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Agenda Packet 02.03.2015
T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, February 3, 2015 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 3, Chair PAULA A. LEWIS District No. 5, Vice -Chair KIM JOHNSON District No. 1 CHRIS DZADOVSKY District No. 4 FRANNIE HUTCHINSON District No. 2 TOD MOWERY 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 21312015 8:50 AM Regular Meeting Tuesday, February 3, 2015 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, February 3, 2015 6:00 PM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES Board of County Commissioners minutes for the meeting of Tuesday, January 20, 2015 V. PUBLIC COMMENT (excluding Public Hearing items) VI. PROCLAMATIONS APPROVAL 1. Proclamation - Proclaiming Friday, February 13, 2015 as "NIGHT TO SHINE PROM NIGHT" in St. Lucie County, Florida 2. Proclamation - Proclaiming the month of February 2015 as "BLACK HISTORY MONTH - CELEBRATING A CENTURY OF BLACK LIFE, HISTORY AND CULTURE" in St. Lucie County, Florida. Add -On VII. PRESENTATIONS SLCTV Video Grant Program- Erick Gill, Public Information Manager Vill. CONSENT AGENDA A. WARRANTS Warrant List Number 16 B. ADMINISTRATION Re -appointments to the Treasure Coast Education & Research Development Authority Board Staff recommends that the Board re -appoint Jane Bachelor and Erik Melville to the Treasure Coast Education & Research Authority for additional four year terms. C. COUNTY ATTORNEY 3 1 P a g e Regular Meeting Tuesday, February 3, 2015 6:00 PM 1. First Amendment to the Amended and Restated Recreation Facilities Mutual Use Agreement C98-05-564 Staff recommends that the Board approve the First Amendment to the amended and restated Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board as proposed by the County Attorney's office and authorize the Chair to sign the documents as prepared by the County Attorney's office. 2. Donation of County Right -of -Way to Florida Department of Transportation - Indrio Road Staff recommends the Board approve the Resolution, authorize the Chair to execute the County Deed and Resolution and record the County Deed and Resolution in the Public Records of St. Lucie County. f•I►&111i,1kW&I4:Zv/LEI*1 There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. 211111111111111111111[4LIMI:To] ►I► 140 k1 1�:Z���1�1:Z�I�� There are no items scheduled. G. HUMAN RESOURCES Corizon Invoices for HIV Medications for Oct -Nov 2014 Staff recommends the Board of County Commissioners approve payment of Corizon Health Services Invoice Numbers CZN000016149 and CZN0000115283 for Inmate HIV medications for October and November 2014 in the total amount of $133,198.78 H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION & FACILITIES 1. Waiver of Fenn Center Facility Rental Fees for Ask -a -Lawyer Event Staff recommends Board approval to waive $337.50 In Fenn Center facility rental fees for the Ask -a -Lawyer event. 4 1 P a g e Regular Meeting Tuesday, February 3, 2015 6:00 PM 2. Bid Award for Upgrade of Electrical Panels at the St. Lucie County Fairgrounds Staff recommends Board approval to award Bid No. 15-009, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds, in the amount of $71,897 to Paragon Electric of Vero, Incorporated and authorization for the Chair to sign documents as approved by the County Attorney. 3. Energy Savings Performance Contracting - Feasibility Study Authorization Staff recommends Board approval to execute the Feasibility Study Authorization Form with Florida Power & Light Services, LLC for County -wide energy efficiency measures and authorize the Chair to sign documents as approved by the County Attorney. K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. New Port Entrance 2nd Street - Amendment No. 2 to Joint Participation Agreement with FDOT Staff recommends Board acceptance of additional funds from FDOT Supplemental No. 2 to JPA in the amount of $542,500 for Improvements to the Port Entrance 2nd Street project, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Budget Resolution for Supplemental No. 2 to Joint Participation Agreement with FDOT - New Port Entrance - 2nd Street Staff recommends Board approval of Budget Resolution establishing the additional funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500 for Improvements to the Port Entrance 2nd Street project, and authorization for the Chair to sign documents as approved by the County Attorney. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS 5 1 P a g e Regular Meeting Tuesday, February 3, 2015 6:00 PM There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION Federal Metropolitan Planning (PL) - Third Authorization of Funding Staff recommends Board approval of Federal Metropolitan Planning (PL) funds third authorization in the amount of $385,356 on behalf of the St. Lucie TPO. R. UTILITIES There are no items scheduled. IX. PUBLIC HEARINGS There are no items scheduled. X. REGULAR AGENDA A. COUNTY ATTORNEY McCarty Ranch Annexation - First Amendment to Settlement Agreement (Additional backup has been added to this item) Staff recommends that the Board approve the First Amendment to the Settlement Agreement and authorize the Chair to sign the First Amendment. 6 1 P a g e Regular Meeting Tuesday, February 3, 2015 6:00 PM XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Meeting on February 10, 2015 at 9 am in Conference Room #3. 2. County offices will be closed on Monday, February 16, 2015 to observe Presidents' Day. 3. The Board of County Commissioners will hold a Regular Board meeting on February 17, 2015 at 9:00 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 4. The 50th Annual St. Lucie County Fair will take place February 27-March 8, 2015 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.org. 5. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Monday, March 6, 2015 vs. Detroit Tigers at 1:10 p.m. Home games run through April 1, 2015 with games vs. the Florida Marlins, New York Yankees, Boston Red Sox, St. Louis Cardinals, Houston Astros, Detroit Tigers and others. Tickets are on sale now, call (772) 871-2115 or visit www.traditionfield.com. XII. MOTION TO ADJOURN 7 1 P a g e S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting January 20, 2015 Convened: 9:00 AM Adjourned: 9:43 AM I. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 3, Chair Paula A. Lewis Attendee Name I Title Status Arrived District No. 3, Chair Present 9:00 AM District No. 5, Vice -Chair Present 9:00 AM District No. 1 _ Present 9:00 AM District No. 4 Present 9:00 AM District No. 2 Present 9:00 AM Paula A. Lewis Kim Johnson Chris Dzadovsky Frannie Hutchinson Tod Mowery Howard Tipton Administrator Present 9:00 AM Heather Young Asst. County Attorney Present 9:00 AM Edward Matthews Parks, Recreation & Facilities Director Present 9:00 AM Don West Public Works Director Present 9:00 AM Laurie Waldie Utility Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 9:00 AM Mark Satterlee Planning & Dev Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Kelly Phelan Executive Assistant to the County Administrator Present 9:00 AM Sue Korunow Clerk to the Board Present 9:00 AM W Z W U- O J Q i O W a a. Q Generated 112112015 4:10 PM Packet Pg. 8 Regular Meeting Tuesday, January 20, 2015 9:00 AM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES 1. Board of County Commissioners minutes for the meeting of Tuesday, January 06, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Board of County Commissioners amended minutes for the meeting of Tuesday, October 7, 2015 RESULT: ACCEPTED AS AMENDED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery V. PUBLIC COMMENT (excluding Public Hearing items) Karen Lux, Incoming President, Treasure Coast Progressive Alliance - would like to submit to the Board for consideration the fifth anniversary of Citizens United Ruling of the Supreme Court is becoming increasingly evident that money is corrupting the very foundation of our democracy. She stated our public servants like yourselves who decide to dedicate their time and energy to public service, are being reduced to dialing for dollars, fearful of losing their positions to the wealthy, powerful money interests. When 86% of Democrats and Republicans alike, agree there is too much money in politics, we must take notice and realize that this is a runaway train we can stop. Move to amend national campaign is organizing to add a 28th Amendment to the Constitution. We the people of the United States reject the US Supreme Court's United Citizens Rulings and other related cases. A move to amend our U.S. Constitution is established money is not free speech and human beings are not corporations and corporations are not entitled to constitutional rights. We would like to submit to municipal government a resolution for this consideration. Rick Hatcher, Executive Director, Treasure Coast Sports Commission - Mr. Hatcher Introduced Mr. Vinny Carlesi, better known as "Mr. Vinny Ball" who staff provided a presentation introduction on the two fields at the Lawnwood complex at the last formal commission meeting. He stated they saw the need to bring in Mr. Carlesi because he is one of the most important customers who bring in teams and tourists to the area. He noted they are projecting record numbers again this year and it's exciting to know when you start talking to someone it's in the neighborhood of between 5500-6500 room nights. He stated these people don't just play baseball, they are tourists in our community. They spend dollars in restaurants, they shop in the malls, they buy gas for their vehicles and they go back and they shop in the malls again, so you can see there's a tremendous economic impact with that. He wanted to take this opportunity to let Vinny say a few words to 2 1 P a g e Packet Pg. 9 Regular Meeting Tuesday, January 20, 2015 9:00 AM the Board. Mr. Carlesi thanked the Board and stated happy to say they're starting their 35th year running the program in St. Lucie County, it's home for us and we enjoy it very much. He also wanted to take the opportunity to thank the Board for the influence they had in helping them to get the two additional fields built, it will be a tremendous help for them and servicing our customers in helping us bring more people down into the area. It's their objective to try and build a program as large as they can to help St. Lucie County and the community in general. So he wanted to give his sincere gratitude and thanks for all the Board has done to help them in that area. Commissioner Dzadovsky