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Home My WebLink AboutAgenda Packet 08.02.2016T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, August 2, 2016 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chairman KIM JOHNSON District No. 1, Vice -Chairman CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 3 PAULA A. LEWIS District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 81112016 9:04 AM Regular Meeting Tuesday, August 2, 2016 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, August 2, 2016 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES There are no items scheduled. 5. PROCLAMATIONS APPROVAL A. Proclamation - Recognizing the launch of the Treasure Coast Manufacturers' Association (TCMA) in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. NACIO Award Presentation - Nicole Fogarty, Legislative Affairs Manager B. 2016 Chili Cook -Off Awards Presentation - Ed Matthews, Parks, Rec & Facilities Director 8. CONSENT AGENDA A. WARRANTS 1. Warrant List 42 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). 3 1 P a g e Regular Meeting Tuesday, August 2, 2016 6:00 PM 2. Minto LakePark at Tradition - Educational Facilities Impact Fees - Request for Refund Staff recommends that the Board authorize the School Board to refund educational facilities impact fees (less administrative expenses retained by the City of Port St. Lucie) paid by the developer of LakePark at TownPark (Tradition). 3. Amendment to Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation (FDOT) Staff recommends that the Board approve the proposed amendment and authorize the Chairman to sign the amendment. 4. Resolution - Reimbursement Resolution regarding possible improvements to the St. Lucie County Sports Complex Staff recommends that the Board approve the resolution and authorize the Chairman to sign the resolution. 5. Florida Yards and Neighborhood Program - Termination of Interlocal Agreement Staff recommends that the Board terminate the Florida Yards and Neighborhoods Program Interlocal Agreement and request the other parties waive the six (6) month notice requirement. D. COMMUNITY SERVICES There are no items scheduled. ��L�lilirel�7fri1►l��l:L��[�I►1 There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Second Amendment To The July 14, 2009 General Financial Advisory Agreement 4 1 P a g e Regular Meeting Tuesday, August 2, 2016 6:00 PM Staff recommends the Board approve the second amendment to the contract with Public Financial Management, Inc. (PFM), exercising the second three-year renewal option effective July 13, 2015 and extend the contract through July 13, 2018. K. PARKS, RECREATION & FACILITIES There are no items scheduled. L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS There are no items scheduled. 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 There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA There are no items scheduled. 5 1 P a g e Regular Meeting Tuesday, August 2, 2016 6:00 PM 11. ANNOUNCEMENTS A. 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. B. 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. C. The Board of County Commissioners will hold a Regular Board meeting on September 6, 2016 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold two Budget Hearings, on September 8th and 22nd respectively, as they consider and adopt the annual budget for FY2016/2017. Both hearings will be begin at 6:00 p.m. and will be held in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Master Gardeners of St. Lucie County are holding their Family Fall Festival on Saturday, October 8th from Sam to 2pm 12. MOTION TO ADJOURN 6 1 P a g e 5.A ITEM NO. RES-2016-116 TO: PRESENTED BY: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney I07-VIr1 08/02/2016 *PROCLAMATIONS APPROVAL SUBJECT: Proclamation - Recognizing the launch of the Treasure Coast Manufacturers' Association (TCMA) in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board recognize the launch of the Treasure Coast Manufacturers' Association in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures •A-0 Heather Yvung, Asst. County Attorney 7 25/2-16 Packet Pg. 7 5.A.a RESOLUTION A RESOLUTION IN RECOGNITION OF THE LAUNCH OF THE TREASURE COAST MANUFACTURERS' ASSOCIATION (TCMA) IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Late in 2015, Tammy Roncaglione and Jarrod Trefelnor of Center State Bank, along with the EDC's Pete Tesch, met with local manufacturers to discuss the formation of an organization whose mission would be to promote the collective interests of manufacturers, distribution centers and other wholesale operations. 2. After several meetings with a core group of manufacturers, the TCMA, a private 501C(6) not - for -profit corporation, was created to manage a local and regional manufacturers' trade association, advocating public policy and focusing on mutual areas of concern pertaining to the industry. 3. The EDC will provide administrative and programmic support and professional staff to the organization. 4. TCMA benefits and services include, but are not limited to, workshops and seminars, legislative and local government advocacy, education and training, coordination with the National Association of Manufacturers, Manufacturers Association of Florida, and South Florida Manufacturers Association, plant tours, quarterly membership meetings and monthly board meetings. 5. The TCMA Kick-off event is scheduled for Friday, August 12, 2016 from 7:30 -10:00 am, Pelican Yacht Club, Fort Pierce. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of St. Lucie County, Florida as follows: 1. This Board does hereby recognize and congratulate the launch of the Treasure Coast Manufacturers' Association and encourage our local manufacturing companies to join the organization as we, together, build our local economy. PASSED AND DULY ADOPTED this 2nd day of August, 2016. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ■T M.1A WIL APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r a Packet Pg. 8 8.A.1 07/22/16 FZABWARR FUND TITLE 001 001460 001538 001550 001563 001572 001573 001574 001575 101 101002 101003 101004 102 102001 104003 107 107001 107003 107005 107006 107183 107184 113 114 116 117 119 123 127 128 129 130 130118 130119 130120 130121 130122 130218 130219 130220 130221 136 138 140 140376 160 181 ST. LUCIE COUNTY - BOARD WARRANT LIST #42- 16-JUL-2016 TO 22-JUL--2016 FUND SUMMARY General Fund FCTD Planning Grant HUD Neighborhood Stab 3 HUD Shelter Plus Care HUD CDBG FY 2013 HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology USDOJ Edward Byrne Grant SCAAP 2014 Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5317 FY13/14 New Freedom FTA 5307 FY13 FTA 5311 FY 2015 FTA 5307 FY 2014 FTA 5339 FY 2013 Capital FDOT Block Grant FY 2015 FDOT Lakewood Pk Reg Bus Rte FCTD Trip & Equip FY 2016 FDOT Service Development Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund SLC Housing Finance Authority Fund EXPENSES 123,224.49 325.00 334.80 4,799.00 20,883.70 9,945.00 10, 538.24 2,239.75 6, 979.17 1,000.00 11,470.50 31,627.84 28,738.05 5,668.09 34,033.80 216.30 62,194.45 24,913.22 5,789.75 9,434.25 24,673.80 615.40 1, 980.13 235.10 576.52 630.27 144.39 842.55 393.35 513.40 633.90 39,595.00 197,732.94 4,616.58 40,359.86 11,494.31 80,307.92 3,580.64 69,881.95 8,076.84 45,609.89 1,376.10 2,353.60 321.41 404.66 30,112.38 11,578.03 1,554.11 PAGE PAYROLL 3, 329.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 z 0.00 0.00 Q 0.00 0.00 N 0.00 V 0.00 Z y 0.00 J 0.00 0.00 0.00 M 0.00 0.00 `0 0.00 0.00 0.00 0.00 E 0.00 0 0.00 V 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 Packet Pg. 9 07/22/16 FZABWARR FUND TITLE 183 183001 183004 184224 185015 185016 187 189110 189111 190 216 310001 310006 316 318 321 382 401 418 451 471 491 505 505001 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #k42- 16-JUL-2016 TO 22-JUL-2016 FUND SUMMARY Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Fort Pierce IMP Implementation FHFC SHIP 2014-2015 FHFC SHIP 2015-2016 Boating Improvement Projects Horne Consortium 2014 Home Consortium FY 2015 Sports Complex Fund County Capital I&S Impact Fees -Library Impact Fees -Transportation County Capital County Capital -Transportation Bond Capital Imp Rev Bonds 2015 Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL EXPENSES 13,006.13 260.00 4,011.39 116,176.00 1, 980.00 167.40 6,700.00 33,377.29 21,890.96 11,855.08 1,202.00 89.98 47,165.25 11,930.00 580.00 50,069.30 87.85 57,537.60 18,901.34 652.98 2,231.56 826.28 1,201,956.39 20,024.07 1,300.00 18,541.16 2, 617, 070. 