furnish, install and repair various fencing, on an as needed basis. 3.2 SPOT MARKET PRICING: Q Qualified contractors will be requested to submit facsimile price quotations (Spot Market Pricing) for fencing projects as required by the County. Bidders u_ desiring to provide quotations must indicate on the Bid Form that they can meet or exceed the specifications herein, the facsimile number and contact name where the quotations request is to be addressed. Failure to respond to two (2) consecutive requests for quotations may remove your name for the a remainder of the contract period. All prices quoted must be F.O.B., N destination, freight prepaid St. Lucie County, Florida with delivery and installation to the location specified at the time of order. ti 3.3 BIDDER QUALIFICATION: Bidders shall be fully licensed to perform all aspects of fencing repair and installation and shall have a minimum of three (3) years of similar documented experience. Bidders shall provide copies of insurance certificates, W-9 and valid licenses as part of their sealed bid. NOTE: Bidders shall pay particular attention to the insurance requirements set forth in Paragraph 1.41 of the Instructions to Bidders. Bid No. 13-055 14 Pre-Qual. of Fencing Contractors Packet Pg. 253 A Great Fence j' A Great Fence 515 NW Enterprise Drive, Port St Lucie, FL 34986 (772) 812-0223 Main (772)408-0272 Fax www.agreatfence.com 8.P.1.c Quote Date: 5/12/2016 Quote #: )4 Page #: 1 Proposal / Contract Contractor: Contact: Address: City: Phone: Cell: Email: I Customer ST LUCIE COUNTY MARK CAMMARENE State: FL Zip: 772-473-0394 Fax: Work: cam marenem(@stlucieco.org Name: Address: City: Bid Date: I Project FAIRWINDS GOLF CLUB FENCE 4400 FAIRWINDS DRIVE FT PIERCE, FL 34946 ASAP CHAIN LINK SPECIFICATION PROJECT DETAILS STYLE OTR BASE BID - FURNISH & INSTALL STANDARD COMMERCIAL GRADE 5,500 LF X 6 FT TALL BLACK VINYL CHAIN LINK FENCE W/ COMMERCIAL GRADE 6 GA FABRIC 5 EA X 5' W IDE X 6 FT TALL 2" SS20 SINGLE SWING GATES 1 5/8" SCH 40 TOP RAIL 2" SCH 40 LINE POSTS 2 1/2" SCH 40 TERMINAL POSTS - STRETCH POSTS @ 350' O.C. 32 EA X 1 5/8" SCH 40 BRACE ASSEMBLIES @ TERMINAL POSTS 6 GA HD BOTTOM TENSION WIRE ALL FENCE TRENCHED 18" DEEP INTO GROUND i 120• $ 110,7 TOTAL HEIGHT 72" FABRIC HEIGHT 72" FABRIC TYPE VINYL GAUGE 6 MESH 2" SELVAGE KK BARB WIRE N/A TOP RAIL 1 5/8" LINE POST 2" END POST 21/2" CORNER POST 21/2" WALK GATE POST N/A DRIVE GATE POST N/A GATE FRAMES: SGL N/A GATE FRAMES: DBL N/A FRAME COATING BLACK LINE POST FOOTERI 8 X 24 TERM POST FOOTER 10.24 GATE POST FOOTER N/A ORNAMENTAL SPECIFICATION TYPE N/A COLOR N/A STYLE N/A # OF RAILS N/A PICKET SIZE N/A POST SIZE N/A FOOTERS N/A -+I 1- -.1 1.- 101. 6" ENGINEERING OF EQUIPMENT LOCATION, POWER TO EQUIPMENT, ANY NECESSARY CONDUIT WORK, TRENCHING, CONCRETE OR ASPHALT REQUIREMENTS, SHEET ROCK CUTTING/REPAIRS, LANDSCAPING, PROGRAMMING OF SYSTEM CREDENTIALS DATABASE OTHER THAN BASIC SETUP AND CONFIGURATION. REMOVAL OF EXISTING FENCE, PERMITS, TRENCHING, ELECTRICAL GROUNDS, CLEARING & GRUBBING SIGNED & SEALED DRAWINGS & CALCS, CREDIT CARD PAYMENT, HARD DIG (ROCK, ASPHALT, CONCRE- NOTES: N v C N u- L d E a co N t0 M u- It On 00 T- W H 0 D CY u- Q i.i d ar C N E t C� a+ Q GRAND TOTAL 110 7 J Approval of Proposal / Contract: The project price, specifications and Terms / Conditions on page 2 are accepted. A Great Fence, LLC is authorized to do the work specifi on signing by Purchaser this becomes a binding contract. SEE REVERSE SIDE FOR TERM / CONDITIONS AND WARRANTY INFORMATION. - CUSTOMER ACCEPTANCE - A GREAT FENCE, LLC SIGNATURE: TITLE: DATE: BY: Ovi Morales - 561-584-4002 Cell TITLE: Estimator DATE: May 12, 2016 THANK YOU FOR YOUR BUSINESS! Packet Pg. 254 8.P.1.d OKEECHOBEE VERO BEACH SEBRING (863)763-6255 (772)562-0022 (863)385-4493 JOB NAME: JOB ADDRESS: `��� t` u t STUART BELLE GLADE 303 (772)283-4540 (561)924-3419 DATE:' -ti CONTACT: FORT PIERCE (772) 465-3890 NO PHONE: MAILING ADDRESS: MOBILE:-i`r �- FAX: EMAIL ADDRESS: Cjgi#mff,,ZF-,x1E"'E TTwccero, JOB#: DIRECTIONS; PERMIT #: I/�C� ' � j�%7G� e' STYLE FENCE f-� cJ 7 C POOL CODES � s �DvQr� HEIGHT _ FOOTAGE SSt� Q C J$To e r T� S a ram' I;VS 4PJI HEIGHT FOOTAGE SELVAGE LO,� T67 a S. WIRE j �%a- I f'I RC.�LS / !%a -r / CONCRETE LINE POST $ 0 $ ui �r QLtj/;VJ4V WCV7r A04 . , _ ri 1 CONCRETE T r _ --- — TERMINAL POST P05T5PRCE TOP/BRACE/BOTTOM RAIL O.C. TENSION WIRE BARBED WIRE WALK GATES SIZES FRAME �3 WALK GATE SIZE FRAME Z/ � r, CONCRETE WALK GATEPOST. 1 o RIVE GATE ^ SIZEFRAME h CON FTE DRIVE GATE POST DRIVE GATE SIZE FRAME �j� CONCRETE DRIVE GATE POST iT CORE DRILL/ASPHALT YES PRORLINES CLEARED f No YES PROP. MARKS VISIBLE R No SPECIAL INSTRUCTIONS 099 WWIPf oa 96ew C115CrVER' �� vnfrl h e?aI Lav19U ADD -Perm 14- i' gr ee d ,e a rx.,_t CO5,:r /4 a ?f * } rr.P,,r4 -, , Q (Adron Fence is not responsible for being directed to dig on top of any unmarked sprinkler lines.) CUSTOMER APPROVAL: COST/ 935DEPOSIT BA -ANC TERMS 1 3 ,0a) 4 � ? ' THIS PRICE EFFECTIVE UNTIL PERSONNEL INSTALLER DATE Packet Pg. 255 9.A.1 ITEM NO. ORD-2016-12 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: 07/26/2016 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts Subsection 7.10.03.A of the Land Development Code currently limits the number of dogs and cats over the age of four (4) months in residentially zoned districts to a total of three (3) animals. The Animal Shelter Standards Committee is recommending that this number be increased to five (5). Based upon the professional experience of its members, the Committee determined this number to be more realistic for responsible pet owners. During the February 18, 2016, public hearing, the Planning and Zoning Commission raised issued with regard to the application of the proposed ordinance to agricultural operations and the potential impact on local animal shelters. Following the February 18, 2016 public hearing, staff contacted the St. Lucie County Humane Society and Dogs and Cats Forever regarding the proposed ordinance. Both agencies indicated support for the ordinance because the number of potential adopters would increase if pet owners were able to bring more animals into their homes. In addition, staff revised the proposed ordinance to address concerns with regard to the impact on the agricultural properties which use working dogs. The following list of zoning districts has been specifically excluded from the definition of "residential district" for the purpose of this section: AG-1, AG-2.5; AG-5, AR-1 with agricultural classification pursuant to Section 193.461, Florida Statutes, for tax purposes; or PUD where livestock is permitted. This corresponds to the list of zoning districts in Section 6-19 of the Code of Ordinances which are exempt from the definition of "nuisance" as related to excessive barking in recognition of the role working dogs play in local agricultural operations. PREVIOUS ACTION: On February 18, 2016, the Planning and Zoning Commission continued the public hearing on the proposed ordinance to the April 21, 2016 meeting at 6:00 p.m., or as soon thereafter as may be heard. On April 21, 2016, the public hearing was further continued to the May 19, 2016 at 6:00 p.m., or as soon thereafter as may be heard. On May 19, 2016, the Planning and Zoning Commission voted 6-1 to recommend the Packet Pg. 256 9.A.1 Board of County Commissioners adopt the proposed ordinance. On July 5, 2016, the Board of County Commissioners held its first public hearing on the proposed ordinance. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed ordinance as drafted. COMMISSION ACTION: Coordination/Signatures updated: 7/15/2016 3:56 PM by Katrina Slay Page 2 Packet Pg. 257 9.A.1.a ORDINANCE NO. 2016-XX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, AMENDING SUBSECTION 7.10.03.A (ANIMALS IN RESIDENTIAL DISTRICTS) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF DOGS AND/OR CATS FOUR (4) MONTHS OF AGE OR OLDER FOR ANY DWELLING UNIT FROM THREE (3) TO FIVE (5) AND FURTHER DEFINING "RESIDENTIAL DISTRICTS" FOR THE PURPOSES OF THIS SECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the Animal Shelter Standards Advisory Committee has recommended to the Board of County Commissioners of St. Lucie County, Florida, that Subsection 7.10.03.A of the Land Development Code be amended to increase the number of dogs and/or cats over the age of four (4) months permitted per dwelling unit in residential districts from three (3) to five (5); and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolution necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On XX XX, 2016, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted. 4. On XX, XX, 2016, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. 