noted as the current Chair of the Tourism Development Council (TDC), he'd like to recognize the TDC for their work within the community in bringing this idea forward and certainly for their W $4.2 million revenue stream that was realized from the teams. Also and for the expected 1.4 million of Z additional economic gain with the additional teams because of the two fields. He stated he would like to recognize the Board for thinking ahead and trying to understand what assets the County has and how we = could better utilize them to increase economic development. The Board deserves a round of applause for LL having looked outside the box and having seen what assets they have and how to better utilize them. He O thanked the Board for the work that they've done and told Vinny and Rick he looks forward to seeing the future and seeing the additional $1.4 or $1.5 million coming through St. Lucie County's borders. He relayed the 0 Board's appreciation for what they are doing and thanked him for 35 years of loyalty to St. Lucie County. a a Richard Silvestri, 5708 Buchanan Drive, Fort Pierce, Vice President, Treasure Coast Progressive Alliance - is here with the full support of the President of the Treasure Coast Alliance, Sharon who just spoke and the rest of the members of the organization. He came to call to mind the Fifth Article of the Constitution of the United States written in 1787, at the constitutional convention, adopted by nine of the 13 states, at that time it was a law and it's been a law ever since. It states to amend the Constitution, we need two thirds of the State Legislators or two thirds of the Congress at either a convention or some sort of a legal meeting and three quarters of the states - which would be 38 states - to amend the Constitution. Now, if they had never amended the Constitution, only white male, real property owners would be able to vote today. Madam Chair, he stated, I thought this had specific implications to her as a female, she would be exempt from voting, Commissioner Hutchinson, likewise. Commissioner Johnson, would not be eligible to vote either, if they did not change the Constitution as it was written in 1787. Five years ago, on January 21, 2010 there was a court ruling which in common terms has been known as "Citizens United vs. The Federal Elections Commission" that states, when you boil it all down, that corporations are people and that money is free speech. So why is he coming here in front of the Board of County Commissioners? Because a resolution from the Board would carry more weight than if it came from, Richard Silvestri. A resolution from the Board would call attention to this issue more so than if he were to go to the newspaper and discuss it, they probably wouldn't even put him in the paper. 278 communities in the United States have moved for such a resolution and nine state legislators have done the same thing. So to repeat, we here at the Treasure Coast Progressive Alliance, and perhaps others who will join them will be pursuing this with the Board in the future, and we thank you very much for your time. 3 1 P a g E Packet Pg. 10 Regular Meeting Tuesday, January 20, 2015 9:00 AM VI. PROCLAMATIONS APPROVAL Proclamation - Recognizing the dedication of the first Liberty Tree in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to members of The Florida Sons of the American Revolution who were present. Mr. Charles McKinley spoke about the effort noting they have had to delay the ceremony, scheduled to take place on Saturday due to the marker not arriving, they will reschedule as soon as it arrives. He asked if one of the Commissioners would participate in the ceremony when it is rescheduled and Commissioner Lewis stated she planned to attend. State Secretary/President of the St. Lucie River Chapter, John Auld spoke on the reasons why they participate in the activities organized and how they remind the people of their past and their history and why they are a free country then thanked the Board for the proclamation. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery VII. PRESENTATIONS 1 2. Presentation of Appreciation Plaque to Heather Young for her dedication by serving as the Interim HR Director Commissioner Lewis presented Assistant County Attorney with a plaque of appreciation for serving as Interim HR Director. Assistant County Attorney thanked the Board and County Administrator for the plaque as well as the County Attorney and staff members for covering her duties during the times she needed to be working in the HR Department. She also thanked the HR staff, stating they were great to work with. Presentation by the OF/IFAS St. Lucie County Master Gardeners and Master Naturalists A presentation was provided by OF/IFAS St. Lucie County Master Gardeners and Master Naturalists. Anita Neal introduced OF/IFAS Master Gardeners Rita Finn and Mary Moore who then provided background information on the Master Gardeners program, their outreach activities and achievements. Ms. Finn provided a summary which included the following: -Donated over 17,700 volunteer hours -Educated over 43,300 community members -Total value of donated volunteer hours = $376,096 -This value equals more than 8 full time employees Florida's Natural Resources Extension Agent for St Lucie County, Ken Gioeli of the Master Naturalists introduced President of the St. Lucie Chapter of Master Naturalists, Mary White, Eva Ries and Marcia Kopp who provided history and background information on the Master 4 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, January 20, 2015 9:00 AM Naturalist's program, their outreach activities and achievements. She provided a summary which included the following: -Donated over 1,920 volunteer hours -Educated over 11,200 community members -Total value of donated volunteer hours = $40,786 -This value equals more than 1 full time employee Commissioner Lewis noted the Master Gardeners and Master Naturalists hard work and thanked them for their efforts. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrant List Numbers 14 & 15 B. ADMINISTRATION Update to Office of Media Relations Policy to Include Social Media C. COUNTY ATTORNEY 1. Request from Finance Director for BOCC Record Destruction - Pursuant to State of Florida Record Retention Guidelines 2. Project Response - Termination of Facilities Use Agreement D. COMMUNITY SERVICES There are no items scheduled. call f;W,i bl _& IIi<IRTff.. IGPL There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. MLA !TOW.1*19111111"i 5 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, January 20, 2015 9:00 AM There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 14-027, Professional Engineering Services for Solid Waste - Approval of Short -Listed Firm for Continuing Contract N w 2. Request for Qualifications (RFQ) No. 14-036 - Addition of Pre -Qualified Contractor for Z Rehabilitation and Rebuilding of Homes Funded through the CDBG Small Cities Program w 3. Award of Bid No. 15-008 - Welding and Fabrication Services w O 4. Amendment to the St. Lucie County Purchasing Manual — Procurement Policies and Q Procedures for Community Development Block Grant Programs and Projects > O o: a J. PARKS, RECREATION & FACILITIES a- 2015 Multi -Year Inmate Labor Contract � K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Fee -in -Lieu of Sidewalk Construction - City of Port St. Lucie Mitigation Requirement 2. Final Acceptance of Jenkins Road Restoration and Release of Surety - KB Home Treasure Coast LLC 3. Acceptance of Maintenance Agreement and Release of Surety - Cumberland Farms, Inc. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS 6 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, January 20, 2015 9:00 AM There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. IX. PUBLIC HEARINGS Z 2 There are no items scheduled. w x U_ X. REGULAR AGENDA 0 J Q A. COUNTY ATTORNEY a a 1. Amended Easement / Carroll Collins / Edwards Road and South 25th Street Q 2 Assistant County Attorney provided background information on the item. a There were no questions or comments from the Board. Staff recommended the Board approve the proposed Amended Permanent Drainage Easement and authorize the Chair to sign the Amended Easement. RESULT: APPROVE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Revocable License Agreement - Atlantic Truss Group, L.L.C. 2590 N. Kings Highway This item was pulled from the agenda prior to the meeting. RESULT: WITHDRAWN 3. St. Lucie County vs. Department of Juvenile Justice Request for Authorization to File Appeals Assistant County Attorney provided background information on the item. Commissioner Mowery asked staff if they knew what the cost would be for the legal fees and staff replied they did not know at this time but anticipated it would be less than the amount owed to the County, $700,000. 7 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, January 20, 2015 9:00 AM Commissioner Lewis asked for clarification stating she believed the over -payments were made as a result of paying bills sent by the Department of Juvenile Justice (DJJ) to the County. "So the amount was stated incorrectly, there was stipulation agreed to that was stated incorrectly, and despite the fact it was a joint stipulation, the DJJ has abandoned that and proceeded to give the County a lesser amount as Commission Mowery stated which is approximately $700,000 less." Staff confirmed that information to be correct. Staff recommended the Board authorize the County Attorney to file an appeal on each of the cases listed above. RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery XI. ANNOUNCEMENTS Commissioner Dzadovsky took a moment to recognize the incredibly well done parade in celebrating Martin Luther King Day festivities. He remarked on how all the participants did a fabulous job including the organizers. Commissioner Lewis stated it was amazing. Commissioner Johnson thanked all the judges for their assistance in making it a successful event. He thanked God for the dream He gave Dr. Martin Luther King and most of all for the citizens making an effort back then so we can enjoy what we have together now. As we do our job the dream lives on. 1. The Board of County Commissioners will hold a Regular Board meeting on February 3, 2015 at 6:00 p.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold an Informal Meeting on February 10, 2015 at 9 am in Conference Room #3. 3. County offices will be closed on Monday, February 16, 2015 to observe Presidents' Day. 4. The Board of County Commissioners will hold a Regular Board meeting on February 17, 2015 at 9:00 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. XII. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. 8 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, January 20, 2015 9:00 AM Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 9 1 P a g e Packet Pg. 16 6.1 ITEM NO. RES-2015-9 LIr OUNT �. F L Q R[ D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: DATE: 02/03/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Proclamation - Proclaiming Friday, February 13, 2015 as "NIGHT TO SHINE PROM NIGHT" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim February 13, 2015 as "NIGHT TO SHINE PROM NIGHT" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, Cy insato i1/28/2015 Packet Pg. 17 RESOLUTION A RESOLUTION PROCLAIMING FRIDAY, FEBRUARY 13, 2015 AS "NIGHT TO SHINE PROM NIGHT" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Tim Tebow Foundation exists to bring faith, hope and love to those needing a brighter day in their darkest hour of need. That mission is being fulfilled everyday through the foundation's five areas of outreach including Team Tebow, Timmy's Playrooms, Orphan Care, W15H and the Tebow CURE Hospital. 2. For their five year anniversary, the Tim Tebow Foundation wants to create a brighter day for people with special needs. The Foundation feels everyone should have the opportunity to experience a prom where they feel loved and welcomed. 3. Genesis Community Church was selected as one of the 46 host sites for the upcoming worldwide "Night to Shine" prom for people with special needs. The event will happen in 46 different cities around the world simultaneously on Friday, February 13, 2015 from 6-9 pm, 4. With a red carpet entrance and friendly paparazzi welcome, guests will be greeted by their very own buddy who will serve as their host for the evening. Guests will receive VIP treatment including flowers, hair and makeup, crown or tiara, professional photography, food, dancing, games and more. The guests will also be given a horse and carriage ride or a limo ride before being let out on the red carpet. 5. Genesis Community Church will be coordinating the entire event, working with numerous volunteers, and partnering with several businesses in St. Lucie County. In addition, by partnering with the Tim Tebow Foundation, Genesis is providing an opportunity for people with special needs in St. Lucie County to experience a prom where they will feel loved, welcomed and accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Friday, February 13, 2015, as "NIGHT TO SHINE PROM NIGHT" in St. Lucie County, Florida. 2. This Board urges the people of the St Lucie County to contact Genesis Community Church for information on how to become involved by volunteering or referring an individual with special needs 16 years of age and older. PASSED AND DULY ADOPTED this 3 r'j day of February 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY I Packet Pg. 178] s.2 ITEM NO. RES-2015-10 Mr DATE: 02/03/2015 COUNTY ' R I D AGENDA REQUEST *PROCLAMATIONS APPROVAL TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Proclamation - Proclaiming the month of February 2015 as "BLACK HISTORY MONTH - CELEBRATING A CENTURY OF BLACK LIFE, HISTORY AND CULTURE" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the month of February 2015 as "BLACK HISTORY MONTH - CELEBRATING A CENTURY OF BLACK LIFE, HISTORY AND CULTURE" 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 "Mcintyre, aniorney 1/30/2015 ob bentkofsky, Depu6Cnt�dminstqo,irat/2015 AZ �D � , /-!: - Ho and Tipton, Count Administrate 2/2/2015 Packet Pg. 19 RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF FEBRUARY 2015 AS "BLACK HISTORY MONTH - CELEBRATING A CENTURY OF BLACK LIFE, HISTORY AND CULTURE" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Black History Month, or National African American History Month is an annual celebration of achievements by black Americans and a time for recognizing the central role of African Americans in U.S. history. The eventgrew out of "Negro History Week", the brainchild of noted historian Carter G. Woodson and other prominent African Americans. 2. Each year, beginning on February 1, an entire month of events are planned nationwide honoring the history and contributions of African Americans. 4. The theme for Black History Month in 2015 is "A Century of Black Life, History and Culture", chronicling the important contributions by African Americans to art, literature, sports and pop culture. In the early 20th century, the rise of a totally new form of music - jazz - can be traced back to African Americans of the post -World War 1 generation. This was closely followed by the Harlem Renaissance that introduced the voices of African American writers and artists to the national conversation. 5. By the 1960's, the African American museum movement saw the opening of nationwide centers exhibiting the advances made by African Americans in art, history, and science - culminating in the Smithsonian's National Museum of African American History and Culture. 6. Since 1976, every U.S. president has officially designated the month of February as Black History Month. Other countries around the world, including Canada and the United Kingdom, also devote a month to celebrating black history. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, • M. 1. This Board does hereby proclaim the month of February 2015 as "BLACK HISTORY MONTH - CELEBRATING A CENTURY OF BLACK LIFE, HISTORY AND CULTURE- in St. Lucie County, Florida. 2. This Board further encourages all citizens of St. Lucie County to participate in the programs, ceremonies and activities scheduled for Black History Month. PASSED AND DULY ADOPTED this 3 Id day of February, 2015. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 20 01/16/15 FZABWARR FUND TITLE 001 001457 001458 001512 001534 001538 001544 001550 001560 001561 001563 001565 001566 001567 001568 101 101001 101002 101003 101004 102 102001 102114 102813 104001 105 107 107001 107002 107003 107006 129 130 130114 130118 140 140001 140370 160 181 183 183004 183006 185014 189109 190 310001 316001 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2015 TO 16-JAN-2015 FUND SUMMARY General Fund FCTD Planning Grant EMPA 2015 Neighborhood Stabilization Program Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Section 112/MPO/FHWA/Planning Dept of Trans Safe Routes to School HUD CDBG FY 2013 HUD Shelter Plus Chronic HUD Shelter Plus Care Grant DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment White City Drainage Citrus & Saeger Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 FTA 5317 FY13/14 New Freedom Airport Fund Port Fund Taylor Creek Dredging -Phase 2 Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2013-2014 Home Consortium 2013 Sports Complex Fund Impact Fees -Library 5th Cent Fuel -Capital EXPENSES 454,817.60 306.00 669.24 6.34 486.06 7,162.45 0.00 0.00 3,759.93 202.50 16.11 0.00 0.00 3,442.99 2,760.46 29,589.39 0.00 45,175.74 36,370.14 994.86 5,102.53 27,942.41 0.00 65.70 199.88 4,295.40 227,813.58 3,145.91 0.00 106.70 105,020.38 36,638.58 3,109.42 0.00 998.82 3,703.85 1, 099.57 19,075.00 232.43 6.34 24,996.90 1,995.86 20,242.15 0.00 724.72 25,718.37 2,812.75 6, 680.00 PAGE PAYROLL 550,441.24 395.65 0.00 0.00 1,448.12 3, 023. 62 21.67 129.44 8,507.30 3,725.55 75.56 291.24 291.24 1, 106.40 355.96 38,827.45 1,341.60 44,568.31 14,867.81 16,678.34 60,475.51 14,973.24 5,470.53 541.60 0.00 0.00 163,536.37 1,029.23 1,029.23 0.00 6,719.63 0.00 2,212.06 1,151.20 0.00 11,102.13 0.00 0.00 1, 652.06 0.00 3,557.35 3,275.73 0.00 65.02 1,404.85 19, 933.22 0.00 0.00 130 Packet Pg. 21 01/16/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 10-JAN-2015 TO 16-JAN-2015 FUND SUMMARY FUND TITLE 37007 NOA MSBU 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 650 Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 207.00 450,629.57 14,062.36 7, 633.23 0.00 7,403.96 0.00 10,520.00 160.50 143,399.85 2,339.99 967.81 50,968.41 1,917.03 2,087.89 31,173.19 1,830,957.85 PAGE 2 PAYROLL 0.00 80,877.57 18,471.72 6,366.49 678.87 9,088.19 1,290.77 1,277.65 29,333.95 0.00 2, 633.73 3,402. 67 2,489.33 0.00 0.00 0.00 1, 140, 136. 40 N H z Q Q 131 Packet Pg. 22 TO: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Bob Bentkofsky, Deputy County Administrator Administration ITEM NO. (ID # 2656) DATE: 02/03/2015 *CONSENT AGENDA\ADMINISTRATION Re -appointments to the Treasure Coast Education & Research Development Authority Board Both Jane Bachelor and Erik Melville's terms on the TCERDA Board expired at the end of January 2015. Ms. Bachelor and Mr. Melville are both eligible to be re -appointed to the TCERDA Board for additional four year terms. The TCERDA Board met on January 8, 2015 and voted to re -appoint both Ms. Bachelor and Mr. Melville to the Board. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board re -appoint Jane Bachelor and Erik Melville to the Treasure Coast Education & Research Authority for additional four year terms. COMMISSION ACTION: Packet Pg. 23 Coordination/Signatures Ho and Tipton, Countf Administrate 2/2/2015 Updated: 1/23/2015 3:53 PM by Bob Bentkofsky Page 2 Packet Pg. 24 8.C.1 ITEM NO. (ID # 2603) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 02/03/2015 *CONSENT AGENDA\COUNTY ATTORNEY First Amendment to the Amended and Restated Recreation Facilities Mutual Use Agreement C98-05-564 The St Lucie County School Board owns and operates facilities on various school properties. St. Lucie County owns and operates recreation facilities on various County properties. Both the St. Lucie County School Board and St. Lucie County recognize the need, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of certain types of facilities. On January 19, 2010 the parties entered into a five (5) year Facilities Mutual Use Agreement. The agreement would expire on January 19, 2015 unless extended by the parties. The parties desire to extend the agreement for an additional five (5) year period. PREVIOUS ACTION: The parties previously entered into a Recreation Facilities Mutual Use Agreement on May 26, 1998. On January 19, 2010, the Recreation Facilities Mutual Use Agreement was amended and restated. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the First Amendment to the amended and restated Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board as proposed by the County Attorney's office and authorize the Chair to sign the documents as prepared by the County Attorney's office. COMMISSION ACTION: Packet Pg. 25 8.C.1 Coordination/Signatures anie 5WMcIntyre,Cc)dtyyjtIorneY 1/16/2015 ob entkofsky, Deputy Cq�?noyAdministrate 1/ 3/2015 Ho and Tipton, Count Administrate 1/26/2015 Updated: 1/15/2015 9:59 AM by Susan Bellamy Page 2 Packet Pg. 26 8.C.1.a FIRST AMENDED AND RESTATED RECREATION FACILITIES MUTUAL USE AGREEMENT THIS AGREEMENT made and entered into this _ day of , 2015, between THE ST. LUCIE COUNTY SCHOOL BOARD, hereinafter referred to as the "School" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County'. WHEREAS, the School owns and operates facilities on various school properties. The County owns and operates recreation facilities on various County properties. WHEREAS, both the School and the County recognize the need, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of certain types of facilities to reduce expenses to taxpayers. WHEREAS, the parties previously entered into a Recreation Facilities Mutual Use Agreement on May 26, 1998, and WHEREAS, the parties entered into an Amended and Restated Recreation Facilities Mutual Use Agreement on January 19, 2010, and WHEREAS, the parties desire to enter into a First Amended and Restated Agreement, and WHEREAS, the parties desire the agreements to run consecutively. IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. MUTUAL USE OF FACILITIES: Each party agrees to permit the other according to the procedures and conditions set forth in this Agreement, to use all the facilities covered by this Agreement, without charge, or at the option of the facility owner, payment of direct operating costs (not limited to personnel, supplies, cleaning and utilities). Notice of the requirement for payment of direct operating costs and the amount of such cost shall be provided to the party requesting use of a facility, within ten (10) days of receipt of the request to the facility owner. The following recreation facilities are excluded from this agreement with exceptions as noted: Tradition Sports Complex: SLC Fairgrounds, except that the School Board may conduct annual graduation ceremonies for a charge equal to the County's actual costs, including but not limited to, staffing, utilities supplies and equipment rental; and the Havert L. Fenn Center, except that the School Board may utilize only two of the center's meeting rooms at a time, if available, from 8 a.m. to 4 p.m. Monday - Friday, excluding County holidays, for meetings for fifty persons or less, for a charge equal to the County's actual costs, including but not limited to staffing, utilities, supplies, and equipment rental. Events or meetings for groups larger than fifty persons shall be charged facility and other rates and fees as established by the Board of County Commissioners. Lawnwood and the South County stadiums are also excluded from this Agreement as the parties have entered into separate agreements for their operation and use. 2. PROCEDURE FOR REQUESTING USE OF FACILITY: All facility use requests shall be evaluated according to the standards set forth in this Agreement. All school district requests for use of County facilities at no charge must first be approved by the St Lucie County School Board County Athletic S:\ATTY\AGREEMNT\MUTUAL.USE\School Board - Recreational Facilities 2015 Packet Pg. 27 8.C.1.a Director and then submitted to the Parks, Recreation and Facilities Director for consideration. All County requests for use of School Board facilities at no charge must first be approved by the Parks, Recreation and Facilities Director and then submitted to the School Board County Athletic Director for consideration. All requests for usage of a facility shall be submitted in writing no later than the first day of the month for which the facility will be used. If the request for usage needs to be modified, notice shall be provided to the other party as soon as possible. 3. TICKETS. Upon approval of the Facility Owner's representative, tickets or other items may be sold by the facility user. The School Board's Facility Owner representative is the County School Board Athletic Director and the County's Facility Owner representative is the Parks, Recreation and Facilities Director. Staffing for ticket sales and sale of other approved items is the responsibility of the facility user. 4. ADEQUATE SUPERVISION: The party using the facility agrees to provide adequate supervision during the time of use. 5. MANNER OF USE AND CLEANUP: The party using the facility agrees to use the facilities and equipment to the extent and degree, and in the manner intended for the particular facility or equipment and further agree to leave such facilities or equipment in a clean and orderly condition upon leaving the facility. 6. RECONCILIATION: By January 30 of each year, the parties will prepare a cost analysis of the use by the other party based on the previous calendar year so as to prevent either party's use being unduly burdensome. The County Administrator or designee and the Superintendent or designee will work in good faith to balance any substantial inequities in either money or in kind services as agreed upon by the parties. 7. DAMAGE TO FACILITIES: The requesting party agrees to be responsible for damages to the other party's facilities occurring during the periods the facilities are used by the requesting party. The party owning the facility shall cause such repairs to be made as necessary to correct the damage and shall submit an itemized invoice to the requesting party for damage incurred during that agency's use of the facility. Except for emergencies, the party owning the facility shall consult the requesting party prior to doing the work and the requesting party shall be given a reasonable opportunity to do or have any necessary work done. 8. INDEMNIFICATION: The requesting party shall and will indemnify and hold the other party harmless from and against all losses, damages or destruction of any kind and nature arising or growing out of or in any way connected with the requesting party's occupation management, or control of the other party's facilities by the requesting party. The indemnification is subject to the limitations set out in Section 768.28, Florida Statutes (2009). 9. TERM: The Agreement shall be effective from January 20, 2015 and shall continue for a period of five (5) years and may thereafter be extended upon written agreement. 10. TERMINATION: Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. 2 S:\ATTY\AGREEMNT\MUTUAL.USE\School Board - Recreational Facilities 2015 Packet Pg. 28 8.C.1.a 11. NO DISCRIMINATION: Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or marital status, in the use of facilities pursuant to this Agreement. 12. COMPLETE UNDERSTANDING: The Agreement contains a complete understanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same subject. 13. NOTICES: Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to School: St. Lucie County School Superintendent St. Lucie County School Board 4204 Okeechobee Road Fort Pierce, Florida 34947 As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Daniel B. Harrell, Esquire Riverside National Bank, Suite 200 1600 South Federal Highway Fort Pierce, Florida 34950 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as the parties may from time to time specify in writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 14. BINDING EFFECT: Except as otherwise provided herein, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their personal representatives, successors and assigns. 16. AMENDMENTS: No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. 17. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. 18. SECTIONS -CAPTIONS: Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent of intent of this Amended and Restated Agreement or any provision hereof. 19. SEVERABILITY: Each provision of this Amended and Restated Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity shall not effect the validity of the remainder of this Amended and Restated Agreement. 3 S:\ATTY\AGREEMNT\MUTUAL.USE\School Board - Recreational Facilities 2015 Packet Pg. 29 8.C.1.a 20. GOVERNING LAW: This Amended and Restated Agreement and the rights of the parties shall be governed by and construed or enforced in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of 2015. ATTEST: ATTEST: Deputy Clerk Superintendent BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY SCHOOL BOARD BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: School Board Attorney 4 S:\ATTY\AGREEMNT\MUTUAL.USE\School Board - Recreational Facilities 2015 Packet Pg. 30 8.C.2 ITEM NO. RES-2015-5 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 02/03/2015 *CONSENT AGENDA\COUNTY ATTORNEY Donation of County Right -of -Way to Florida Department of Transportation - Indrio Road Florida Department of Transportation (FDOT) is acquiring right-of-way for the expansion of SR-713 Kings Highway at Indrio Road. FDOT has requested the County donate Parcel 105 that is 25 ft. x 488.76 ft. on Indrio Road for the project. Staff has no objection to the donation. PREVIOUS ACTION: November 6, 1990 - Resolution No. 90-314 - Board of County Commissioners accepted right-of-way from Florida Power & Light Company. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Resolution, authorize the Chair to execute the County Deed and Resolution and record the County Deed and Resolution in the Public Records of St. Lucie County. COMMISSION ACTION: Coordination Signatures Heather Young, Asst. County Attorney 1/21/2015 Ho and Tipton, Count Administrate 1/26/2015 Packet Pg. 31 LOCATION MAP �r►m�7UiL L44 MIRAMAR AVE 7-1�ttT-�- -�dl'l-�d SANTA BARBARA DR m V a , LAGUNA RD Q DISCLAIMER St Lucie County makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness, or completeness of any of the geodata information provided herein. 