44 8.A.1 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 4,125.94 H z a Packet Pg. 10 8.C.1 ITEM NO. (ID # 3691) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 08/02/2016 *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 #16531 dated June 30, 2016 and received July 25, 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 , June 7, 2016 and July 26, 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. 11 8.C.1 Coordination/Signatures Heather Young, Asst. County Attorney 7/26/2016 Updated: 7/26/2016 11:10 AM by Carol Bishop Page 2 Packet Pg. 12 8.C.1.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 June 30, 2016 Invoice # 16531 Client # 3919-001 V FOR PROFESSIONAL SERVICES RENDERED Re: All Aboard Florida; Administrative an Civil Litigation Options JUL 2 5 2016 PROFESSIONAL SERVICES COUNTY ATTORNEY DATE LAWYER DESCRIPTION HOURS AMOUNT Jun-02-16 SJF McIntyre email, review quiet zone documents 0.40 $110.00 Jun-09=16 SJF McIntyre email, resolution re: Frey 0.20 $55.00 Jun-10-16 SJF Monitor WMD status;'conference call with parties 1.00 $275.00 Jun-13-16 SJF Emails with McIntyre, review Kim Delaney quiet zone 1.00 $275.00 memo, monitor WMD status Jun-17-16 SJF, Monitor COE, WMD status 2.00 $550.00 Jun-20-16 SJF Phone call with Susan Martin re: status, conference call 2.40 -1$660.00 with Martin; monitor WMD status; phone call with Woodruff Jun-21-16 SJF Phone call with Barbieri; review documents re: Ch. 1.30 $35T50 119; phone call with Martin County re: same Jun-22-16 SJF Conference call with Woodruff, review documents re: 2.50 $687.50 Ch 119, emails re: Frey meeting; emails with staff, review AAF, WMD submittal Jun-23-16 SJF Review AAF submittal to COE, phone calls with staff. 3.00 $825.00 and Woodruff, phone calls with Susan Martin; review WMD files Jun-24-16 SJF Email Dayan, work on COE, WMD submittal analysis; 3.00 $825.00 monitor other party issues; phone call with Martin and WMD Packet Pg. 13 Matter: 3 919-001 Jun-27-16 SJF Monitor WMD status; phone call with Brain Accardo / General Counsel Jun-30-16 SJF Review COE files; review Richard Neill email; McIntyre email re: update Total Hours Total Fees SUMMARY OF PROFESSIONAL SERVICES Lawyer Hours Amount Segundo J. Fernandez 21.80 $5,995.00 8.C.1.a 2.00 $550.00 3.00 .$825.00 21.80 35,995.00 COSTS ADVANCED Jun-30-16 Consulting Services - Passarella & Associates, 185.00 Inc. Total Costs Advanced $185.00 Current Charges. $6,180.00 Interest Due $0.00 Previous Payments $7,589.96 Credit Memos $0.00 Previous Balance $7,553.53 Total Balance Due $13,733.53 Packet Pg. 14 PASSARELLA I:, MHaNng i.010 SL5 A sso ,J CIATES 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 ,Z-() � S-O�E All Aboard Florida Review Project #1 50FB2330 (Invoice 11) July 11, 2016 For services rendered in connection with the All Aboard Florida Review project per Professional Services Agreement dated March 12, 2015. Professional services through June 30,2016 Task 3.0 Technical Review of COE Permit Applications Billed Hours Rate Amount Administrative Assistant II 06/30/2016 COE Public notice comments 0.50 55.00 27.50 Senior Ecologist III - Office 06/22/2016 Reviewed SFWMD resubmittal 0.50 180.00 90.00 06/23/2016 Communication with Phillips re: COE resubmittals 1.25 180.00 225.00 Task subtotal 342.50 Task 4.0 SFWMD Permit Review Billed Hours Rate Amount Administrative Assistant II 06/22/2016 Downloaded AAF SFWMD RAI response files from attorney dropbox 0.50 55.00 27.50 Professional Services Due This Invoice: Total 370.00 $370.00 Oertel, Fernandez, Bryant & Atkinson, P.A Invoice date 07/11/2016 Packet Pg. 15 8.C.2 ITEM NO. (ID # 3683) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 08/02/2016 *CONSENT AGENDA\COUNTY ATTORNEY Minto LakePark at Tradition - Educational Facilities Impact Fees - Request for Refund About a year ago, the School Board determined that the age restrictions in a draft declaration for Minto's LakePark at TownPark (Tradition) project would, upon recording, qualify the development for exemption from the educational facilities impact fee. Unfortunately, the declaration was not timely recorded and the developer proceeded to draw building permits from the City of Port St. Lucie, paying educational facilities impact fees totaling over $100,000.00 to date. At some point the developer caught the error and has requested a refund of fees paid. The School Board has verified that the declaration was recorded on May 18, 2016 at O.R. Book 3869, pages 2110-2251. A potential problem with a refund under the circumstances presented is language in the County's ordinance which deems exemptions unclaimed at building permit issuance to be waived. The specific language is: Section 24-29. - Exemptions. (a) The following shall be exempted from payment of the educational facilities impact fee: (1) Alteration or expansion of an existing residential building where no additional residential unit is created and where the use is not changed. (2) The construction of accessory buildings or structures. (3) The replacement of a residential land use with a new unit of the same type and use. (4) The construction of adult facilities or residential structures in which minors cannot reside because of enforceable land use restrictions. (b) An exemption must be claimed by the feepayer at the time of the issuance of a building permit or electrical permit. Any exemption not so claimed shall be deemed waived by the feepayer. The School Board has no objection to the refund requested by the developer, less administrative expenses Packet Pg. 16 8.C.2 retained by the City of Port St. Lucie, so long as the developer did not receive a certificate of occupancy for any unit in the development prior to May 19, 2016. Copies of letters dated May 5, 2015 and May 27, 2016 from Marty E. Sanders, P.E. are attached. Similarly, County staff also does not object to the proposed refund. It appears from the facts presented that the developer and the School Board discussed the exemption on or before May 5, 2015 which was before the City issued building permits. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board authorize the School Board to refund educational facilities impact fees (less administrative expenses retained by the City of Port St. Lucie) paid by the developer of LakePark at TownPark (Tradition). COMMISSION ACTION: Coordination/Signatures iaie . McIntyre, Co my ttorney 7/21/2016 Updated: 7/21/2016 3:21 PM by Stephanie Bush Page 2 Packet Pg. 17 8.C.2.a School Board of St. Lucie County Facilities & Maintenance Department 327 NW Commerce Park Drive Port St. Lucie, Florida 34986 (772) 340-7100 - Fax (772) 340-4848 May 5, 2015 Janet Kroll, LCAM Manager, Community Services Minto Communities -Florida 4400 W. Sample Road, Suite 200 Coconut Creek, FL 33073 St. Lude PUBLIC SCHOOLS Re: LakePark (Tradition) -Education facilities impact fees Dear Ms. Kroll: This is in response to your request regarding the age restricted community and exemption front payment of education impact fees under the education facilities impact fee ordinance. We have reviewed the Draft Declaralions for LakePark (Tradition) as it relates to Educational Impact fee in respect to the age restrictions. As previously authorized by the School Board to inform the local government of no objections to exemption when a project is restricted against minor residence by enforceable land -use restrictions, this confirms our opinion that the provisions in Declaradons ,for LakePal-k will provide the enforceable restrictions and the listed community is exempt from the payment of educational impact fees once the binding restrictions are recorded under the provisions of Section 1-6.5- 60(a)(4). Please provide us with a copy of the recorded doCUIueIItS and we will issue a final letter confirming the exemption from payment of impact fees, If you have any questions, please feel free to give me a call. Sincerely, o�� U Marty E. Sanders, P.E. Executive Director of Growth Management, Land Acquisitions, Governmental Relations, Facilities & Maintenance MES:nitf H.ltly T*a park(L('L.•.PNk:t1'ra.I.rwsi.A'r Rrari:l4.v.