5. On XX XX, 2016, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Underlined words are added. Struck rhr., ,h words are deleted. Gl r 1 Q Packet Pg. 258 9.A.1.a PART A. The specific amendments to the St. Lucie County Land Development Code are as follows: CHAPTER VII. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.03. Animals in Residential Districts. A. Except as provided in this Section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of twee (3) five 5 dogs and/or cats four (4) months or older shall be allowed for each dwelling unit. For the purposes of this section, "residential districts" shall not include the following: AG-1; AG-2.5; AG-5; AR-1 with agricultural classification pursuant to Section 193.461, Florida Statutes; or PUD where livestock is permitted. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on the date of adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Underlined words are added. Struck rhr., ,h words are deleted. 2 Gl r a Packet Pg. 259 9.A.1.a Commissioner Kim Johnson, Chairman XX Commissioner Chris Dzadovsky, Vice Chairman XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2016. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: Underlined words are added. Struck thmeug4 words are deleted. 3 County Attorney Gl r a Packet Pg. 260 9.A.2 ITEM NO. ORD-2016-13 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 07/26/2016 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Correcting a Scrivener's Error in Ordinance No. 16-008 On June 7, 2016, the Board adopted Ordinance No. 16-008 which scheduled a referendum on November 8, 2016 to allow the electors to consider a proposed 0.5 percent infrastructure surtax. Unfortunately, due to a scrivener's error the ordinance incorrectly denoted the ending date of the tax, if approved, as December 31, 2037 instead of December 31, 2036. The draft ordinance attached corrects this error. PREVIOUS ACTION: Notice of Intent to consider the proposed ordinance was published in the Tribune on June 27, 2016. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the draft ordinance and authorize the Chairman to sign the draft ordinance. COMMISSION ACTION: Coordination/Signatures Heather Young, Asst. County Attorney �7114120-1-6 Packet Pg. 261 9.A.2.a ORDINANCE NO. 16-XXX AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 16-008 TO CORRECT A SCRIVENER'S ERROR IN ORDINANCE NO. 16-008 LEVYING A LOCAL GOVERNMENT INFRASTRUCTURE 0.5 PERCENT SURTAX ON CERTAIN TRANSACTIONS OCCURRING WITHIN ST. LUCIE COUNTY FROM WHICH TAXES ARE PAYABLE TO THE STATE OF FLORIDA UNDER THE PROVISIONS OF CHAPTER 212, FLORIDA STATUTES; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL NOT BE EFFECTIVE UNLESS APPROVED AT A REFERENDUM ELECTION; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE BEGINNING JANUARY 1, 2017 AND ENDING ON DECEMBER 31, 2036 INSTEAD OF ENDING ON DECEMBER 31, 2037 AS INCORRECTLY SET OUT IN ORDINANCE NO. 16-008; PROVIDING FOR DISTRIBUTION AMONG THE GOVERNMENTS OF ST. LUCIE COUNTY AND ELIGIBLE MUNICIPALITIES PURSUANT TO LAW; DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A REFERENDUM ELECTION ON NOVEMBER 8, 2016; PROVIDING BALLOT LANGUAGE AND A BRIEF DESCRIPTION OF CAPITAL PROJECTS; PROVIDING FOR A DEFINITION OF INFRASTRUCTURE; DIRECTING THE CLERK OF CIRCUIT COURT TO ADVERTISE THE REFERENDUM ELECTION IN ACCORDANCE WITH LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR CODIFICATION. WHEREAS, Section 212.055(2), Florida Statutes authorizes St. Lucie County to impose a sales infrastructure surtax upon most taxable transactions occurring within St. Lucie County and table under Chapter 212 of the Florida Statutes; and, WHEREAS, such surtax may be imposed at a rate of 0.5 percent of the sales tax paid to the State of Florida for transactions which are subject to the state tax imposed under the provisions of Chapter 212, Florida Statutes; and, WHEREAS, a 0.5 percent surtax would, under current State sale tax rates, result in a 0.5 percent surtax on each one dollar ($1.00) sale; and, WHEREAS, monies received from the discretionary sales surtax authorized by Section 212.055(2), Florida Statutes, shall be utilized by St. Lucie County and the municipalities of St. Lucie County to improve local roads, reduce traffic congestion, improve public safety, improve local water quality and other similar uses to benefit the citizens of St. Lucie County; and, WHEREAS, a brief general description of the projects to be funded is set forth in the ballot language contained in this ordinance; and, 1 Packet Pg. 262 9.A.2.a WHEREAS, St. Lucie County and its municipalities are presently without sufficient revenues to pay for improving local roads, reducing traffic congestion, improving public safety, improving local water quality, and other similar uses to adequately serve the needs of the County; and, WHEREAS, adequate infrastructure promotes safe, efficient and uninterrupted provision of services in St. Lucie County; and, WHEREAS, the provisions of adequate and efficient roads, public safety and water quality and other infrastructure is a matter of great public concern to the people of St. Lucie County; and, WHEREAS, Section 212.055(2), Florida Statutes, requires voter approval in a referendum election prior to imposition of the discretionary sales surtax. WHEREAS, on June 7, 2016, the Board adopted Ordinance No. 16-008 which due to a scriveners error identified an effective date from January 1, 2017 to December 31, 2037; and WHEREAS, the ending date should have been identified as December 31, 2036; and WHEREAS, this Ordinance is intended to amend and restate Ordinance No. 16-008 to correct the scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE VI "DISCRETIONARY SALES SURTAX" IS HEREBY CREATED AND ADDED TO CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 42-240 AUTHORIZATION. This ordinance is authorized by Section 212.055(2), Florida Statutes as amended and other applicable law. SECTION 42-241 PURPOSE. The levy herein of the discretionary sales surtax is to serve the public purpose of providing and making available to St. Lucie County and the eligible municipalities therein funds to finance, plan and construct infrastructure for any or all of the following public needs: improving local roads, reducing traffic congestion, improving public safety, improving local water quality, and other similar uses authorized by Florida law. 2 Packet Pg. 263 9.A.2.a The proceeds of the discretionary sales surtax may be pledged for the purpose of paying principal and interest on bonds issued to finance the foregoing infrastructure. The sales surtax proceeds shall not be used to supplant or replace user fees or to reduce ad valorem taxes existing prior to the levy of this surtax. Neither the proceeds of the sales surtax nor any interest accrued thereto shall be used for operational expenses of the County or the municipalities. SECTION 42-242 DEFINITION. Infrastructure shall have the meaning set out in Section 212.055(2)(d)1, Florida Statutes, as amended. SECTION 42-243 LEVY OF DISCRETIONARY SALES SURTAX. There is hereby levied a 0.5 percent sales surtax upon any tax paid to the State of Florida pursuant to Chapter 212, Florida Statutes, which resulted from a taxable transaction occurring within St. Lucie County; provided, however, that the surtax shall not apply on the sales amount above $5,000.00 on an item of tangible personal property and on prepaid calling arrangements as defined in Section 212.05(1)(e)1a unless the statutory exemption amount set forth at Section 212.054(2)(b), Florida Statutes, is amended in which case