0 0.02 0.04 0.08 0.12 0.16 The read,, should not rely on the data provided herein for any reason. St. Lucie County explicitly disclaims any representations and wamanties, including, without limitation, the implied rtanties of merchantability antl fitness for a particular puryose. St. Lucie County shall assume no liability far: 1. Any errors, omissions, or inaccuracies in the reformation provided regardless of how caused;or2. Any decision mad. or action taken or not taken by any person in reliance upon any information or data furnished hereunder. Packet Pry 32 8.C.2.b RICK SCOTT GOVERNOR 3400 W. Commercial Blvd. Fort Lauderdale, FI 33309 NOTICE TO OWNER December 16, 2014 ITEM/SEGMENT #: MANAGING ❑ISTRICT St. Lucie County, a political subdivision of the State of Florida F.A.P. #: 2300 Virginia Avenue STATE ROAD #: Fort Pierce, FL 34982 COUNTY: PARCEL #: Dear Property Owner, ANANTH PRASAD, P.E SECRETARY FORM 575-030-31 RIGHT OF WAY - 10100 Page 1 of 2 4241431 04 7079 009 U 713 & 614 St. Lucie 105 The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility: SR 713 (Kings Highway) @ CR & SR 614 (Indrio Road) Our research shows you own property needed for this project. This letter, along with the enclosed brochure entitled The Real Estate Acquisition Process, explains your rights and options and the process we must follow by law in acquiring your property. The following enclosed documents identify the property that is needed: FDOT Right of Way Map with Parcel Acquisition Shaded County Deed with Legal Description If you no longer own this property, please refer to the enclosed questionnaire. We recognize that a proposed transportation project, particularly one which requires the acquisition of private property, will usually result in many questions and concerns. Please be assured you will have sufficient time to have your questions answered, to consider and understand your rights, options and responsibilities, and make all necessary arrangements. Throughout this process we will do our best to ensure your questions are answered, that you are treated fairly and receive all of the rights you are guaranteed by law, and that you receive a fair price for your property. Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from you. The following is a summary of your rights: • You may accompany the Department's appraiser when your property is inspected as part of the process for valuing your property. • You may obtain copies of the Department's appraisal, right of way maps and construction plans. • We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a mutually acceptable purchase price. Packet Pg. 33 8.C.2.b • If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at least 30 days after you receive our initial written offer. • You will receive no less than full compensation for the property acquired. Full compensation includes, the value of the real estate acquired together with damages, if any, to your remaining property. • You may be eligible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire. • You may receive reimbursement for reasonable attorney fees and other reasonable costs you incur for appraisal and other services associated with the Department's acquisition. Your rights and options are more fully explained in the enclosed brochure entitled The Real Estate Acquisition Process. We encourage you to read this brochure carefully and contact us if you have any questions. You may be contacted by attorneys, appraisers or others requesting a commitment from you to use their services.in dealing with the Department. As previously mentioned, the Department will pay for certain types of services. However, by law, there are limitations placed on what the Department can pay. We encourage you to contact us and allow us to fully explain our reimbursement process. You will find a more thorough discussion of the reimbursement of fees and costs in the enclosed brochure. .Over the coming months, you will be contacted by various Department representatives who will schedule property inspections, assess your relocation needs, and negotiate with you for the purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a fair value for your property or help us provide service to you, please let them know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs. I encourage you to fill out and return the enclosed questionnaire in the postage -paid envelope provided. This information will help us begin working with you to reach a mutually acceptable settlement for your property. If you experience any problems, please do not hesitate to contact: William K. "Benj" Hurt, Jr., Land Specialist Manager GAI Consultants, Inc. 618 East South Street, Suite 700 Orlando, Florida 32801 (407) 232-5817 Enclosures: Questionnaire Return Envelope Legal Description (and/or right of way map) The Real Estate Acquisition Process Brochure CC: Records Management Sincerely, V�JD -�, PXCAr-��,_ Cheryl A. Balogh District Right of Way Manager By: Shirley Martin Consultant Project Manager Received by: Certified Mail Number: Date: Packet Pg. 34 1 $ / 8.C.2.c .?397s$ THIS WARRANTY DEED Made the 4e day of August, A. D., 1972, by CHARLES B. GATES, JR. and PHILIP C. GATES, as Trustees under the Will of C. BERNARD GATES, Deceased, and CHARLES B. GATES, JR. and KATHERINE H. GATES, his wife, and PHILIP C. GATES and BARBARA G. GATES, his wife, hereinafter called the Grantor, to FLORIDA POWER & LIGHT COMPANY, a corporation existing under the laws of the State of Florida, with its permanent postoffice address at 106 Angle Road, Fort Pierce, Florida, 33450, hereinafter called the Grantee: W I T N E S S E T H: That the Grantor, for and in consideration of the sum of $10.00 (TEN) and other valuable considerations, receipt whereof is hereby acknow- ledged, hereby grants, bargains, sells aliens, remises, releases, Con-' veys and confirms unto the Grantee, all that certain land situate in St. Lucie County, Florida, viz: The North 500 feet of the East 490 feet of the NW 1/4 of the SE 1/4 of Section 14, Township 34 South, Range 39 East. SUBJECT To an easement or dedication over the North 20 feet thereof for road right of way. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1971. IN WITNESS WHEREOF, the said Grantor have hereunto set their hands and seals the day and year first above written. SURTAY rLCR ca PAL\� CHARLES R, p. AROWN SOUK2V P.O. SOX 1410 101 6- 4TH 6T, FORT P[aRCt. FLOPI13A 49440 1V Packet Pg. 35 8.C.2.c SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: ,,� C ar es B. Gates, Sr. Individually and as Trust.6 aforesaid G4/`r a ip C, Gates Individually and as Trustee aforesaid AV to Kathe ine H. Gates r B ara G. Gates STATE OF FLORIDA } } COUNTY OF ST. LUCIE } I HEREBY CERTIFY that on this day, before me, an officer fuly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared PHILIP C. GATES, individually and as Trustee under the Will of C. BERNARD GATES, Deceased, and BARBARA G. GATES, his wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this gyp` day of Amwjwot, A. D., 1972. Not y Public state of Florida at Large My Commission Expires:.911411-74 . 11o1av gam. Slole "1 1111144 " l„9e My Commsion &puss "14. 1976 2 OR W%207 im SM Q Packet Pg. 36 8.C.2.c STATE OF WEST VIRGINIA COUNTY OF KANiAWHA I HEREBY CERTIFY that)on this day, before me, an -officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared CHARLES B. GATES, individually and as Trustee under the Will of C. BERNARA GATES, Deceased, and KATHERINE H. GATES, his wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same: WITNESS my hand and official seal in the County and State last . aforesaid this �� day of August, A. D., 1972. Lei, •' �:r otary ub is �J r.. My Commission Expires 8-2�•►,•,/�t`•a ��. LID R > YERtFIEO,.....+�•+ it a si Poi 'Tt �39765 - 3 - A It 207 wa Eft Packet Pg. 37 .r Q 8.C.2.d 1€ 9 - x RESOLUTION NO. 90-31.4 � _+� A RESOLUTION ACCEPTING A;WIT WARRANTY DEED _ ON BEHALF OF ST. LUCRE COUNTY, FLORIDA C 0 L -- BE I' RESOLVED by the Board of County coaun ssiflners of St:. t Lucae County, F3o�da,-tha cn } O T F:'.ftrre o n W-& rar ty. '-Daad ��. �r�Zu, acc�pt� =�_ bje ni in St' 'Luci-eCounty .an. this 6th day of- No�rember, 1.9'90. BOARD OF COUNTY COMMIZSION S c -FL-OlUIIAAZ. CHAIRMANo ATTEST..,.. �..�� o 4J_•`, per" -� - / ., -- Q CLERK APPROUEO AS- TO FORME AND � Ln Lh ]U) COUNTY ATT RN W M 0 CD Rec Per, w-----_ .._ DOUGLAS DIAOi�r' ' .. --Add Fes 5 z -------_ _ _ _ St. Ln0e County. _ Doe Tar s� T . o CPerlti ai reu:t c6u Total s- De47 pt:t3 Clerk cSIP Packet Pg. 38 1 8.C.2.d SPECIAL WARRANTY DEED STATE OF FLORIDA ) COUNTY OF St. Lucie ) THIS SPECIAL WARRANTY DEED made on�-� ` 4 1990, by FLORIDA POWER & LIGHT COMPANY, a corporation organiz ex sting under .the laws of the State of Florida.,'- having its a, - address at P.0 Box D2-910D,- Miami, For-ida 33102-9100, pa=tY first part, to . ST. IUCIE COUNTY BOARD- -OF COUNTY COEMISSZi braving- ....itS. m i l inrr ad r s—s- .at .230-0 Virginia Aven ue, Fom-t- P: Florida 34982, party of the second part.- - WITNESSETH: That Part-Y Of the first .part, in =TTsideration of Ter. D4 -and .other good. and valuable considerata.on.,. to it pi Party of the second_ part, the receipt. . -of . which is 3 acknowied .edi, :hereby grants.,. sells -and' conveys -:�o party c and . c 1 r--r - : 0xW,:er-a - o—F — h? —ax land situated- and located -in `S+,,Luc-e.CoUnty; Fl-Gri--da- a71d patticularly' described as follows: The South 25' of the North 45' of the following described parcel: The North saoI of the -East 490' of the Northwest 1/4 of the Southeast 1/4. of Section'.14, Township 34 South, Range 39 East. This Inst± went Prepared By: DOINI E G. ED vAR s5, Attorney 1 Florida Power & Light Oomph' . P.O. Box 02.9100 Harm,. Florida. 33102 0 7 6 3 3 7 O W d and 0 0 0 f the- kL O NEF.S , 3 erce, o r a� E c ;? ? ars 0 v 0 kid by O ' R c te.. O 0 Ore o 0 z O 0 W aD c aD E Q Packet Pg. 39 1 8.C.2.d Save and except, party of the first part reserves unto tsel€" and its successors and assigns restrictions, reservations and easements cf record forever Over the entire parcel of land described above and subject to Exhibit "A" attached hereto nd by 0 O this reference made a part hereof. Party of the first part hereby..agrees to defend -the .title to 0 F_ said -land agai �xst the lawful claims of all persons whomsoever, _ o cladzd-ng- by-, brio 0r, Mnder. the- party -cf the first part herein, O } but not. otherwise. 3 0 IN WITINESS WHERE- 7, party of the first part has caused its seal -to: be ai d: -hereto, and this went c. -be. signed- by. its d-Uly authorized officer on .the date first above o U - o O O c Executed in, the prese xce of-. FF p z� v LO �] V ssista t ea' a f,, # N ecretaryF��.�,:r� LU STATE OF F iDA � COSY QF DA E } o z I HEREBY CERTIFY that before me, personally appeared O respectively, �.emvbty and �.- • Secretary of FIA)RIzA- powz & c COMPANY, a corporation organized under the laws of the State' of a� E Florida,. to me known to be the persons described in and who Q 2 BKO7 16 . Packet Pg. 40 1 8.C.2.d 'executed the foregoing instrument, and severally acknowledge execution thereof to be their free act and deed as such off - for the uses and purposes therein mentioned; and that they aj th t th -Flo, the cers, fixed ere o e o c a sea a sae corporation and that sayd instrument is the act and deed of said corporation. �0 O WITNESS my hand- and official seal In Said county and state - this - a day of1 9 0 c j�, _. _ .,.,,...,,,.,.._, + . - - - - - _. _. _ LL :.. 