�a ntjx:lin^.5.c-29f}.dtr cc: Genelle Yost, Superintendent Dan Harrell, SLCSB Attorney Johnathan Ferguson, School Board Attorney Patti Tobin, City of Port St. Lucie Joel Dramas, City of Port St. Lucic Building Department Packet Pg. 18 8.C.2.b S®L u c i PUBLIC SCHOOLS Mr. Mark Satterlee, AICP Deputy County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 327 NW Commerce Park Drive Port St. Lucie, FL 34986 772.340.7100 Fax 772.340.4848 www.stlucieschools.org May 27, 2016 Board Members Kathryn Hensley, Chairman Troy Ingersoll, Vice Chairman Debbie Hawley Carol A. Hilsnn Dr. Donna Mills Re: LakePark at TownPark (Tradition) —Educational facilities Impact Fees Request for refund of fees paid Dear Mark: Superintendent E. Wayne Gent This summarizes our discussions concerning the request of Minto TownPark, LLC, developer of the above project, for a refund of educational facilities impact fees paid when building permits were drawn for the first 31 units within the development. Last spring, the School Board received and reviewed proposed age restrictions contained in a draft declaration for the project. By letter dated May S, 2015, copy enclosed for ease of reference, I advised the developer's representative that, upon recording in the public records, the proposed restrictions would meet the criteria for exemption set forth in Section 24-29(a)(4) of the County's Educational Facilities Impact Fee Ordinance. I further advised that the Board would provide a final letter confirming exemption upon receiving a recorded copy of the declaration. Without first recording the declaration, the developer commenced drawing building permits for the project from the City of Port St. Lucie. Because the developer had no confirmed exemption, the City required and the developer paid educational facilities impact fees for each unit for which it received a permit. To date, the City has collected $191,642 of such fees for the project. As provided in the interlocal agreement among the County, the City, and the Board that governs collection and remission of educational facilities impact fees, the City has remitted that amount to the School Board, less a retained four percent for administrative expense. Apparently the City has issued no certificate of occupancy for any of the permitted units in the development. Once the School Board has verified recording of the declaration, it has no objection to the refund requested by the developer, less administrative expenses retained by the City, so long as the developer has not received a certificate of occupancy for any unit in the development. From the Board's perspective, retaining the fees under the circumstances presented here would create a greater problem (how to justify any future expenditure when there is no corresponding impact from the development) than would refunding the net amount paid. Section 24-29(b) of the Ordinance, however, poses a potential problem: Accredited Systern-wide by the Southern Association of Colfeges and Schools The School Board of St. Lucie County is an Equal Opportunity Agency �Qot..Wmr,. e - SULOF G & MANGIAL ar MM UMENT o PRACT,IM w a L W Cn Packet Pg. 19 8.C.2.b Mark Satterlee, AICP May 27, 2016 Page 2 (b) An exemption must be claimed by the feepayer at the time of the issuance of a building permit or electrical permit. Any exemption not so claimed shall be deemed waived by the feepayer. As I understand the matter, notwithstanding the above -quoted provision, the County has no objection to the School Board refunding the net amount of impact fees received for units within the development so long as the Board has verified recording of the declaration and the developer has received no certificate of occupancy for any unit in the development. Kindly confirm that my understanding of the County's position on the developer's requested refund of educational facilities impact fees paid respecting the development is correct. Thank you for your assistance. Enclosure {letter dated May 5, 2015) Cc: Mr. E. Wayne Gent, Superintendent Mr. Timothy Bargeron, CFO Mr. Daniel S. Mclntyre, Esq. Mr. Daniel B. Harrell ,incerely, { 00 6,t,_t�dl ��o �L Marty E. Sanders, P.E. ui Executive Director of Growth Management, Land a Acquisitions, Governmental Relations, Facilities and Maintenance c Cn Packet Pg. 20 8.C.3 ITEM NO. (ID # 3684) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 08/02/2016 *CONSENT AGENDA\COUNTY ATTORNEY Amendment to Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation (FDOT) On July 1, 2014, the Board approved a Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT). FDOT has drafted a proposed Amendment to the Traffic Signal Maintenance and Compensation Agreement, a copy of which is attached to this memorandum. A summary of the key nots/changes from the previous Agreement are as follows: Added Department of Financial Services/FDOT Comptroller standard payment terms to ensure invoices are paid and the agreements will stand up to a financial review. Simplified language for penalties and retainage. Changed responsibility for pursuing 3rd party damage insurance from Maintaining Agency to FDOT. Added requirement for the Maintaining Agency to provide and annual report of its traffic signal maintenance log. Added Forced Majeure clause to remove liability from both the Maintaining Agency and the FDOT in the event of an Act of God, etc. Changed responsibility for periodic mast arm maintenance from Maintaining Agency to FDOT. Increased requirement for record retention from 3 to 5 years to comply with Florida's public record rule. Increased time to repair critical detectors to 90 days (previous agreement was 60 days). Decreased inspections to 50% of signals every year (previous agreement was 100% per year). Added requirement to allow FDOT access to traffic signal data. Deleted checklist in Exhibit C. Packet Pg. 21 8.C.3 Added new Exhibit C with form for reimbursement for 311 party damage. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the proposed amendment and authorize the Chairman to sign the amendment. COMMISSION ACTION: Coordination/Signatures 1%. i]N' 24� - anie S. McIntyre, c my ttorney 7/22/2016 Updated: 8/1/2016 8:57 AM by Katrina Slay Page 2 Packet Pg. 22 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. FINANCIAL PROJECT NO. F. E.I D. NO. AMENDMENT NO. THIS AMENDMENT TO THE TRAFFIC SIGNAL AND MAINTENANCE AGREEMENT ("Amendment') is made and entered into on this [enter date] day of [enter month] [enter year], by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("Department'), an agency of the State of Florida, and (enter name of Maintaining Agency), ("Maintaining Agency"). RECITALS WHEREAS, the Department and the Maintaining Agency on [enter date] entered into a Traffic Signal Maintenance and Compensation Agreement ("Agreement'). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions contained in Attachment 1", Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement, attached to and incorporated into this Amendment. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth above. (Maintaining Agency) By (Authorized Signature) Print/Type Name: Title: Attorney: Date: Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By (Authorized Signature) Print/Type Name: Title: Legal Review: Packet Pg. 23 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC S REVISED TERMS AND CONDITIONS FOR THE oerle TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F,E.I,D. NO. The following terms and conditions replace and supersede all the existing terms and conditions contained within the Traffic Signal and Maintenance Agreement: A, The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement B. The Maintaining Agency is authorized under to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect/ network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays ("Project"). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as ("Traffic Signals and Devices"). The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation will also be made for costs incurred for the repair and/or replacement of damaged Traffic Signals and Devices as identified in Exhibit C, attached and incorporated into this Agreement. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. If Traffic Signals and Devices are damaged and the Maintaining Agency did not cause the damages, then the Department shall reimburse the Maintaining Agency for the actual costs incurred by the Maintaining Agency for repairs and/or replacement of Traffic Signals and Devices, once the following occurs: a. The Department has approved a properly completed invoice for reimbursement that was provided to the Department outlining the details of the requested reimbursements; and b. Evidence of the costs incurred were included as an attachment to the invoice. Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs incurred for repair and/or replacement of damaged Traffic Signals and Devices. Exhibit C also serves as a form invoice that can be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or replacement work. If there is an immediate risk to public safety due to damaged Traffic Signals and Devices and the Maintaining Agency is unable to immediately obtain the Department's written approval regarding the method of repair and/or replacement, then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency shall notify the Department within thirty (30) calendar days of becoming aware of any damage to Traffic Signals and Devices caused by third parties. The Department shall be responsible for pursuing reimbursement from individuals and/or the third parties who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals Packet Pg. 24 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06116 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 2 of 6 and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the damages were caused by the Maintaining Agency. 