the amended exemption amount, if any, shall be utilized in lieu of the exemption amount stated herein. SECTION 42-244 DISTRIBUTION OF SURTAX. In accordance with Section 212.055(2)(c), Florida Statutes, proceeds of the sales surtax hereby imposed shall be divided and distributed among the County government and eligible municipalities based upon interlocal agreement or in the absence of Interlocal agreement, by the formula provided in Section 218.62, Florida Statutes. SECTION 42-245 REFERENDUM ELECTION. (1) The sales surtax levied in Section 42-243 of this ordinance shall not take effect unless and until approved by a majority of the qualified electors of the County voting in a county -wide referendum election on the surtax. (2) The Supervisor of Elections of St. Lucie County is hereby directed to hold the referendum election on November 8, 2016, on the levy of a discretionary 0.5 percent sales surtax. (3) The Supervisor or Elections of St. Lucie County shall cause the ballot question substantially in the following form to be placed on the ballot: 3 Packet Pg. 264 9.A.2.a OFFICIAL BALLOT HALF -CENT LOCAL GOVERNMENT SURTAX TO PROVIDE FOR PROJECTS EXCLUSIVELY IN ST. LUCIE COUNTY TO IMPROVE LOCAL ROADS, REDUCE TRAFFIC CONGESTION, IMPROVE PUBLIC SAFETY, IMPROVE LOCAL WATER QUALITY AND OTHER SIMILAR USES AUTHORIZED UNDER FLORIDA LAW AND TO SEEK MATCHING FUNDS FOR THESE PURPOSES, SHALL ST. LUCIE COUNTY LEVY A HALF -CENT SALES TAX FOR TWENTY YEARS, SUBJECT TO REVIEW BY A CITIZENS ADVISORY COMMITTEE TO ENSURE THAT ALL DOLLARS ARE SPENT ON ST. LUCIE COUNTY PROJECTS? FOR THE 0.5 CENT SALES TAX AGAINST THE 0.5 CENT SALES TAX (4) The Referendum election shall be held at the polling places designated in each precinct in St. Lucie County and be conducted by election officials duly appointed by applicable general law. The polls will be open at the voting places from 7:00 a.m. to 7:00 p.m. on November 8, 2016. Absentee voting shall be permitted upon compliance with applicable law. (5) The County is hereby authorized to take all actions necessary, to include but not limited, adoption of subsequent motions, resolutions and notices to place this issue for referendum and to carry out the intent of this ordinance. SECTION 42.246 ADVERTISEMENT. The Clerk of Circuit Court shall insure that notice of this referendum shall be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chairman of the Board of County Commissioners for St. Lucie County. PART B. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance 4 Packet Pg. 265 9.A.2.a to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. (A) The tax levied hereby shall be effective from January 1, 2017 through December 31, 2036, if approved in the referendum election to be held on November 8, 2016. (B) This ordinance shall take effect upon filing with the Secretary of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman XXX Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PART F. CODIFICATION. Upon approval by the electors of the tax imposed by this ordinance, provisions of this ordinance shall be incorporated in the Code of Ordinance of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through F shall not be codified. PASSED AND DULY ADOPTED this ATTEST: day of 12016. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: 0 County Attorney Packet Pg. 266 9.A.2.b Treasure Coast Newspapers Sales Rep: Linda Klein (T9103) TCPALM Date: 06/21/16 Account Number: 437762 (T15612366) Name: ST LUCIE COUNTY ATTORNEY' S OFF Contact: Email: bishopc@stlucieco.org Address: 2300 VIRGINIAAVE, FT PIERCE, FL, 34982-5653 Phone: (772) 462-1441 Fax: (000) 000-0000 Phone: (772) 692-8966 Email: linda.klein@tcpalm.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at (772) 692-8966 . Ad Id: 1147931 P.O. No.: Notice of Intent Total Cost: $128.52 Tag Line: Meeting: 7/26/16: ORD 16-008 Start Date: 07/09/16 Stop Date: 07/09/16 Number of Times: 1 Class: 16250 -Public Notices Publications: TC-TC News -Press -Tribune, TC-Internet tcpalm.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Journal Media Group reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. 00 0 0 to T_ Packet Pg. 267 I 9.A.2.b I I agree this ad is accurate and as ordered. RE THE BOARD OF COUNTY COMM ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida will consider adopting an ordinance which, if adopted, would amend and restate Ordinance No. 16-008 to correct a scrivener's error in Ordinance No. 16-008 levying a local government infrastructure 0.5 percent surtax on certain transactions occurring within St. Lucie County from which taxes are payable to the State of Florida under the provisions of Chapter 212, Florida Statutes, the imposition shall be effective beginning January 1, 2017 and ending on December 31, 2036 instead of ending on December 31, 2037 as incorrectly set out in Ordinance No. 16-008. The Board will hold a public hearing to consider the proposed ordinance at its regular meeting on Tuesday, the 26th day of July 2016 at 9:00 a.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be con- tinued from time to time as may be necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The St. Lucie County Board of County Commissioners has the power to review, approve, modify or deny any ordinance within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain. Copies of the proposed ordinance may be obtained from the County Attorney's Office, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact George Landry, Risk Manager, at (772) 462-1783, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. title of the proposed ordinance is: ORDINANCE AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 16-008 TO CORRECT A SCRIVEN- ER'S ERROR IN ORDINANCE NO. 16-008 LEVYING A LOCAL GOVERNMENT INFRASTRUCTURE 0.5 PERCENT SURTAX ON CERTAIN TRANSACTIONS OCCURRING WITHIN ST. LUCIE COUNTY FROM WHICH TAXES ARE PAYABLE TO THE STATE OF FLORIDA UNDER THE PROVISIONS OF CHAPTER 212, FLORIDA STATUTES; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL NOT BE EFFECTIVE UNLESS APPROVED AT A REFERENDUM ELECTION; PROVIDING THAT THE IMPOSI- TION SHALL BE EFFECTIVE BEGINNING JANUARY 1, 2017 AND ENDING ON DECEMBER 31, 2036 INSTEAD OF ENDING ON DECEMBER 31, 2037 AS INCORRECTLY SET OUT IN ORDINANCE NO. 16-008; PROVIDING FOR DISTRIBUTION AMONG THE GOVERNMENTS OF ST. LUCIE COUNTY AND ELIGIBLE MUNICIPALITIES PURSUANT TO LAW; DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A REFERENDUM ELECTION ON NOVEMBER 8, 2016; PROVIDING BALLOT LANGUAGE AND A BRIEF DESCRIPTION OF CAPITAL PROJECTS; PROVIDING FOR A DEFINITION OF INFRASTRUC- TURE; DIRECTING THE CLERK OF CIRCUIT COURT TO ADVERTISE THE REFERENDUM ELECTION IN ACCORDANCE WITH LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR CODIFICATION. S NOTICE EXECUTED and dated this 9th day of July, 2016. Submitted by: Daniel S. McIntyre County Attorney Pub: July 9, 2016 TCN 1147931 00 0 0 co O Z O L) c ca c L O L O L LU L N O c a� U N r Q Packet Pg. 268 9.B.1 ITEM NO. RES-2016-113 AGENDA REQUEST TO: Board of County Commissioners DATE: 07/26/2016 *PUBLIC HEARINGS\COMMUNITY i.Ya[ TJ10161 PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: County Owned Property Suitable for Affordable Housing BACKGROUND: On July 1, 2006, the Florida Legislature enacted HB 1363 which requires local governments to prepare an inventory list of all real property within its jurisdiction that is appropriate for use as affordable housing. The properties may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund for affordable housing. The listing of property is required to be updated July 1, every three years. PREVIOUS ACTION: December 11, 2007 - Board adopted Resolution No. 07-382 establishing an inventory of County owned property. December 4, 2012 - Board adopted Resolution No. 12-218 establishing an inventory of County owned property. FINANCIAL IMPACT: N/A Staff recommends Board approval of the list of properties owned by St. Lucie County suitable for affordable housing, the Resolution establishing an updated list and authorization for the Chairman to sign documents as approved by the County Attorney. 