0 $ 4y-- Commission aces_:._ 4 `o, r '_` o - r' € � NOTARY FVZLIC STLLTL (W Fi.E MA, 'ke iJ - Y'' �s�_� W . � aYrr.-WT..SFUM ". MOLR-2Z,14�r4- c'%.'`°�"^, . de F PitFiiF77) Cfkiit! GFFiFiC�Sc. 3XS • Eby. O U 4- 0 00 ! LO C? ^q+ t al a 4vi-y LU _ 11 _ Z +. _.. O r N C _ N E t - C1 9GE091100 r Q 3 Packet Pg. 41 8.C.2.d 11 Egfnii "hIF PROVIDED that the following rights are reserved to Grantor. 1. Grantor shall have the right to construct, operate, maintain, improve, add to, upgrade, remove and relocate facilities on, within, and upon the lands described herein. Should Grantee require the Grantor to alter, adjust, or relocate its facilities located within said lands, Grantee hereby agrees to pay the .cost of such alteration, adjustment, or relocation., including, but not limited to the cost of ac ��-,�,¢ appropriate easements. Grantor shall have a reasonable right to enter upon the lands described herein for the purposes outlined in such trees brush . and paragraph 1 above, including the right t trim provided that suehrigh7ts�vrth t int h..mi9bt endanger Or b1terf� with suet ga •tie not interfere with Grantor's use. _ _ n GrBr: resultitor gees to indemnify the Grae against Gran or exercising its rights outlined in -any loss or d age P 6' aPhs land 2 above. ''ITNESS WHEREOF, theparties hereto .have execul d t� s; "a�+�e went on the day and year first above written S4"C eti, sealed amide zvered 147 i oeST. I,%3 CI CUCTI�Ty BE ARi4�QF COUNTY COIVIMiSSIt7,Rs= ;. _. a x- �� O�ttt° „� � • .J. j STATE cJi S -RMA_ COUNTY OF 77777 On. of • �4y i J T .i1 S u-idersignea. notary P , ublic personally _ lly appeared �; - to me to be the person whose name is subscrabed�to the foregoinns' as the �r1 R s'! . of S-a� g.., ... en t acknOwlie that he; saw execute' the same on l Cobnty' �d C k+' . - 2 .. behs-i of said Cotmtlt as the don thereof and that he/shewas duly authorized -, a, ...0 IN WITNESS WHEREO-Y, I hereunto set my hand and official seal, M Commission Exp$re� OTARY PUBLIC, STATE;= My-Cf" iuion Expires April 29, 1992 �l' . �` r'a •� - - .- 8otadrd-ram FrpyFoin • I¢syrance !nc - - • • . M O O� 0 Z c 0 0 NNN LPL C t V R Q Packet Pg. 42 1 C4 -% -% -- --:� �&C. 2. d ftv M-A its ID 0 0 0 P *56 0 LE A46 rip -W 0 0 a 'r it 0 it 4 10-1 LO I N ID uj ID 4n IC 4P .7 10 0 Grl 0 2 N-I 27210 -Vtf C; t —IVOlq I 10 �-4c. of, ay 000- -A\ t w ...... . 3 41 I Packet Pg. 43 1 8.C.2.e 03-BSb.03-06/93 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (10-08-14 Document prepared by: Grace K. Abel (10--16-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 105.1 Item/Segment No. 4241431 Section: 94003--2502 Managing District: 04 S.R_ No. 713 County: St. Lucie COUNTY DEED THIS DEED, made this day of , 201 , by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982- 5632, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: Parcel No. 105 Item/Segment No. 4241431 Section: 94003-2502 The South 25 feet of the North 45 feet of the following described parcel: The North 500 feet of the East 490 feet of the Northwest One - Quarter (NW 1/4) of the Southeast One -Quarter (SE 1/4) of Section 14, Township 34 South, Range 39 East, more particularly described in Official Records Book 716, Page 1336 of the Public Records of St. Lucie County, Florida, as shown on Sheets 8, and 9 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502. Containing 12,250 square feet, more or less. Packet Pg. 44 8.C.2.e TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice -Chairperson of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners By: Print Name: Its Chairperson (or Vice -Chairperson) The foregoing instrument was acknowledged before me this day of , 201 , by r Chairperson (or Vice -Chairperson), who is personally known to me or Who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 45 8.C.2.e Parcel No. 105 Item/Segment No. 4241431 Section: 94003-2502 The South 25 feet of the North 45 feet of the following described parcel: The North 500 feet of the East 490 feet of the Northwest One - Quarter (NW 1/4) of the Southeast One -Quarter (SE 1/4) of Section 14, Township 34 South, Range 39 East, more particularly described in Official Records Book 716, Page 1336 of the Public. Records of St. Lucie County, Florida, as shown on Sheets 8, and 9 of the Fiorida Department of Transportation Right of Way Map for Item/Segment No. 4241.431, Section 94003-2502. Containing 12,250 square feet, more or less. a Packet Pg. 46 8.C.2.e BSD.04--10191 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (10-08-14) Document prepared by: Grace K. Abel (10-16--14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 105.1 Item/Segment No. 4241431 Section: 94003-250.2 Managing District: 04 S.R. No. 713 County: St. Lucie R E S O L U T I O N ON MOTION of County Commissioner seconded by County Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 713 (Kings Highway), Item/Segment No. 4241431, Section: 94003--2502, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, Florida be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of St. Lucie County, Florida in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida at a meeting held on the day of 201 Print Name: Clerk Board of County Commissioners St. Lucie County, Florida Packet Pg. 47 ITEM NO. (ID # 2638) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE: 02/03/2015 AGENDA REQUEST Board of County Commissioners George Landry, Employee Safety & Risk Manager Employee Safety & Risk Division *CONSENT AGENDA\HUMAN RESOURCES Corizon Invoices for HIV Medications for Oct -Nov 2014 Corizon Health Services acts as a third -party administrator for St. Lucie County Jail inmate healthcare. Corizon manages, administers, and pays for inmate HIV medications and offsite services for inmates at the County Jail. Corizon has submitted Invoice Numbers CZN000016149 (Attachment A) and CZN000016283 (Attachment B) in the total amount of $133,198.78 Requesting reimbursement from the County for October and November 2014 inmate HIV medication costs. The contract with Corizon provides for reimbursement from the General Fund when no other source of payment is available. PREVIOUS ACTION: November 18, 2014 BOCC approved payments for July, Aug. And Sept. 2014 in the total amount of $179,599.25 September 2, 2014 BOCC approved payments for May and June 2014 in the total amount of $99,436.67 July 15, 2014 BOCC approved payments for March & April 2014 HIV invoices totaling $117,239.75 Total spent on Inmate health care YTD is $99,201.60 FINANCIAL IMPACT: Sufficient funding is available from the inmate medical expenses account within the General Fund (001- 2300-531300-200). Available balance is $2,480,798.40 RECOMMENDATION: Staff recommends the Board of County Commissioners approve payment of Corizon Health Services Invoice Numbers CZN000016149 and CZN0000115283 for Inmate HIV medications for October and November 2014 in the total amount of $133,198.78 COMMISSION ACTION: Packet Pg. 48 Coordination/Signatures -T-4 a Heather Young, Asst. County Attorney 1/21/2015 Heather Young, Asst. County Attorney 1/21 15 Ho and Tipton, Count Administrato 1/26/2015 Updated: 1/23/2015 3:37 PM by Bob Bentkofsky Page 2 Packet Pg. 49 8.J.1 ITEM NO. (ID # 2648) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE: 02/03/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Waiver of Fenn Center Facility Rental Fees for Ask -a -Lawyer Event The St. Lucie County Bar Association and Florida Rural Legal Services, Inc. have partnered together to host the "Ask -a -Lawyer" event at the Havert L. Fenn Center on Wednesday, March 18, 2015. During the event, attorney volunteers from the St. Lucie County Bar Association will counsel and provide free legal advice and assistance to individuals who have been screened for eligibility by Florida Rural Legal Services, Inc. The event also includes a free clinic and outreach program to provide pro bono clients with assistance in a variety of legal matters. Any citizen of the County may attend the event to receive forms, literature, and general guidance on such areas as small claims court filings, landlord/tenant disputes, consumer -related matter, and other civil legal issues. The St. Lucie County Bar Association and the Florida Rural Legal Services, Inc. request a fee waiver in the amount of $337.50. Rental fees can be waived by the BOCC pursuant to section 138b in "Exhibit A" of Resolution 14-053. Additional costs for County staff and equipment, if applicable, will be paid by the renter. PREVIOUS ACTION: August 12, 2014 (Item #2258) - BOCC approval to waive $337.50 in Fenn Center facility rental fees for the Ask -a -Lawyer event on October 22, 2014. FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $337.50 in rental fee revenue, making the amount of rental fees waived to date at the Fenn Center for fiscal year 2015 a total of $4,230. RECOMMENDATION: Staff recommends Board approval to waive $337.50 In Fenn Center facility rental fees for the Ask -a - Lawyer event. Packet Pg. 50 8.J.1 COMMISSION ACTION: Coordination/Signatures 4U24d oa��C Edward Matthews, FarKS, Rkre-atiop & Facilities Direct4fl5/2015 iW aie 5. McIntyre, C my ttorney 1/16/2015 Ho and Tipton, Count Administrato 1/26/2015 Updated: 1/16/2015 9:27 AM by Patty Marston-Duva Page 2 Packet Pg. 51 (4uaA3 J8fiMB-1 a 31sd a01 s88=1 J04UOO uu8=110 JOAieM : 8V,9Z) }senbeN aalle-1 i9AMe-1-a-3JsV :luauay3el}d r Law Offices 0o of GONANO & HARRELL A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAW DOUGLAS E. GONANO TD BANK BUILDING Board Certified Real Estate Lawyer 1600 South Federal Highway, Suite 200 email: dgonano@gh-law.com Fort Pierce. Florida 3,1950-5178 Telephone (772) 464 - 1032 ALEXZANDER D. GONANO Facsimile (772) 464 - 0282 email:agonano@gh-laxv.com VIA ELECTRONIC TRANSMISSION ONLY January 13, 2015 Mr. Edward R. Matthews Director, Parks, Recreation, and Facilities St. Lucie County 2000 Virginia Avenue Fort Pierce, Florida 34982 DANIEL B. HARRELL Board Certified In Education Law email: dharrell@gh-law.com MOLLY L. SHADDOCK Board Certified In Education Law email: mshaddock@gh-law.com Re: Request of St. Lucie County Bar Association and Florida Rural Legal Services, Inc., to use Havert L. Fenn Center for "Ask -a -Lawyer" Event on March 18, 2015 Dear Mr. Matthews: This confirms the request of the St. Lucie County Bar Association and Florida Rural Legal Services, Inc., for waiver of the facility use fee for the Havert L. Fenn Center to permit these