4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a mannerthat will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service, and routine repairs), restoration of services, and emergency maintenance (troubleshooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and number of times such events occurred. 6. Neither the Maintaining Agency nor the Department shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. A "Force Majeure Event" means the occurrence of: (a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder; (b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms, lightning, tornados, tidal waves, floods, extreme weather or environmental conditions, and other natural calamities); (c) or another event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence. The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection report will serve as ninety (90) days notification to the Maintaining Agency that deficiencies exist that require preventive maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring repair and replacement, graffiti removal, all signal related issues (including lighting, signs and connections), tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, repairing improper grounding, and repainting any painted mast arms installed after April 30, 2015. If the preventive maintenance is not carried out after the expiration of the 90-day notice given to the Maintaining Agency, the Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for the affected signal locations each month. S. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useV life cycle will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April 30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply to any mast arm that was installed under a separate mast arm paint finish agreement; in such case, the terms of that agreement shall govern. 9. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency, All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. Packet Pg. 25 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-01CI-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06116 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 3 of 6 11. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates as its authorized representative(s), who is delegated the authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency, Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year through an amendment to Exhibit A must be maintained and operated by the Maintaining Agency upon the Department's final acceptance. The Maintaining Agency and the Department shall amend Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 13. Payment will be made in accordance with Section 215.422, Florida Statutes 14. There shall be no reimbursement for travel expenses under this Agreement 15. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 16. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency 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. 18. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 19. Records of costs incurred under the terms of this Agreement shall be maintained 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 Maintaining Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 20. 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 agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the Agreement. Invoices submitted after the 120-day time period may not be paid. 22. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "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 Packet Pg. 26 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06116 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 4 of 6 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 such 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 $25,000.00 and which have a term for a period of more than 1 year." 23. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Maintaining Agency, in writing, when funds are available. 24. In accordance with Section 287.134, Florida Statutes, 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, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25. 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 26, An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Maintaining Agency. 27. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 29. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal, If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment, suspend funds, or terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions: Critical Detection devices include the detectors on side -streets and in left turn lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side -street and main street left turn detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery. The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times. At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated times, the agency shall document the reason(s) why in the annual report. When the 90% Critical Detection device Packet Pg. 27 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 9 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06115 Page 5 of 6 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT requirement is (are) not met, a 10% retainage of the total annual compensation amount (as shown in Exhibit B) for the affected Critical Detection device location(s) each month will be withheld after the 90-day period. b. Traffic signal preventive maintenance inspections: Traffic signals shall receive a comprehensive preventive maintenance inspection on at least 50% of all traffic signals annually, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal is cycling properly, the ventilation system is functioning and filters are clean, Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be documented and included in the annual report to the Department, The inspection report shall note the location, date of inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected traffic signal locations until the preventive maintenance inspection is made. If not performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected traffic signal locations will be forfeited. c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department. 32. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of Traffic Signals and Devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 33. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without prior written consent of the Department. 34. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement. 35. At no additional cost to the Department, the Maintaining Agency shall provide the Department access to all traffic signal data available from the firmware of the traffic signal controllers and other devices covered under this Agreement. The Maintaining Agency shall include the Department as a party to all traffic signal firmware/software related agreements that the Maintaining Agency enters into with other parties. 36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 37. In no event shall the making by the Department of any payment to the Maintaining 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 Maintaining 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. 38. The term of this Agreement is twenty (20) years from the date of execution of the Agreement; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 39, Any Project funds made available by the Department which are determined by the Department to have been expended in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining Agency files shall not constitute a waiver of the Department's rights and Department has the right to verify all information at a later date by audit or investigation. Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In the event Packet Pg. 28 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 OPERATIOONSTRANS REVISED TERMS AND CONDITIONS FOR THE oe116 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 6 of 6 the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall return funds in accordance with this paragraph within thirty (30) days of termination of the Agreement. 40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 41. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. 43. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 44. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the Agreement; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement 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 Agreement term. 45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees, interest, or cost of collection. 46. The Parties agree 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. 47. Exhibits A, B, and C are attached and incorporated into this Agreement. 48. 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The Maintaining Agency will receive one lump sure payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals that are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016, The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic - Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s (TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 1 783 626 1,096 313 313 1 100 100 2017-18 Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. *Compensation pro -rats based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual costs incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of Packet Pg. 31 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC S REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL 06116 Exhibit 8 Page 2 of 2 MAINTENANCE AND COMPENSATION AGREEMENT damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional information requested by the Department to justify the costs incurred. The reimbursement amount is subject to approval by the Department. 4.0 PAYMENT PROCESSING For regular maintenance costs, the Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 301h of each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department on a quarterly basis. Packet Pg. 32 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices 750-010-22 TRAFFIC OPERATIONS 06116 Exhibit C Page 1 of 1 The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or repair of Traffic Signals and Devices damaged as a result of third parties or as a result of other causes that were not caused by the Maintaining Agency. The Maintaining Agency is not required to provide a police report in situations where damage is caused to Traffic Signals and Devices by a Force Majeure Event or as a result of other causes beyond the control of the Maintaining Agency that do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning, flooding and other natural and weather related causes. The Maintaining Agency must provide a police report in all situations where a traffic accident, theft, or vandalism causes damage to Traffic Signals and Devices to the extent the Maintaining Agency has the ability and opportunity to obtain a police report. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The following information shall be provided by the Maintaining Agency to be eligible for the reimbursement payment: Date and Time of Accident/ Incident: Location ofAccidentllncident: Provide Police Report (if applicable) and the Following Information: 1. Attach pictures of damaged traffic signals and devices. 2. Attach invoices or receipt of equipment purchased to replace damaged components. 3. Attach detailed documentation of labor costs associated with replacing andlor repairing damaged components, including dates of performance and completion of the work. Contract No.: Project No.: Total Lump Sum Reimbursement Amount $ The Maintaining Agency hereby certifies that it has replaced and repaired all the Traffic Signals and Devices at the location or signalized intersection referenced above. Henceforth, this document is the Maintaining Agency's request for reimbursement to the Department for the services of restoring the Traffic Signals and Devices to their original operating condition. The Parties agree to the Total Lump Sum Reimbursement Amount set forth above. Maintaining Agency Date District Traffic Operations Engineer Date Packet Pg. 33 8.C.4 ITEM NO. RES-2016-117 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 08/02/2016 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Reimbursement Resolution regarding possible improvements to the St. Lucie County Sports Complex Sterling Facility Services, LLC is discussing with County staff the possibility of funding and constructing improvements to the St. Lucie County Sports Complex. As part of these discussions, County staff has involved the County's bond counsel and the County's financial advisor. The County's bond counsel has suggested that the County consider adopting a resolution declaring the County's intention to reimburse itself from tax exempt bond proceeds for prior expenditures made in furtherance of capital projects. A copy of the draft resolution prepared by bond counsel is attached. Please note that by adopting the draft resolution, the Board is not approving the funding or the construction of the Sports Complex improvements. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the resolution and authorize the Chairman to sign the resolution. COMMISSION ACTION: Packet Pg. 34 8.C.4 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 7/22/2016 Updated: 7/27/2016 11:04 AM by Katrina Slay Page 2 Packet Pg. 35 8.C.4.a NGN Draft No. 1 6/28/16 016.14 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA WITH RESPECT TO REIMBURSEMENT OF CERTAIN COSTS AND EXPENDITURES RELATING TO PUBLIC IMPROVEMENTS IN AND FOR ST. LUCIE COUNTY, FLORIDA. WHEREAS, St. Lucie County, Florida (the "County") will incur various costs and expenditures relating to certain capital costs associated with County sports and other facilities; and WHEREAS, the County has determined it is in its best interest to reimburse such costs from proceeds of tax-exempt debt; and WHEREAS, the United States Department of Treasury has issued various regulations in regard to reimbursement of governmental costs through the issuance of tax-exempt debt; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. It is the intent of the County to reimburse various costs and expenditures relating to the acquisition of certain capital costs associated with improvements to County properties, including its existing sports/stadium facility. The County reasonably anticipates that it will pay for such costs and expenditures from general revenues of the County. It is reasonably expected that reimbursement of such costs and expenditures shall come from the issuance of tax- exempt debt which is not expected to exceed $55,000,000 aggregate principal amount. It is currently the intention of the County to principally secure such tax-exempt debt by tourist development tax revenues of the County. The expenditures to be reimbursed shall be consistent with the County's budgetary and financial policy as being the type of expenditures which shall be paid on a long-term basis. SECTION 2. The County shall comply with all applicable law in regard to the public availability of records of official acts (i.e., adoption of this resolution) by public entities such as the County including making this resolution available to public inspection. SECTION 3. It is the intent of this resolution to meet the requirements of Treasury Regulations Section 1.150-2 and to be a declaration of official intent under such Section. SECTION 4. This resolution shall take effect immediately. Packet Pg. 36 8.C.4.a ADOPTED this day of 12016. ATTEST: Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners Packet Pg. 37 8.C.5 ITEM NO. (ID # 3672) 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: 08/02/2016 *CONSENT AGENDA\COUNTY ATTORNEY Florida Yards and Neighborhood Program - Termination of Interlocal Agreement In 2004, St. Lucie County, Martin County, the City of Stuart, and the University of Florida, Institute of Food and Agricultural Sciences ("IFAS"), Florida Cooperative Extension entered into an Interlocal Agreement which established shared responsibilities and costs for the Florida Yards and Neighborhoods Program. This program provided information to area homeowners with regard to planting and maintaining landscaping best suited for the Florida climate and growing conditions. The local extension agent who performed these services was employed by the Martin County Cooperative Service Office until his recent retirement. At this time the position remains vacant. If the position is filled in the future, the program will be limited to support services in Martin County. Accordingly, staff is recommending that the Board terminate its participation in the Interlocal Agreement and request that the other parties waive the six (6) month notice requirement provided in the Agreement. Martin County staff has indicated their support for this request. PREVIOUS ACTION: On April 27, 2004, the County entered into an Interlocal Agreement with Martin County, the City of Stuart, and the University of Florida Institution of Food and Agricultural Sciences, Florida Cooperation Extension Service, for support of the Florida Yards and Neighborhoods ("FYN") Program. On November 27, 2006, the parties entered into a First Amendment to the Interlocal Agreement to amend the funding and administrative rules for the FYN Program. On November 22, 2011, the parties entered into a Second Amendment to the Interlocal Agreement to clarify certain policies and update remittance of invoice procedures for the FYN Program. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board terminate the Florida Yards and Neighborhoods Program Interlocal Agreement and request the other parties waive the six (6) month notice requirement. Packet Pg. 38 8.C.5 COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, Co my ttorney 7/20/2016 r %! Updated: 8/1/2016 9:04 AM by Katrina Slay Page 2 Packet Pg. 39 8.J.1 ITEM NO. (ID # 3669) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 08/02/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Asheley Hepburn, Office of Management & Budget Director Office of Management & Budget Second Amendment To The July 14, 2009 General Financial Advisory Agreement Public Financial Management, INC. (PFM) is the County's Financial Advisor. Our contract with PFM expired July 13, 2015 however they have continued to work under the same terms and conditions. Staff recommends the Board of County Commissioners approve the second amendment to the contract with PFM, exercising the second three-year renewal option effective July 13, 2015 and extend the contract through July 13, 2018. PREVIOUS ACTION: July 14, 2009 - entered into a General Financial Advisory Agreement with Public Financial Management, Inc June 26, 2012 - executed the First Amendment to the contract exercising the 1st three - year renewal option and extending the term through July 13, 2015 FINANCIAL IMPACT: Suffiecient funds are available in 001/1901/100/531 RECOMMENDATION: Staff recommends the Board approve the second amendment to the contract with Public Financial Management, Inc. (PFM), exercising the second three-year renewal option effective July 13, 2015 and extend the contract through July 13, 2018. COMMISSION ACTION: Packet Pg. 40 8.J.1 Coordination/Signatures h y burn, offi e e Budget Director 7/26/2016 Heather Young, Asst. County Attorney 2�'7/26/20 6 Ho and Tipton, Countf Administrate 7/27/2016 Updated: 8/1/2016 8:59 AM by Katrina Slay Page 2 Packet Pg. 41 C09-07-357 8.J.1.a SECOND AMENDMENT TO THE JULY 14, 2009 GENERAL FINANCIAL ADVISORY AGREEMENT BETWEEN ST. LUCIE COUNTY AND PUBLIC FINANCIAL MANAGEMENT, INC. THIS SECOND AMENDMENT, is made and entered into this _ day of 12016, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County' and PUBLIC FINANCIAL MANAGEMENT, INC., or his, its or their successors, executors, administrators, and assigns, (the "Contractor") WHEREAS, on July 14, 2009 the parties entered into a General Financial Advisory Agreement; and, WHEREAS, on June 26, 2012, the parties executed the first amendment to the contract exercising the first three-year renewal options and extending the term through July 13, 2015; and, WHEREAS, the parties desire to further amend the contract to exercise the second three-year renewal option extending the contract through July 13, 2018. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph IV. TERM OF AGREEMENT/TERMINATION shall be amended to read as follows IV. TERM OF AGREEMENT/TERMINATION The term of this Agreement shall be for a period of nine (9) years beginning on July 14, 2009. This Agreement may be terminated by either party on 30-days written notice to the other party. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. WITNESSES: (1) (2) ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 42 8.J.1.a C09-07-357 WITNESSES: (1) (2) PUBLIC FINANCIAL MANAGEMENT, INC. BY: PRINT NAME: TITLE: 2 Packet Pg. 43 8.J.1.b BOARD OF COUNTY COMMISSIONERS July 9, 2012 AM Ed T, ST. LC.I,C I E p 3'. 3 David C. Miller, Managing Director Public Financial Management, Inc. Lincoln Plaza, Suite 1170 300 S. Orange Avenue Orlando, Florida 32801 Re: First Amendment to Contract C09-07-357 General Financial Advisory Agreement Dear Mr, Miller: Enclosed please find one (1) fully executed original copy of the above referenced amendment for your records. Your contract with St. Lucie County is now extended through July 13, 2015. Please feel free to contact me should you have any questions. Since y, Mel ssa Sim erl Contracts Coordinator /mrs Enclosures cc: Office of Management and Budget LO Do olnc' L a 0 A Q 2 c 0 c ii `m c m 0 0 N T i d z 0 c m E c m E a 0 a) CD co co M CHRIS DZADOVSKY, Disrricr No. 1 • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CHRI5 CRAFT, District No.: Q County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue • Fort Pierce, FL. 34982-5652 • Phone (772) 462-1700 FAX (772) 462-1704 • TDD (772) 462-1428 web site: www.5flucleco.org I Packet Pg. 44 8.J.1.b C09-07-357 FIRST AMENDMENT TO THE JULY 14, 2009 GENERAL FINANCIAL ADVISORY AGREEMENT BETWEEN ST. LUCIE COUNTY AND PUBLIC FINANCIAL MANAGEMENT, INC. THIS FIRST AMENDMENT, is made and entered into this C916 day of 2012, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, the "County" and PUBLIC FINANCIAL MANAGEMENT, INC., or his, its or their successors, executors, administrators, and assigns, (the "Contractor"). and, WHEREAS, on July 14, 2009 the parties entered into a General Financial Advisory Agreement; WHEREAS, the parties desire to amend the contract to exercise the first three-year renewal option extending the contract through July 13, 2015. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph IV. TERM OF AGREEMENT/TERMINATION shall be amended to read as follows: IV. TERM OF AGREEMENT/TERMINATION The term of this Agreement shall be for a period of six (6) years from July 14, 2009. This term may be extended for one (1) additional three (3) year period on the same terms and conditions. Any such extension shall be in writing and executed in the same manner as this Agreement. This Agreement may be terminated by either party on 30-days written notice to the other party. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. /WITNESSE (2) ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR Packet Pg. 45 8.J.1.b C09-07-357 APPROVED COUNTY A WITNESSES: PUBL INANCIAL MANAGEMENT, INC. 4 (1)2 BY: (2 PRINT NAME: 06_0+ a C • ()u TITLE: Mar . /•� L�f' Packet Pg. 46 8.J.1.c RFQ #09-045 REQUEST FOR QUALIFICATIONS FOR FINANCIAL ADVISOR SERVICES FOR THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DUE DATE: WEDNESDAY, JUNE 243 2009 DUE TIME: 2:00 P.M. a OWN COUNTY D A im St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (772) 462-1700 Packet Pg. 47 8.J.1.c BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 2:OOPM local time on WEDNESDAY, JUNE 24, 2009, for the following: RFQ #09-045 FINANCIAL ADVISOR SERVICES RFP documents may be obtained via the Internet using the County's website at http://www.co.st-lucie.fl.us. If you do not have Internet access, you may obtain the documents by calling Demand Star by Onvia 800-711-1712 and request Document Number 09-045 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any RFQ'S 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, Proposal Results and other information visit the St. Lucie County Purchasing Web Site at http://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, Procurement Coordinator Publish: Sunday, May 24, 2009 RFQ #09-045 2 FINANCIAL ADVISOR SERVICES Packet Pg. 48 8.J.1.c TABLE OF CONTENTS Part I General Information 1-1 Definitions 1-2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Awards 1-5 Development costs 1-6 Inquiries 1-7 Timetables 1-8 Delays 1-9 Proposal Submission and Withdrawal 1-10 Rejection of Irregular Qualifications 1-11 Addenda 1-12 Equal Opportunity 1-13 Oral Presentation 1-14 Insurance 1-15 Lobbyist Disclosure 1-16 Public Entity Crimes Statement Part II Statement of Work 2-1 Background 2-2 Submittal Requirements 2-3 Scope of Services Part III Evaluation of Qualifications Part IV Proposer Information Part V Questionnaire RFQ #09-045 3 FINANCIAL ADVISOR SERVICES Packet Pg. 49 8.J.1.c GENERAL INFORMATION PART 1-1 DEFINITIONS For the purposes of this Request for Qualifications ("RFQ"), Proposer shall mean consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals for the purpose of obtaining the services of financial advisor services for St. Lucie County Board of County Commissioners. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Proposer understands that this RFQ does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until Qualifications are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. The Board reserves the right to reject all proposals, to waive any informality, and to solicit and re -advertise for other proposals. 