14ca ►] "Wiff-1-09P►I_Ts"191 F Packet Pg. 269 9.B.1 Coordination/Signatures 62 yder, Community Services Di, r 6/27/2016 anie SWMcinty're,,t,orney 7/7/2016 Updated: 7/12/20164:39 PM byJoAnn Riley Page 2 Packet Pg. 270 9.B.1.a Exhibit A ST. LUCIE COUNTY SURPLUS PROPERTIES SUITABLE FOR AFFORDABLE HOUSING Address Parcel ID Acreage Jurisdiction Zoning Status .24 Acres St. Lucie 7508 Coquina Ave 1301-607-0226-000-0 RS-4 Vacant Land (10,650 Sq. Ft.) County 0.2 Acres St. Lucie 5291 Amy Lane 1430-701-0024-000-0 RMH-5 Vacant Land (8,500 Sq. Ft.) County Packet Pg. 271 9.B.1.b BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT INVENTORY OF COUNTY PROPERTY FOR AFFORDABLE HOUSING NOTICE IS HEREBY GIVEN that the St. Lucie County Board of County Commissioners will hold a public hearing July 26, 2016 at 9:00 a.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida 34982, to consider adoption of the proposed 2016 inventory of all County owned property appropriate for affordable housing within its jurisdiction that is appropriate for use as affordable housing in accordance with Sectionl25.379, Florida Statutes. The properties identified in the inventory list adopted by the County may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the County may otherwise make the property available for use for the production and preservation of permanent affordable housing. The hearing may be continued from time to time as may be necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. For information concerning the public hearing, contact Diana Wesloski, Housing N Manager, Community Services, St. Lucie County, 437 North 7th Street or telephone 772- w 462-1777. To access a Telecommunication Device for Deaf Persons (TDD), please call 1- W 800-955-8771. to 0 N The public hearing is being conducted in a handicapped accessible location. Any person Q requiring an interpreter for the hearing impaired or the visually impaired should contact Ms. Wesloski at least forty-eight (48) hours prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should = contact Ms. Wesloski at least forty-eight hours (48) prior to the meeting and a language interpreter will be provided. Any person with a disability requiring accommodation to a attend this meeting should contact Ms. Wesloski at least forty-eight (48) hours prior to the meeting. r 00 THIS NOTICE EXECUTED and dated this 13th day of July 2016. o� c m E Submitted by: 0 Howard N. Tipton a County Administrator Packet Pg. 272 9.B.1.b PUBLISHDATE: July 13, 2016 PUBLISHER: The News Tribune TYPE AD: Legal Ad PROOF TO: St. Lucie County Community Services Department 2300 Virginia Avenue Fort Pierce, Florida 34982 BILL TO: Board of County Commissioners Acct. No. 11504098 2300 Virginia Avenue Fort Pierce, Florida Q Packet Pg. 273 9.B.1.c RESOLUTION NO. 16-xxx A RESOLUTION ESTABLISHING AN INVENTORY OF COUNTY OWNED PROPERTY SUITABLE FOR AFFORDABLE HOUSING PURSUANT TO SECTION 125.379, FLORIDA STATUTES, PROVIDING FOR TRIENNIAL REVIEW OF THE INVENTORY LIST, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County Florida (the "Board"), has made the following determinations: 1. Pursuant to Section 125.379, Florida Statutes, each County is required to prepare an inventory of all real property within its jurisdiction held by the County in fee simple title that is appropriate for use as affordable housing. 2. The Community Services Department has compiled a list of property owned by the County in fee simple that is suitable for affordable housing attached hereto as Exhibit "A". 3. On July 26, 2016, this Board held a public hearing to consider approval of the proposed inventory list, after publishing a notice of such hearing in the St. Lucie News Tribune on July 13, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. This resolution shall become effective immediately upon adoption. Pursuant to Section 125.379, Florida Statutes, the Board hereby approved the inventory list of properties held by the County in fee simple title attached hereto and incorporated herein as Exhibit "A" as appropriate for affordable housing. 2. The Board shall review the inventory list on or before July 1, 2016 and every three years thereafter to consider revisions to the inventory list as the Board may deem necessary. After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman xxx Commissioner Chris Dzadovsky, Vice Chairman xxx Commissioner Tod Mowery xxx Commissioner Paula A. Lewis xxx Commissioner Frannie Hutchinson xxx PASSED AND DULY ADOPTED this 26th day of July, 2016. Packet Pg. 274 9.B.1.c ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 275 9.B.1.d ........... Select Year: 2016 v Go The 2o16 Florida Statutes Title XI Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.379 Disposition of county property for affordable housing.— (1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specify whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the county may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term "affordable" has the same meaning as in s. 420.0004(3). History.—s. 1, ch. 2006-69. Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us m r c a� E R Q 7/12/2016 Packet Pg. 276 10.A.1 ITEM NO. (ID # 3670) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 07/26/2016 *REGULAR AGENDA\OFFICE OF MANAGEMENT & BUDGET Asheley Hepburn, Office of Management & Budget Director Budget Division Setting of FY 2017 Proposed Millage Rates and Dates for Budget Public Hearings The County is required to advise the Property Appraiser of the proposed millage rates; the rolled -back rates; and the date, time and place the tentative budget hearing will take place. This must be done within 35 days of the Property Appraiser's certification of taxable value in accordance with Florida Statute 200.065. The Property Appraiser utilizes this information in preparing the notice of proposed property taxes (TRIM notice) which are mailed to each property owner in August. The TRIM notice is intended to inform property owners of the maximum millage rate and taxes for each taxing district. After the proposed millage rates are set, any of the millage rates may be further reduced any time before the final budget hearing on September 22nd. However, none of the millage rates may be increased. The recommended FY 2016-2017 Budget includes property tax revenues of $149.9 million and is outlined in the attached "Worksheet Analysis of Roll -Back Millage Rate for Fiscal Year 2016-2017". The recommended rates are consistent with the rates as presented at the budget workshops held by the Board of County Commissioners on July 11th through July 13, 2016, and as required to meet special district, debt service, and related millage requirements. The recommended rates include an adjustment to the following millage rates: General Fund - 0.0196 mills Fine & Forfeiture Fund 0.0139 mills Mosquito Control Fund - 0.0249 mills Unincorporated MSTU Fund - 0.0540 mills Port Property Bond - 0.0154 mills Total Adjustments - 0.1000 mills Packet Pg. 277 10.A.1 In addition to the aforementioned, on July 15, 2016 the Citizens Budget Committee met and adopted a resolution recommending a budget of $504,661,897, which includes a reduction of the millage rates by 0.1000 mills or an estimated reduction of $1.1 M. This request is for the purpose of setting the maximum millage rates in compliance with Truth in Millage (TRIM) requirements. PREVIOUS ACTION: Budget workshops were held with the Board on July 11, 2016 through July 13, 2016. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to set millage rates in order to comply with Truth in Millage (TRIM) requirements: Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2016-2017" under the column headed "2016-2017 proposed millage." Set two public hearings on September 8, 2016 and September 22, 2016, at 6:00 PM in the Roger Poitras Administration Annex Commission Chamber. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll -back Millage rate for fiscal year 2016-2017" under the column headed "2016-2017 proposed millage." COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, County torney 7/20/2016 Ho and Tipton, Count Administrato 7/20/2016 Updated: 7/25/20164:55 PM by Katrina Slay Page 2 Packet Pg. 278 10.A.1.a WORKSHEET ANALYSIS OF ROLL -BACK MILLAGE RATE FOR FISCAL YEAR 2016-2017 A B C D E F G H FUND 2015-16 2015-16 2016-17 2016-17 2016-17 2016-17 Prior 2016-17 NAME Millage Taxes Rollback Rollback Millage Taxes Year's Gross Rate Taxes Value Value COUNTY GENERALFUND 4.1273 67,124,790 3.8814 67,747,887 4.1077 71,697,840 16,263,608,260 17,454,497,567 FINE & FORFEITURE 3.2699 53,180,373 3.0752 53,676,071 3.2838 57,317,079 16,263,608,260 17,454,497,567 SUBTOTAL COUNTY 7.3972 120,305,163 6.9566 1219423,958 7.3915 1299014,919 DEPENDENT DISTRICTS EROSION CONTROL - ZONE E 0.0925 1,504,384 0.0868 1,515,050 0.0925 1,614,541 16,263,608,260 17,454,497,567 MOSQUITO DISTRICT 0.2413 3,854,965 0.2265 3,883,241 0.2164 3,710,081 15,975,820,155 17,144,552,689 SUBTOTAL DEPENDENT DIST. 0.3338 5,359,349 0.3133 5,398,292 0.3089 593249622 TOTAL COUNTY/DEPENDENT DIST. 7.7310 125,664,512 7.2699 126,822,249 7.7004 134,339,541 MUNICIPAL SERVICE TAXING UNITS (MSTUs) UNINCORPORATED SERVICES 0.4380 3,122,185 0.4190 3,130,987 0.3840 2,869,448 7,128,275,623 7,472,521,586 STORMWATER3 0.3497 2,492,758 0.3345 2,499,558 0.3497 2,613,141 7,128,275,623 7,472,521,586 LAW ENFORCEMENT' 0.5103 3,637,559 0.4881 3,647,338 0.5103 3,813,228 7,128,275,623 7,472,521,586 PARKS MSTU 4 0.2313 3,771,281 0.2172 3,797,882 0.2313 4,044,429 16,304,717,256 17,485,643,577 TRANSIT MSTU 0.1269 2,063,852 0.1191 2,078,831 0.1269 2,214,976 16,263,608,260 17,454,497,567 SUBTOTAL MSTU 1.6562 15,087,635 1.5779 15,154,595 1.6022 15,555,222 TOTAL AGGREGATE MILLAGE 8.6544 140,752,147 8.1733 142,660,845 8.5877 149,894,763 16,263,608,260 17,454,497,567 GGREGATE MILLAGE INCREASE (DECREASE) -0.0667 INCREASE (DECREASE) OVER ROLL -BACK 0.4144 WjWENT INCREASE(DECREASE) IN AGGREGATE MILLAGE OVER ROLL -BACK 5.07% VOTED DEBT PORT PROPERTY BOND' 0.0154 253,878 0.0000 0 16,485,577,486 17,669,334,631 SUBTOTAL VOTED DEBT 0.0154 253,878 0.0000 0 GRAND TOTAL OF TAXES 141,006,025 149,894,763 NOTES: 1. The property values are as certified by the Property Appraiser. 2. There is a small portion of the County that the Mosquito Control Millage does not apply to. 3. The Unincorporated Services MSTU, Stormwater MSTU and Law Enforcement MSTU do not apply to properties within the Cities. 4. The Parks MSTU runs through December 31, 2023. 5. The Port Property Bond matures in 2017. a Packet Pg. 279 RESOLUTION 2016-002 10.A.1.b THE CITIZENS BUDGET COMMITTEE OF ST. LUCIE COUNTY, FLORIDA RECOMMENDATION ON THE PROPOSED FY2017 BUDGET IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Citizens Budget Committee of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Citizens Budget Committee ("Committee") met on July 15, 2016 to review the budget recommendations presented to the St. Lucie County Board of County Commissioners. 2. As a result of these discussions, the Committee has the following concerns: A. The Committee remains concerned about the use of reserve funds in the amount of $9.5 million to balance the budget. The County Administrator and the Management and Budget Director have a plan to discontinue this practice in the next several years. However, the expectations for county provided services are increasing everyyear as the County grows. NOW, THEREFORE, BE IT RESOLVED by the Citizens Budget Committee of St. Lucie County, Florida: 1. The Committee recommends a budget of $504,661,897, which includes a reduction of the millage rate by 0.100 mills or an estimated reduction of $1.10 million in St. Lucie County, Florida as follows: A. General Fund (0.0196) B. Fine & Forfeiture Fund 0.0139 C. Mosquito Control Fund (0.0249) D. Unincorporated MSTU Fund (0.0540) E. Port Property Bond (0.0154) 2. A copy of this resolution shall be provided to the Board of County Commissioners, the County Administrator and the Management and Budget Director. PASSED AND DULYADOPTED this 15th day of July 2016. CITIZENS BUDGET COMMITTEE ST. LUCIE COUNTY, FLORIDA DANIEL). KUREK, CHAIRMAN Packet Pg. 280 10.B.1 ITEM NO. (ID # 3618) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Kyle Croce, Port Engineer Port DATE: 07/26/2016 *REGULAR AGENDA\PUBLIC WORKS Port of Fort Pierce, Fisherman's Wharf Roadway Improvements Design & Permitting, Culpepper & Terpening, Inc. The Port of Fort Pierce development is a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County focused on improvements, economic expansion, growth, prosperity, and environmental safeguarding of the Port in accordance with the Port Master Plan and Comprehensive Plan. The North 2nd Street Roadway Improvements project is the first of many cooperative efforts that will shape the future of the Port. The on -going reconstruction of the North 2nd Street, the main entrance way into the Port of Fort Pierce, includes relocation and upgrading of all existing utilities and stormwater management. The successful coordination of agencies has initiated the cooperative movement for the continued joint efforts toward Port development, to enhance public facilities and local infrastructure systems, while promoting further economic development and opportunity. From the Joint Board's consensus on April 21, 2016, Staff proceeded with the planning efforts for Fisherman's Wharf. In agreement with the Joint Board, Harbor Advisory Committee and Fisherman's Wharf Development Study 2015, improvements and reconstruction of the Fisherman's Wharf Road is the next step in the Port of Fort Pierce development. As the Port Authority, St. Lucie County is administering construction and grant contracts, and will continue to pursue opportunities for supporting growth and development at the Port. The County has received funding for Fisherman's Wharf Road Development - Design Phase from the Florida Seaport Transportation and Economic Development Council (FSTED) in the amount of $125,000 through the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT). There is an additional County cost of $125,000 or 50% for a total design cost not to exceed $250,000. These funds are designated to develop a road design, consistent with the Conceptual Design Option 2 (see attached) presented by Rick Ferrin of Transystems at the Joint Board Meeting on May 15, 2015. Packet Pg. 281 10.B.1 The County has received funding for Fisherman's Wharf Road Development - Acquisition Phase from the Florida Seaport Transportation and Economic Development Council (FSTED) in the amount of $255,000 through the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT). There is an additional County cost of $255,000 or 50% for a total acquisition cost not to exceed $510,000. These funds are designated to acquire land along Fisherman's Wharf to be consistent with the Conceptual Design Option 2 (see attached) presented by Rick Ferrin of Transystems at the Joint Board Meeting on May 15, 2015. PREVIOUS ACTION: June 17, 2014 - Board approval of submittal of grant application of FSTED for FY15 Port Projects, including Fisherman's Wharf Road Development - Design Phase with required matching funds in the amount of $125, 000.00. June 24, 2015 - Administrator approved submittal of grant application to FSTED for FY16 Port Projects, including Fisherman's Wharf Road Development - Acquisition Phase with required matching funds in the amount of $255,000.00. December 15, 2015 - Board acceptance of funds through FDOT JPA #436583-1-94-01 in the amount of $125,000.00 for Fisherman's Wharf Road Development - Design Phase. February 17, 2016 - Board acceptance of funds through FDOT JPA #438791-1-94-01 in the amount of $255,000.00 for Fisherman's Wharf Road Development - Acquisition Phase. FINANCIAL IMPACT: Funds are available in the Port Budget Fund No. 140376-4315-563000-46502 RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 2 with Culpepper & Terpening, Inc. in the amount of $151,300.00 for the Fisherman's Wharf Roadway Design and authorization for the Chairman to execute as approved by the County Attorney. COMMISSION ACTION: Updated: 6/30/2016 11:44 AM by Katrina Slay Page 2 Packet Pg. 282 10.B.1 Coordination/Signatures -t—& j,66eF'P-oi ,; eIounty VEnginee 6/20/2016 anie . McIntyre, C my ttorney 6/21/2016 Updated: 6/30/2016 11:44 AM by Katrina Slay Page 3 Packet Pg. 283 10.B.1.a WORK AUTHORIZATION NO. 02 CONTRACT C14-11-659 STORMWATER MANAGEMENT DESIGN & PERMITTING SERVICES THIS WORK AUTHORIZATION is made as of the day of 12016, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on November 18, 2014, the County entered into a Professional Engineering Services Agreement (Contract No. C14-11-659) hereinafter referred to as "Contract" with the Consultant to provide continuing professional Stormwater management design & permitting engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Fisherman's Wharf Roadway Design (hereinafter referred to as "the Project".) SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional architectural services for the Project under the pricing, terms and conditions of the continuing contract (C14-11-659). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the hourly rates and will not exceed a total amount of $151,300.00 (one hundred fifty-one thousand three hundred and 00/100 dollars), as further detailed in Exhibit "A". Page 1 of 3 Packet Pg. 284 10.B.1.a 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before February 28, 2017, as further described in Exhibit "A". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $100.00 (one hundred and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 Packet Pg. 285 10.B.1.a WITNES EES:: (2) CULPEPPER gyTERPENING,I C. BY: ��// PRINT NAME: STW10-1 UL, MAsM&> PRINT TITLE: GG-Lila VIDE Pe"ib&rr Page 3 of 3 Q Packet Pg. 286 10.B.1.b . opi CULPEPPER & TERPENINC, INC. CONSULTING ENGINEERS I LAND SURVEYORS June 2, 2016 VIA: Hand Delivered Mr. Kyle Croce, P.E. Port Engineer St. Lucie County Public Works 2300 Virginia Avenue Ft. Pierce, FL 34982 C&T Project 16-040 Contract Sender's Email: sniatthes a@ct-eng.com RE: Project Number 16-040 St. Lucie County Stormwater and Permitting Contract C14-11-659 Wa&Authorization No. —Fisherman's Wharf Roadway Design — Draft 2 Dear Mr. Croce, On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to enclose two (2) copies of our second draft of Work Autborization No. _ under Stormrvater & Permitting Contract C14-11-659 for the survey, design, contamination screening and permitting of the roadway improvements to Fisherman's Wharf from Indian River Drive to the eastern terminus at the Indian River Lagoon located in downtown Ft. Pierce. This draft provides the following revisions: • Change Contract to Stormwater and Permitting Contract C14-11-659; • Revised pay items to "Not To Exceed" payment type; and • Included the reimbursable expenses in Project Pettruitting line item. We trust that this submittal meets with your approval and look forward to continuing to be part of your project team. Should you have any questions or require any additional information, please feel free to contact me directly at (772) 464-3537. Sincerely, CULPEPPER & TERPENING, INC. Ste K. lies, P.E. James P. Butch" Tetpening, Senior Vice President Presidet t P.E. A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET I FT. PIERCE, FL 34981 1 (772) 464-3537 1 FAX: (772) 464-9497 9 - Packet Pg. 287 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 Project Description/Objectives: St. Lucie County desires the survey, design and permitting services for the infrastructure improvements to Fisherman's Wharf {Ave. H extension) from Indian River Drive to the east end at the Indian River Lagoon, approximately 1,100 Linear feet of roadway. The roadway shall be designed and permitted as a two lane undivided urban section with on -street parking and sidewalks on both side of the Right -of -Way. The eastern terminus of the roadway will include a passive use pedestrian feature that will include a tier seating area along the waterfront. The Construction Plans shall be prepared in 11" x 17" format and in general accordance with the Florida Department of Transportation (FDOT) Plans Preparation documents, St. Lucie County and City of Ft. Pierce requirements and shall include the following design elements: ■ Construction Plan Preparation • Drainage Design ■ Landscape/Streetscape & Irrigation Design ■ Street bighting Design ■ Preliminary Contamination Assessment ■ Project Permitting SCOPE OF SERVICES — EXHIBIT A Specific services and tasks to be performed by Consultant are as follows: PHASE 2: PRELIMINARY DESIGN SERVICES Task 2.1 Survey Data Collection Consultant shall provide field data collection in sufficient detail to update previous surveys performed for the corridor. The survey shall define the limits of the public road right-of-way. Consultant shall also prepare topographic survey of the proposed corridor including 25' outside of the proposed right of way. Record drawing information will be procured from the Ft. Pierce Utility Authority to establish the location of the existing potable water, gas, electric and sanitary sewer facilities. Task 2.2 GeotechnicaI Design Exploration Consultant shall conduct geotechnical design exploration of the roadway improvement area. The geotechnical testing shall be in accordance with the following: • Perform 12 hand auger borings to a depth of 5 to 7 feet within and staggered across the proposed roadway corridor to explore shallow soil stratigraphy and groundwater levels. • Perform 12 pavement cores within the existing roadway to obtain pavement section thickness • Obtain soil samples from the auger borings for laboratory testing. This includes routine classification tests including standard sieve analysis, Atterberg Limits, organic contents, etc. • Prepare a Roadway Soil Survey report including all data developed during the laboratory and field programs, and our recommendations relative to roadway construction. The Roadway Soil Survey report will be in general accordance with Chapter 9 of the FDOT Soils and Foundations Handbook (2011). Client's Initials: Engineer's initials: Page 1 ON Packet Pg. 288 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 Task 2.3 Preliminary Contamination Assessment Consultant shall provide the following tasks necessary to provide a preliminary exploration for the presence of contaminated soils and groundwater in the limited area of the project and shall result in identifying sites as having a medium to high potential for contaminations. The following scope of work describes the tasks necessary to preliminarily explore for the presence of contamination in soils and groundwater in the limited areas of the project study area, specifically at locations adjacent to the sites identified as having a medium to high potential for contamination. A. Contamination Screening Evaluation Evaluate the sites within the project study area with potential or known subsurface petroleum and/or hazardous waste contamination. Each site will be assigned a relative risk level (Low, Medium or High). The designations will be based on a review of readily available resources such as a review of historical information (aerial photographs, city directories, topographical maps, etc.) and a review of regulatory environmental databases and associated files identified from an Environmental Data Resources (EDR) report. B. Preliminary Contamination Assessment The initial assessment activities and laboratory analyses described below are designed to preliminarily explore subsurface conditions, and adhere to the criteria established in FAC 62-780. All samples collected during this assessment will be provided to a National Environmental Laboratory Accreditation Conference (NELt1C) certified laboratory for analysis. The proposed environmental activities will produce various investigation -derived wastes (1DW) including but not limited to: decontamination fluids; soil cuttings; well development water; and well purge water. We have assumed that IDW can be handled as non -hazardous. • Soil SamILhii14,Soil Screening and Analytical Testin Up to 20 auger borings will be conducted to a depth of 2 to 3 feet below the encountered groundwater table or to a maximum depth of 7 feet. The borings will be conducted at accessible locations within the existing right- of-way areas and adjacent to sites identified as having "medium" and "high" potential for contamination. The auger borings will be conducted