organizations to hold another "Ask -a -Lawyer" event at the Center on Wednesday, March 18, 2015, from 1 to 4 p.m. The SLCBA and FRLS have held at least six such events at the Fenn Center, beginning in 2011. Attorney volunteers from the SLCBA have counseled and provided free legal advice and assistance at this location to approximately 160 individuals who had been screened for eligibility by the FRLS. The SLCBA is an association of attorneys practicing in and around our County. FRLS is a non-profit organization that provides free civil legal assistance to indigents and low-income elderly persons in thirteen counties in South Central Florida. It maintains an office and substantial presence in Fort Pierce specifically to serve such individuals in St. Lucie and adjoining counties. The "Ask -a -Lawyer" events comprise a free clinic and outreach program jointly sponsored by the two organizations to provide pro bono clients with assistance in a variety of legal matters. FRLS pre -qualifies clients and sets appointments in advance for consultations of approximately 30 minutes each. The SLCBA, in turn, solicits attorney volunteers from among its membership to provide, without charge, on -site counseling and legal advice to qualified individuals appearing at the clinics. These events are open without charge to all St. Lucie County residents. Any citizen of the County may come to the event and receive forms, literature, and general guidance on such areas as small claims filing, landlord/tenant disputes, consumer -related matters, and other civil legal issues. (}uan3 JOAMB-1 a 31sd a01 s88=1 J04UOO uu8=j10 JanieM : 8V,9Z) }senbeN jelled a9AMe-j-a-3JsV :}u8Wtj3e;}d � M r LO 00 d r aD Y V Mr. Edward R. Matthews a January 13, 2015 Page 2 Consultations with attorneys (legal advice) is limited to those individuals who meet the income and related eligibility requirements that govern FRLS's mission and purpose. The SLCBA and FRLS have used other venues for "Ask -a -Lawyer" events but none provides the central location, accessibility, and consultative environment offered by the Fenn Center. This facility is uniquely situated to facilitate the delivery of these types of services efficiently but with client dignity and confidentiality preserved. Please also note that no County staff services or supplies are needed for the program, and the only "equipment" components required are a few tables and chairs. Given the nature of the services and activities undertaken during these three hour sessions, no food or beverage is served, no trash or debris is created, and there is no wear and tear on the Center or its equipment beyond that attendant to a total of perhaps 40 individuals (clients, volunteer attorneys, and FRLS staff) walking through and briefly seating themselves in the facility. Enclosed please find the following information: • A completed facility use application (except for information on page 4, which cannot be completed .intil the Board acts on the fee waiver request) • 2014 Florida Non -Profit Corporation Annual Report for the SLCBA • 2014 Florida Non -Profit Corporation Annual Report for the FRLS • Current certificate of (tax) exemption for FRLS • A diagram indicating the requested table and chairs layout that our program used when events were previously held at the Fenn Center. On behalf of the SLCBA and FRLS, thank you for your consideration, and please advise if you require additional information regarding our request. :Daniel B. Harrell Chair, Pro Bono Committee St. Lucie County Bar Association Enclosures cc: Ms. Charlotte Lombard Bireley Mr. Matthew Morse Mr. Carlos L. Wells, Esq. Ms. Carolyn Fabrizio Ms. Debbie Lazar (;u9A3 . GAMe_1 a Msd aOI s893 aa;UOO uua3 }o .IaAIeM : 9V9Z) ;senbaN aa;;a-1 aaAme-l-a-31sV :1u9wLloe11V r LO 00 d r (D Y V R a St. Lucie County Reservation Request/Facility Use Agreement THE HAVERT L. FENN CENTER Applicant is ❑ For Profit � Non-profit ❑ Individual FACILITY INFORMATION Facility Requested: i' AV Ejr L, > 4 CF_1,ng_ Date($) Requested: F_)tf'Eer Room(s): No. of Attendees: 50 Times: ¢ AM49 till: 4 AM/OM Type of Event: hSK- A - LAw.11 r �_ Alcohol Sales or Use: Yes No_ X (See Para.9, 10, 16 below) Room Set-up;. L&8' f WIRS Concessions Requested: Yes NoD(See Para. 9 below) Service or equipment requests (additional charges will apply): NOP4E ORGANIZATION/APPLICANT INFORMATION.• Organization Name: FW(DA RI t. t; F AL,. SEeW ' pplicant: D?R�B►g LA-7,4Q Business/Home Address: to US H V-1 :1 City: IU p LOZO-C State: k—Zip: Email Address: �ke. f-dtUi`'(LU'�}' k 41% Phone: 77o?" 9 b-47d Cell: Terms & Conditions of Use 1. User shall use the Premises indicated above only for the use stated and shall not use or permit the Premises to be used for any other purpose. User shall obtain any and all permits and licenses, comply with any and all requirements and pay any and all taxes, fees and charges prescribed by federal, state and local laws, ordinances, rules and regulations. 2. User shall not do or permit anything on or about the Premises which will in any way damage the Premises, obstruct or interfere with the rights of other users of County's facilities, or injure or annoy them. 3. Lessee shall not admit to Premises a larger number of persons than indicated above or additional charges may apply. in no case, shall the number of persons exceed the capacity of the leased portion of the facility. 4. Payment in full and all required documents are due no less than 30 days prior to the event Payment in full may be required at the time of reservation, at the discretion of the Coordinator. If payment in full is not received by that date, at the discretion of the Coordinator, the event may be cancelled. However, any payment made less than 30 days prior to the Event date must be made by cash, cashier's check, money order or certified check. The event shall be cancelled if payment in full is not made within 10 business days of the event date. If the check is returned to the County by the bank an additional charge shall be due from the Lessee an the Event will not be considered reserved until full payment is received in the form of cash cashier's check, money order, certified check or credit card S. The rental period shall begin and end on the day and time stated and shall include all times required for event set-up and breakdown. User may request County's permission to use the Premises beyond the time shown. Updated, February Z014 (;uaA3 aaAnne-1 a >Isd JOI s893 aa;UOO uu83 }o .aaAleM : 9V9Z) ;senbaN japed aaAme-l-a-31sV :1u9wLloe11y r 7 00 User shall pay the normal hourly rental charges plus an additional hourly rate of $100.00 for each hour past _ plus personnel charges two times the normal rate for each quarter hour beyond the time. 6. If User desires to cancel this Agreement and if written notice 6D days prior to the event date is given, the County shall refund the full amount. If cancellation is less than 60 days but more than 30 days, there shall be a 50% refund of the rent. If cancellation is within 30 days or less of the Event date, or no written cancellation notice is provided, there shall be no refund, 7. In the event that an outdoor Event is cancelled or postponed due to inclement weather, any refund will first be reduced by the cost of staff, supplies and other expenses incurred prior to the cancellation. Rescheduling of the event is at the sole discretion of the County. 8. User agrees that any change, alteration or addition to the Premises must be approved in writing by the Coordinator. In the event of any such approved change, the entire cost of such change and removal or replacement shall be borne by the User. 9. The County reserves for itself or its agents, contractors, or concessionaires the right to the sales and serving of all foods, non-alcoholic and alcoholic beverages for consumption on or off the premises. 1D. The County shall determine the level of security protection needed. User shall procure and maintain, at its own expense, such security during the Event. User shall provide the County at least 10 days before the Event, with proof, in a method acceptable to the County, of having retained the level of security determined needed by the County. At least one 5t. Lucie County Sheriff's officer is required to be present at the Event when alcohol is served. 11. County and/or its designated agents shall have the right to enter and inspect the Premises at any time. County further reserves the right to itself and its designees to enter the Premises at any time to perform services required of or permitted to County, such as concessionaire, janitorial and repair or replacement services. 12. During the term, User shall maintain the Premises in good order, condition and repair and shall leave the Premises in good order, condition and repair and shall remove all personal property, fixtures and decorations from the Premises and immediately repair any damage caused by the use. Any property left on the Premises shall become the possession of the County. 