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposer should prepare their Qualifications simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for this RFQ to: Desiree Cimino, Senior Buyer St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Pierce, Florida, 34982. (772) 462-1704 (fax) E-mail: ciminod@stlucieco.org RFQ #09-045 4 FINANCIAL ADVISOR SERVICES Packet Pg. 50 8.J.1.c The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the Proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the Proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFQ. 1-7 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFQ. A. On May 24, 2009, the Board issues the RFQ- B. From May 24, 2009 to June 15, 2009, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 2:OOPM on Wednesday, June 24, 2009. D. From opening time, the Selection Committee will review and evaluate the Qualifications on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-9 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive Proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "Financial Advisor Services for the St. Lucie County Board of County Commissioners" (RFQ #09- 045)". The envelope shall also include the Proposer's return address. r a RFQ #09-045 5 FINANCIAL ADVISOR SERVICES Packet Pg. 51 8.J.1.c Proposers shall submit eight (8) including one marked original on the outside (with an original signature inside) of the proposal in a sealed, opaque package marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 2:OOPM ON Wednesday, June 24, 2009. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Proposals to the County prior to the deadline set for receiving Proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their Qualifications by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Qualifications in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, Proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-10 IRREGULARITIES; REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non -responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all Proposals without cause. 1-11 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFP will be made available for all prospective proposers to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer to ensure it is received. 1-12 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public r procurement and encourages participation by minority and women business co enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their Proposals. E r a RFQ #09-045 6 FINANCIAL ADVISOR SERVICES Packet Pg. 52 8.J.1.c 1-13 ORAL PRESENTATION The firms that have been selected for the final short list may be expected to render an oral presentation to the Selection Committee and/or the Board of County Commissioners based on past achievements, adequacy of personnel, past record, experience, such other factors as may be determined by the committee, and overall capabilities with special emphasis on governmental financial services. The Committee, Board or staff will schedule presentations. 1-14 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-15 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 PUBLIC ENTITY CRIME STATEMENT 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 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 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. RFQ #09-045 FINANCIAL ADVISOR SERVICES Packet Pg. 53 8.J.1.c 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. RFQ #09-045 8 FINANCIAL ADVISOR SERVICES Packet Pg. 54 8.J.1.c STATEMENT OF WORK PART II 2-1 BACKGROUND St. Lucie County is a political subdivision of the State of Florida, pursuant to the provisions of Section 11.45, Florida Statutes. It is governed by an elected five -member Board of County Commissioners elected by county -wide vote for overlapping four-year terms. In addition to the Board of County Commissioners ("Board"), there are five elected constitutional officers performing specifically designated governmental functions: Clerk of the Circuit Court ("Clerk"), Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector. The St. Lucie County Board of County Commissioners exercises a varying degree of budgetary control, but not administrative control, over the activities of the constitutional officers. A. Bond Ratings Moody's and S&P evaluated St. Lucie County's underlying creditworthiness in June of 2005. Moody's rated the county at A2. S&P gave the county a rating of A. Both ratings indicate the County is in the 'Upper Medium Grade' of investment quality. On March 29, 2007, Standard and Poor's assigned a rating of a+ for the $30,000,000 SLC, FL, Transportation Revenue Bonds, Series 2007. Moody assigned an A2 underlying rating to SLC $30 million Transportation Revenue Bonds, Series 2007. 2-2 SUBMITTAL REQUIREMENTS St. Lucie County invites qualified firms to submit proposals to provide Financial Advisor Services for the St. Lucie County Board of County Commissioners. Firms interested in this assignment are requested to submit a letter of interest and an information package. The package should include the following information in the given order: A. Letter of Transmittal - This letter will summarize in a brief and concise manner, the proposer's understanding of the scope of work and make a positive commitment to timely perform the work. The letter must name all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the proposer must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. B. Statement acknowledging receipt of each addendum issued by the County. C. Qualifications and experience of the firm(s)/individual(s) who will provide the a services. The submission should include: RFQ #09-045 9 FINANCIAL ADVISOR SERVICES Packet Pg. 55 8.J.1.c 1. Details on the qualifications of the firm's key individual(s) who will perform the work; including education, experience and specialized knowledge and legal expertise in governmental (including tax-exempt) field and experience in similar work. 2. Details on the qualifications of the firm, including documentation of the firm's experience with similar work; experience with major rating agencies, financial institutions and investors during the past two years; include firm's size, structure, location of management and charter authorization and licenses to do business in the State of Florida. Also include firm's national, statewide, and local service capabilities, including skilled technical and market resources of the firm. 3. List at least three (3) Florida references for the firm and three Florida references of the firm's key personnel showing performance of similar type contracts for previous work for the County and/or other governmental entities of similar size (include names, addresses, and phone numbers of each contact person). 4. Provide a statement of assurance that your firm is not presently in violation of any statutes or regulatory rules that might have an impact on your firm's operations, including those of the Securities and Exchange Commission, Municipal Securities Rulemaking Board, National Association of Securities Dealers, etc. and provide a summary of any litigation filed against the firm or key personnel in the past three years related to similar type of services requested. 5. Statement that firm selected will agree not to bid or participate in a syndicate which may bid, on any negotiated or competitive debt issued by the County during the term of the contract. The firm will be restricted from participating in the negotiated issues for a period of one year in the event of resignation by the firm 6. Affirmative statement if awarded contract confirming no conflicts of interest either directly or indirectly with any party. The Financial Advisor will be precluded by the terms of the agreement from participating, either directly or indirectly, as an underwriter in the sale of any bonds for which they have acted in the capacity as Financial Advisor. Alternatively, should any potential conflict exist, the prospective Financial Advisor's proposal should specify the party with which there might be a conflict, the nature of the potential conflict and the means proposed to resolve the conflict. 7. Proof of ability to obtain insurance as required in item 1-14. D. Availability - Indicate current and anticipated workloads and availability for other activities. Identify the extent and nature of any anticipated outside support. E. Plan of Financing Submittal Requirements - Proposers shall provide a brief Z narrative on the following: a RFQ #09-045 10 FINANCIAL ADVISOR SERVICES Packet Pg. 56 8.J.1.c 1. The steps your firm would follow in developing a financial plan and the corresponding duties and responsibilities the firm would assume in a new bond issue and a refinancing issue. 