using a 3-inch diameter, hand-held bucket auger. Soil samples will be obtained during performance of the borings at approximate 2-foot intervals. These samples will be placed in 16-ounce glass sample jars, half-filled. A sample of soil gas will he withdrawn using the vacuum pump of an organic vapor analyzing (OVA) device (Century 128 OVA). Soil samples collected will also be observed for indications of stains, sheens and unusual odors. In addition, up to 20 soil samples will be collected from select boring locations for chemical analyses. The samples will be "grab" samples obtained from locations and depths that will be determined based on the results of the soils screening and/or proximity to sites most likely believed to have contamination. The samples will be submitted for chemical analyses by EPA Methods 8021 and 8270 and for TRPH by the FL -PRO method and for RCRA 8 Metals. • Groundwater Sampling Wells Temporary groundwater sampling wells will be installed at locations determined based on Findings during the assessment. For budgeting purposes, we have preliminarily assumed up to 12 shallow wells (to a maximum depth of 10 feet) will be needed to explore for the presence of groundwater contamination. The locations of the wells and actual depths will be determined after additional data is gathered relative to groundwater levels and Client's Initials: Engineer's Initials: Page 2 of 9 Packet Pg. 289 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 subsurface stratigraphy. The proposed shallow wells will be constructed of 2-inch diameter, 0.01-inch slotted schedule 40 PVC pipe. We note that permanent groundwater monitoring wells arc not being proposed at this time since the locations will likely be disrupted during construction activities. Additional permanent groundwater monitoring wells may be proposed to monitor groundwater contamination levels and migration during construction if deemed appropriate based on the results of the PCA. • Groundwater Sample Collection and Analysis Groundwater samples obtained from the wells will be collected for laboratory analysis in accordance with FDEP sampling requirements. Groundwater samples collected from the wells will be submitted to a State certified laboratory for analysis by EPA Methods 8021 and 8270, and for TRPH by the FL -PRO method and for RCRA 8 Metals. C. Preliminary Contamination Assessment Report (PCAR) A report summarizing the. above preliminary site assessment activities will be submitted upon completion of the above -described scope of work. Details, descriptions and rationales for the various site assessment activities will be presented, along with all data developed during the assessment activities. The report will include the results of our findings relative to any identified soil and/or groundwater contamination within the study area that may present lilxutations or require special monitoring of contaminated media during construction of the proposed intersection widening project. Task 2.4 Fisherman's Wharf Master Plan Assistance Consultant shall provide assistance to the Client with respect to the development of the Fisherman's Wharf Master Plan area. Consultant shall prepare for and attend meetings with regards to the development of the Master Plan documents. PHASE 3: FINAL DESIGN SERVICES Task 3.1 Phase I (30%) Roadway Plan Submittal Consultant shall provide the Client with the initial plan submittal documents in general accordance with the FDOT PPM and Florida Green Book. The Plans shall be prepared on 11" x 17" size format and comply with the St. Lucie County criteria, PPM, and FDOT Design Standards. The Plan submittal requirements shall be consistent with the PPM, Volume 1I, Chapter 2.3.2, Phase I Submittal (30%) and include the following components: • Key Sheet (Preliminary) • General Notes/Summary of Pay Items (Preliminary) • Drainage Map @ 100 scale (Preliminary) • Typical Sections (Preliminary) • Project Layout Sheets @ 100 scale (Preliminary) • Roadway Plan & Profile Sheets @ 40 Scale (Preliminary) • Cross Sections @ 100' intervals (Preliminary) • Roadway Soil Survey (Final) • Traffic Control Plan (Preliminary) • East End Pedestrian Feature (Preliminary) • Landscape Plan (Preliminary) Client's Initials: Engineer's Initials: Page 3 of 9 Packet Pg. 290 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATERAND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 This task shall include a review meeting with both St. Lucie County and the City of Ft. Pierce. Consultant shall also provide the following items commensurate with the development of the 30% Plan information: • Engineer's Estimate of Probable Construction Cost commensurate with the development of the 30% Plan information. Task 3.2 Phase II (60%) Roadway Plan Submittal Consultant shall provide the Client with the initial plan submittal documents in general accordance with the FDOT PPM and Florida Green Book. The Plans shall be prepared on 11" x 17" size Format and comply with the St. Lucie County criteria, PPM, and FDOT Design Standards. The Plan submittal requirements shall be consistent with the PPM, Volume II, Chapter 2.3.2, Phase II Submittal (60%) and include the following components: • Key Sheet (Preliminary) • General Notes/Summary of Pay Items (Preliminary) • Drainage Map @ 100 scale (Preliminary) • Typical Sections (Complete, subject to Change) • Project Layout Sheets @ 100 scale (Complete, subject to Change) • Roadway Plan & Profile Sheets @ 40 Scale (Preliminary) • Intersection Detail Sheet (Fisherman's Wharf & Indian River Drive) (Preliminary) • Utility Adjustment Plans @ 40 Scale (Preliminary) • Cross Sections @ 100' intervals (Preliminary) • Detention Pond Plan (Preliminary) • Roadway Soil Survey (Final) • Stormwater Pollution Prevention Plan (Preliminary) • Traffic Control Plan (Preliminary) • Signing & Pavement Marking Plan (Preliminary) • East End Pedestrian Feature (Preliminary) • Landscape Plan (Preliminary) • Street Lighting Plans(Preliminary) This task shall include a review meeting with both St. Lucie County and the City of Ft. Pierce. Consultant shall also provide the following items commensurate with the development of the 60% Plan information: • Response to comments received from St. Lucie County and the City of Ft. Pierce. • Engineer's Estimate of Probable Construction Cost commensurate with the development of the 60% Plan information. Task 3.3 Project Permitting Consultant shall provide permit submittals to the following agencies for the construction of the project: SLC "Roadway Permit" A Roadway Permit shall be submitted to the St. Lucie County Engineering Department. SFWMD "Permit Modification" A Permit Modification shall be submitted to the SFWMD for the proposed project improvements. The permit modification shall include the documentation required to allow the SI'WMD to include the proposed work as part of the original permit for the North 2nd Street Project administered by St. Lucie County. Client's Initials: Engineer's Initials: Pap 4 of Packet Pg. 291 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 SFWMD/FDEP "Dewatering Permit" A Dewatering Permit shall be submitted to the SFWMD for the proposed project improvements. The application shall include the information obtained as part of Task 23 above. Task 3.4 Phase III (90%) Plan Submittal Consultant shall provide the Client with the final plan submittal documents in general accordance with the FDOT PPM and Florida Green Book. The Plans shall be prepared on 11" x 17" size format and comply with the St. Lucie County criteria, PPM, and FDOT Design Standards. The Plan submittal requirements shall be consistent with the PPM, Volume II, Chapter 2.3.2, Phase III Submittal (90%) and include the following components: • Key Sheet (Complete, Subject to Change) • General Notes/Summary of Pay Items (Complete, Subject to Change) • Drainage Maps @ 100 scale (Complete, Subject to Change) • Typical Section (Final) • Project Layout Sheets @ 100 scale (Final) • Roadway Plan & Profile Sheets @ 40 Scale (Complete, Subject to Change) • Intersection Detail Sheet (Fisherman's Wharf & Indian River Drive) (Complete, Subject to