2. The technical and legal support services available to your firm and how they would be utilized in the formulation of the financing plan. 3. Describe the steps to which your firm would consider alternatives to traditional municipal bonds in developing the financing plan; describe your firm's related experience, naming firm members and other personnel involved in successfully designing and implementing alternative financing for counties or governmental clients. 4. Describe circumstances in which the firm would recommend competitive versus negotiated sales of debt issues. Indicate the role your firm would play as Financial Advisor under each method of sale. Describe your firm's experience with each method of sale. 5. Indicate the activities your firm would undertake in facilitating the sale and marketing of the County's debt issue. Describe related experience with such activities. F. 1. Schedule of Fees Submittal Requirements — The proposer shall provide a Fee Schedule for the following Scope of Services: General Obligation bonds Revenue bonds Non ad valorem revenue bonds 2. Describe the firm's proposed fee schedule for the proposed services and for various alternative -financing methods. Indicate the impact on the fee structure of a competitive sale versus a negotiated sale. 3. Consulting services may be requested in situations that do not involve a debt issue. If you intend to bill for such services, please provide a proposed billing procedure (such as hourly billing rates). 4. Indicate your firm's policy regarding out-of-pocket and or indirect cost expenses; if your firm proposes reimbursement from the County; please itemize the types of expense and basis of billing for each. 2-3 SCOPE OF SERVICES The Proposer shall provide comprehensive financial advisor services to the County. Upon written notice from the County, the successful proposer shall perform the following services subject to the conditions and in consideration of payments as hereinafter set forth: A. Develop a Financing Plan - For each project or program specified by the County's designated representative, the financial advisor will develop a plan of finance in a consultation with County staff, the County Attorney or his designee, the County's RFQ #09-045 1 1 FINANCIAL ADVISOR SERVICES Packet Pg. 57 8.J.1.c independent auditors, engineering consultants, bond counsel, special counsel or other consultants as authorized by the County's designated representative. The plan shall be based on engineering or feasibility studies relating to the proposed projects or programs, studies pertaining to revenue projections and the existing financial and legal structure of the County. The plan of finance will include, but not be limited to the following: 1. A thorough review and analysis of the existing financial resources and of all relevant data pertaining to the project(s) planned by the County. 2. Recommendations as to possible changes in or additions to the existing financial resources. 3. Review existing debt structure and financial resources to determine available borrowing capacity and the desirability of refinancing any or all of the County's existing debt. 4. Recommend appropriate financial structure for proposed projects and provide the County with information about the structure of financing programs used by other issuers. 5. Recommendations as to the need for short or intermediate -term financing prior to or in conjunction with long-term financing. 6. Provide advice on terms and features of bonds and on timing and marketing of bond issues. 7. Assist the County with the preparation of cash flow forecasts for proposed issues addressing debt service requirements and sources of funding. B. Services Related to Debt Issuance - In addition, the financial advisor shall, under normal circumstances, provide the following services in conjunction with the issuance of debt instruments by the County: 1. Evaluate and/or recommend a financial structure. 2. Prepare or assist in the preparation of preliminary and financial official statements 3. Develop and assist in rating agency presentations. 4. Assist counsel in preparation of trust indentures, bond resolutions, loan agreements or similar documents. 5. Evaluate bids for competitive sales. 6. Assist in the selection of underwriters for negotiated sales. 7. Monitor market conditions and recommend optimal time for market entry. RFQ #09-045 12 FINANCIAL ADVISOR SERVICES Packet Pg. 58 8.J.1.c 8. For negotiated sales, the financial advisor should assist in negotiating the gross - spread and the interest rates for each maturity offered. 9. Participate and assist in closings. 10. Provide recommendations at the County's request on the investment of proceeds. 11.Obtain or assist in obtaining commitments from bond insurers. 12.Obtain bids or proposals for financial printing services. 13.Obtain quotations for escrow verification services. 14. Provide an evaluation of the underwriters' performance. 15. Make recommendations to the County which, in Proposers opinion, will be helpful in maintaining favorable relationship with financial institutions. 16. Prepare and submit request for proposals for bank loans. Review the proposals and recommend to the County the proposal that offers the lowest overall borrowing cost and the most favorable terms. C. General Investment Services - Participation and review of St. Lucie County's Investment Policy and general investments as might be requested by the County. In this regard, with advance County authorization, participate in Investment Policy meetings and review any such information in connection therewith as may be requested by the County; review and participate in any such meetings regarding County investments as may be requested by St. Lucie County. Proposer will make every effort to provide St. Lucie County with continuity in staff during the term of the Agreement. RFQ #09-045 13 FINANCIAL ADVISOR SERVICES Packet Pg. 59 8.J.1.c EVALUATION OF QUALIFICATIONS PART III A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Qualifications and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. Firm Experience Firms past experience and performance on comparable government engagements and availability. 2. Firms Qualifications The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. Compliance with RFQ Requirements 3. Location of firm's office where work will be performed Method of determining points for location: (Maximum Points 0 — 55) (Maximum Points 0 — 25) (Maximum Points 0 — 20) LOCATION RATING Headquartered in St. Lucie County 15 Satellite Office in St. Lucie County 10 Office located in the tri-County Area (Martin, Okeechobee & Indian River County) 6 Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. RFQ #09-045 14 FINANCIAL ADVISOR SERVICES Packet Pg. 60 8.J.1.c B. Selection The Selection Committee will review all Qualifications received and establish a list in order of preference deemed to be the most qualified to provide the service requested based on the criteria set forth above. The Committee may request oral presentation from the Proposers when establishing the priority list. If the Committee is not satisfied with the proposals, they may ask the Board to reject all Qualifications and may re - advertise for new Qualifications. RFQ #09-045 15 FINANCIAL ADVISOR SERVICES Packet Pg. 61 8.J.1.c PROPOSER INFORMATION PART IV 4. PROPOSER INFORMATION FORM Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the County reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the County, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Printed Name) (Date) Proposer must sign below to acknowledge receipt of addendum (if necessary) Amendment No. 1: Amendment No. 2: Amendment No. 3: RFQ #09-045 16 FINANCIAL ADVISOR SERVICES Packet Pg. 62 8.J.1.c QUESTIONNAIRE PART V 5. PROPOSER'S QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation 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*: RFQ #09-045 FINANCIAL ADVISOR SERVICES 17 Packet Pg. 63 8.J.1.c Questionnaire (continued) Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) 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? If yes, please explain: 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) RFQ #09-045 18 FINANCIAL ADVISOR SERVICES Packet Pg. 64 8.J.1.c Questionnaire (continued) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name RFQ #09-045 19 FINANCIAL ADVISOR SERVICES Packet Pg. 65 Questionnaire (continued) 8.J.1.c WITNESSES: Signature Print Name Signature (Print Name) WITNESSES: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: (General Partner) (Print Name) IF CORPORATION: Print Name of Corporation Address By: President Attest: Secretary (CORPORATE SEAL) RFQ #09-045 FINANCIAL ADVISOR SERVICES 20 Packet Pg. 66