Change) • Utility Adjustment Plans (Complete, Subject to Change) • Cross Sections @ 100' intervals (Complete, Subject to Change) • Detention Ponds Plans (Complete, Subject to Change) • Roadway Soil Survey (Final) • Stormwatet Pollution Prevention Plan (Complete, Subject to Change) • Traffic Control Plan (Complete, Subject to Change) • Signing & Pavement Marking Plan (Complete, Subject to Change) • East End Pedestrian Feature (Complete, Subject to Change) • Landscape & Irrigation Plans (Complete, Subject to Change) • Street Lighting Plans (Complete, Subject to Change) This task shall include a review meeting with both St. Lucie County and the City of Ft. Pierce. Consultant shall also provide the following items commensurate with the development of the 909/0 Plan information: • Response to comments received from St. Lucie County and the City of Ft. Pierce. • Engineer's Estimate of Probable Construction Cost commensurate with the development of the 90% Plan information. Task 3.5 Phase IV 100% Plan Submittal Consultant shall provide the Client with the final plan for roadway section to be constructed. The plans shall be in general accordance with the FDOT PPM and Florida Green Book. The Plans shall be prepared on 11" x 17" size format and comply with the St. Lucie County criteria, PPM, and FDOT Design Standards. The Plan submittal requirements shall be consistent with the PPM, Volume II, Chapter 2.3.2, Phase IV Submittal (100%) and include the following components: • Key Sheet (Final) • General Notes/Summary of Pay Items (Final) • Drainage Maps @ 100 scale (Final) • Typical Section (Final) • Project Layout Sheets @ 100 scale (Final) Client's Initials: Engineer's Initials: Page 5 of 9 Packet Pg. 292 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 • Roadway Plan & Profile Sheets @ 40 Scale (Final) • Intersection Detail Sheet (Fisherman's Wharf & Indian River Drive) (Final) • Utility Adjustment Plans (Final) • Cross Sections @ 100' intervals (Final) • Detention Ponds Plans (Final) • Roadway Soil Survey (Final) • Stormwater Pollution Prevention Plan (Final) • Traffic Control Plan (Final) • Signing & Pavement Marking Plan (Final) • East End Pedestrian Feature (Final) • Landscape & Irrigation Plans (Final) • Street Lighting Plans (Final) This task shall include a review meeting with both St. Lucie County and the City of Ft. Pierce: Consultant shall also provide the following items commensurate with the development of the Final Plan information; • Response to comments received from St. Lucie County and the City of Ft. Pierce. • Engineer's Estimate of Probable Construction Cost commensurate with the development of the Final Plan information. • Bid Document Preparation Consultant shall prepare the standard technical specifications and special provisions required for inclusion in the Bid Documents. The technical specification and special provision shall be prepared in the standard County bid format included in the Technical Specification section of the Bid Documents. Task3.6 Landscape & Irrigation Plans Consultant shall provide the Client with the Landscape & Irrigation Plans for the project. The plans shall be prepared, and submitted, in accordance with the progress submittals outlined in Tasks 3.1 through 3.5 above. The plans shall be consistent with the current standards found within the Cit, of Ft. Pierce Downtown area for the roadway corridor and pedestrian area at the east end of the project. Plan components shall include: • Landscape Plans with tree islands; • Streetscape/crosswalk/street furniture design; • Riverfront plaza layout & details, and • Irrigation plans. Task 3.7 Street Lighting Plans Consultant shall provide the Client with Street Lighting Plans for the project. The plans shall be prepared, and submitted, in accordance with the progress submittals outlined in Tasks 3.1 through 3.5 above. The plans shall provide street lighting in consistent with the current lighting standards found within the City of Ft. Pierce Downtown area for the roadway corridor :and pedestrian area at the east end of the project. Plan components shall include: • Street & pedestrian Lighting plans; • Riverfront plaza bollard lighting plan; • Photometrics; and • Electric panel and details. Clieait's Nitials: Engineer's Initials: Page 6 of'9 Packet Pg. 293 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 PHASE 4: BIDDING SERVICES Task 4.1 Bid Assistance Consultant shall provide the following assistance to St. Lucie County as part of the bidding process: • Prepare for and attend the pre -bid meeting for the project. • Provide St. Lucie County with responses to request for information and/or questions that arise from the meeting. • Provide necessary plans changes from comments during the bidding process. • Review bid tabulations prepared by St. Lucie County and provide recommendations of award. • Issue "Approved for Construction" plan sets to the contractor PHASES: SERVICES DURING CONSTRUCTION Not Included PHASE 6: POST CONSTRUCTION SERVICES Not Included EXCLUSIONS Specific exclusions from this Work Authorization are listed as follows: 1. Utility Relocation Design 2. Preparation of Temporary Construction Easements 3. Title work to determine Right -of -Way to be provided by Client. Resolution of Right -of -Way issues to be provided as additional service. 4. Dewatering Permit to be applied for by Contractor Client's Initials. Engineer's Initials: Page 7 of 9 Packet Pg. 294 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 SCHEDULE — EXHIBIT B Work will commence upon written notification to proceed. Duration is estimated to be 8 months. All work is estimated to be completed no later than February 28, 2017. Milestone submittal dates for each task based upon a Notice To Proceed of July 1, 2016 is provided as follows: Task Submittal Date Task2.2: Geotechnical Report 08/01/16 Task 2.3: Preliminary Contamination Assessment 09/02/16 Task 3.1: Phase I, 30% Plan Submittal 8/26/16 Task 3.2: Phase II, 60% Plan Submittal 10/28/16 Task 3.3: Project Permitting 10/28/16 Task 3.4: Phase III, 90% Plan Submittal 12/09/16 Task 3.5: Phase IV, 100% Construction Plan Submittal 01/20/17 Task 3.5: Bid Documents 02/03/17 The project deliverables associated with the project will be delivered to the County in accordance with the schedule provided above. Three (3) hard copies and PDF and Auto Cadd electronic files of each of the deliverables will be as Follows: ■ 30% Plans - 11" x 17" Format ■ Geotechnical Report ■ Preliminary Contamination Report ■ 60% Plans - 11" x 17" Format ■ Permit Applications ■ 90% Plans —11" x 17" Format ■ 100% Plans — 11" x 17" Format ■ Technical Specifications 8& Bid Form Client's Initials: Engineer's Initials: Page S of 9 Packet Pg. 295 10.B.1.b CULPEPPER & TERPENING, INC. FISHERMAN'S WHARF ROADWAY DESIGN STORMWATER AND PERMITTING CONTRACT C14-11-659 WORK AUTHORIZATION No. June 02, 2016 Draft 2 COMPENSATION — EXHIBIT C Services will be provided in accordance with the Continuing Services Contract No. C14-11-659. Payment will be as follows Phase/Task Description Task Fee Phase 2 Preliminary Design Services Task 2.1 Design Survey $ 6,180,00 NTE Task 2.2 Geotechnical Design Exploration $ 6,300.00 NTE Task 2.3 Preliminary Contamination Assessment $53,400.00 NTE Task 2.4 Fisherman's Wharf Master Plan Assist. 3 4,320.00 NTE Phase 2 Sub -Total $70,200.00 NTE Phase 3 Final Design Services Task 3.1 Phase I (30%) Roadway Plan Submittal $15,960.00 NTE Task 3.2 Phase II (60%) Roadway Plan Submittal $17,055.00 NTE Task 3.3 Project Permitting $ 7,400.00 NTE Task 3.4 Phase III (90%) Roadway Plan Submittal $10,740.00 NTE Task 3.5 Phase IV (100%) Roadway Plan Submittal $ 7,545.00 NTE Task 3.6 Landscape & Irrigation Plans $14,400.00 NTE Task 3.7 Street Lighting Plans $ 5.700.00 NTE Phase 3 Sub -Total $78,800.00 NTE Phase 4 Bidding Services Task 4.1 Bidding Assistance S 2300.00 NTE Phase 4 Sub -Total $ 2,300.00 NTE Total Fees $151,300.00 NTE = Will be billed on an hourly basis Not to Exceed the amount shown without approval from the Client. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement. Client's Initials: Engineer's Initials: Pagc9 of9 Packet Pg. 296