13, The User shall be responsible for any and all damage to the Premises and to County's property therein caused, directly or indirectly, by User, User's agents, employees, volunteers, exhibitors, independent contractors, patrons, guests or invitees, whether accidental or otherwise. if County is required to make repairs or incur clean-up costs, County may deduct from the security deposit such costs as are necessary to cover the costs of the repair or clean-up. If the deposit was not charged or is insufficient to cover such costs, User shall be required to pay the amount due within 10 days of the Event Date. 14, County shall not be liable for any damage to the property of User, or to any person bringing property into User's Event. County shall not be responsible for the theft, loss, or damage to User's property or property belonging to anyone with whom User may have contractual relations as to the use or partial use of the Premises, or property belonging to any employee, agent, guest, patron or invitee of User. 15. User will indemnify, defend and hold County, St. Lucie County Board of County Commissioners, its officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys` fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking area or other areas of the facilities by User or User's agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees; and in the event that suit shall be brought against County, either independently or jointly with User on account thereof, User will defend any such suit or suits at the sole cost of User; and in the event of final judgment being obtained against County, either independently or jointly with User, then User will pay such judgment immediately, with all interest and costs thereon, and shall hold County harmless there from. 16, General Liability insurance in the amount of $1,00D,000 per occurrence/$2,000,000 general aggregate is required. An insurance certificate in the name of the User must be produced showing St. Lucie County Board of County Commissioners as an additional insured. Consumption of alcoholic beverages requires additional insurance. If selling alcohol, all applicable State permits, alcohol beverage permit and licenses must be obtained and submitted. Updated, February 2014 (;u9A3 aaAnne-1 a >Isd .a01 s893 aa;UOO uua3 }o .10AleM : 9V9Z) ;senbaN japed aaAme-l-a-31sV :;uau Lloe11V r 7 tb 17. In the case that a state of emergency may be declared, or the Premises or any part thereof shall be destroyed or damaged by hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence, the County may determine that fulfillment of this Agreement by the County is not possible. If any of these shall occur, this Agreement shall terminate and the User shall pay rental for said premises only up to the time of such termination at the rate specified. The User hereby waives any claim for damages or compensation should this Agreement be so terminated. IS. User shall be solely responsible for all licenses, fees, charges or other requirements to present or allow the presentation of any composition, work or material during the Event or in advertising which is covered by copyright, trademark, patent or other intellectual property right. 19. The County reserves the right to freely assign this Agreement. The User, however, shall not assign this Agreement to any other persons or firm without first obtaining the County's written approval. 24. No lewd, indecent, immoral, obscene or illegal acts, conduct, language, pictures or portrayals shall constitute or be included in the activities or Event presented by User on the Premises and User agrees to abide and to be bound by the sole decision of Coordinator as to the propriety and prohibition of the same from the Premises should any questions of propriety arise under this paragraph. 21. User shall be responsible for the procurement and payment of all promotion and advertisement pertaining to the Event; provided, however, that all of User's advertising will be factual and truthful and will include, without limitation, accurate information. 22. User shall not advertise directly or indirectly that the County is the promoter or co -promoter of the Event nor is in any way responsible for the Presentation of the Event other than in providing the Premises unless authorized in writing by the County. Advertisements and information shall not list a County facility or phone number. 23. Should any visible danger be observed by the User or brought to his/her attention, User shall not use the facility and shall report the visible danger to the Coordinator or other County staff as soon as possible. 24. PUBLIC RECORDS: The User shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the User in conjunction with this Contract. Specifically, the User shall; (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. Possession of permit is required while using facilities. Failure to supply permit when requested by County Staff or Law Enforcement may result in removal from area. This Agreement is subject to cancellation within 10 days of the Event if payment in full and required documents are not submitted as required by the Coordinator. ATTACH TAX EXEMPT CERTIFICATE (IF APPLICABLE) Updated, February 2014 r 7 00 (;u9A3 .OAme-1 a MsV JOI s893 aa;UOO uua3 }o .IaAieM : 9V9Z) ;senbaN aalle-1 a9Aane-j-e-3jsV :;u9wLloe;;V FACILITY AND EQUIPMENT FEE 1. Facility Use Fee (including time for set up/tear down) $ 2. Equipment (Specify) $ $ Tax (6.5%) $ SUBTOTAL STAFF/PERSONNEL 1. Event supervisor $ 2. Custodian $ OTHER CHARGES — As Required 1. Security Deposit $ Refundable 2. Dther Charges (Specify) $ 3. Cleaning Fee $ TOTAL DUE AND PAYABLE (Within 30 days of Event Date) $ TOTAL MINIMUM 50% DEPOSIT TO RESERVE (if more than 30 days from Event Date) $ BALANCE DUE WITHIN 30 DAYS OF EVENT DATE $ 1 HAVE READ AND FULLY UNDERSTAND ALL RULES AND REGULATIONS AS STATED IN THIS FACILITY USE AGREEMENT. I AM DULY AUTHORIZED ON BEHALF OF THE USER TO EXECUTE THIS AGREEMENT. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. WITNESSES: USER: (1) -- BY: WITNESSES: (1) (2) PRINT NAME: APPROVED AS TO FDRM AND CORRECTNESS: BY: COUNTY ATTORNEY BOARD OF COUNTY COMMISSIDNERS ST. LUCIE COUNTY, FLORIDA BY: COUNTY REPRESENTATIVE 4 Updated, February 2014 r 00 (;u9A3 JOAme-1 a MSV aof s893 a84u90 uua3 }o .10AleM : 9V9Z) ;senbaN jelled j9Ame-j-e-)jsV :;u9wLIoe;;V 2014 FLORIDA NON PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N22530 Entity Name: ST. LUCIE COUNTY BAR ASSOCIATION, INC. Current Principal Place of Business: 250 NW COUNTRY CLUB DRIVE PORT ST. LUCIE, FL 34986 Current Mailing Address: P.O. BOX 3014 FT PIERCE, FL 34948 FEI Number: 65-0008027 Name and Address of Current Registered Agent: EWEN, LILLIAN 250 NW COUNTRY CLUB DRIVE PORT ST. LUCIE, FL 34986 US FILED Mar 24, 2014 Secretary of State CC4352739375 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: LILLIAN EWEN 03/24/2014 Electronic Signature of Registered Agent Date Officer/Director Detail Title PRES Name EWEN, LILLIAN Address 250 NW COUNTRY CLUB DRIVE City -State -Zip: PORT ST. LUCIE FL 34986 Title SEC Name ADKINS, VICTORIA Address 601 CITRUS AVENUE City -State -Zip: FORT PIERCE FL 34950 Title VP Name WELLS, CARLOS Address 411 SOUTH 2ND STREET City -State -Zip: FORT PIERCE FL 34950 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: LILLIAN EWEN PRESIDENT 03/24/2014 Electronic Signature of Signing Officer/Director Detail Date 00 Ln a r Y V M a r 00 (;u9A3 JOAme-1 a MsV aof s893 a04ua0 uua3 }o .10AleM : 9V9Z) ;senbaN jelled j9Ame-j-e-)jsV :;u9wLIoe;;V 2014 FLORIDA NONPROFIT CORPORATION ANNUAL REPORT DOCUMENT# 712035 Entity Name: FLORIDA RURAL LEGAL SERVICES, INC. Current Principal Place of Business: 1321 EAST MEMORIAL BOULEVARD SUITE 101 LAKELAND, FL 33801-2103 Current Mailing Address: 1321 EAST MEMORIAL BOULEVARD SUITE 101 LAKELAND, FL 33801-2103 US FEI Number: 59-1225173 Name and Address of Current Registered Agent: BRUNDIDGE, TIKISHA 1321 E. MEMORIAL BLVD. SUITE 101 LAKELAND, FL 33801-2103 US FILED Feb 07, 2014 Secretary of State CC4286004977 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: TIKISHA BRUNDIDGE 02/07/2014 Electronic Signature of Registered Agent Date Officer/Director Detail Title PD Name PERRY, MARK A Address 50 SE 4TH AVENUE City -State -Zip: DELRAY BEACH FL 33483 Title VD. Name CARLTON, LATRYNA D Address P.O. BOX 24 City -State -Zip: WAVERLY FL 33877 Title TD Name WALKER, GRISSIM Address P.O. BOX 15726 City -State -Zip: SARASOTA FL 34277 Title SD Name SCHOFIELD, ARTHUR T Address 330 CLEMATIS STREET City -State -Zip: WEST PALM BEACH FL 33401 Title ED Name ISAAC, DONALD Address 3210 CLEVELAND AVENUE City -State -Zip: FT. MYERS FL 33901 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DONALD ISAAC EXECUTIVE DIRECTOR 02/07/2014 Electronic Signature of Signing Officer/Director Detail Date (;u9A3 JIGAMe-1 a Msd a01 s893 a04ua0 uua3 }o .aaAleM : 9V9Z) ;senbaN japan aaAme-l-a-31sV :1u9uayoe11V � o r � i 000000R 03/20/14 al 00 a- r a� Consumer's Certificate of Exemption R. 04/11 a DEPARTMENT Issued Pursuant to Chapter 212, Florida Statutes OF REVENUE 85-8012557692C-0 04/30/2014 04/30/2019 501(C)(3) ORGANIZATION Certificate Number Effective Date Expiration Date Exemption Category This certifies that FLORIDA RURAL LEGAL SERVICES INC 1321 E MEMORIAL BLVD STE 101 LAKELAND FL 33801-2103 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. tip" qv; DEPARTMENT Of REVENUE Important Information for Exempt Organizations DR-14 R. 04/11 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities_" The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. (}uan3 JOAMB-1 a )Isd JOI s88=1 a04ua:) uua=l;o JanieM : gVgZ) }senbeN jolle-1 j9Ame-j-a-3JsV :}uewt4oejjv 8.J.1.b 0000-nR n3i20/14 Consumer's Certificate of Exemption R aa/ii D } Issued Pursuant to Chapter 212 Florida Statutes OF REVENUE i01 . OF REVENUEE 85-8012557692C-0 04/30/2014 04/30/2019 501(C)(3) ORGANIZATION Certificate Number Effective Date Expiration Date Exemption Category This certifies that FLORIDA RURAL LEGAL SERVICES INC 1321 E MEMORIAL BLV© STE 101 LAKELAND FL 33801-2103 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. tm�-� DEPARTMENT DF REVENUE Important information for Exempt Organizations AR-14 Fi. 04/11 i . You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Ryle 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6, If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box Wo, Tallahassee, Ft. 32314-6480. Cl) U Packet Pg. 62 ESTIMATE OF FEES 8.J.1.c J COUNTY VENUE s = PHONE Estimate Date: January 15, 2015 Event: Ask -A -Lawyer No. of Attendees 35 Contact: Debbie Lazar Havert L. Fenn Center 772-462-1521 FAX: 772-462-1128 Event Date: 3/18/2015 Event Day: Wednesday Event Times: 1 pm - 4pm Set Up/Load In: Break Down/Load Out: Total Event Hours, inc. Load in/Out: 3 hours Organization: Florida Rural Legal Services, Inc. Address: 510S. US 1, Suite 1 Fort Pierce, FL 34950 Office Phone: 772-466-4766 Fax:772-389-4176 Cell: E-mail Address: debbie.lazar@frls.org *********************************************************************************************** Facility Use Fee Multipurpose Room 5 Multipurpose Room 6 Eauioment Use Fees Rate $75 per hour X 3 hours $75 per hour X 3 hours Sub -total Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% FACILITY USE FEE TOT Fee $225.00 $225.00 $450.00 $112.50 $337.50 T/E 1 $337.501 Tables and chairs N/C $0.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $0.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor N/C STAFF FEES TOTALI $0.00 Other Fees Catering Fee - Cleaning Fee Event Insurance Premium (if applicable; by separate check) Security Deposit Payable to St. Lucie County BOCC OTHER FEES TOTAL $0.00 SECURITY DEPOSIT TOTAL $0.00 TOTAL ESTIMATED CHARGES $337.50 TOTAL WAIVABLE FEES $337.50 TOTAL DUE IF FEES WAIVED $0.00 Other Requirements include but are not limited to 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by: Matt Morse a� E r w c aD w aD 3 CU J y Q c a� E Q FORM APPROVED MAY 2012 Packet Pg. 63 8.J.1.d RESOLUTION 14-053 A RESOLUTION AMENDING RESOLUTION NO. 12-047 AND MADE APART I IEREQF AS ., ATTACI IMENTA" AND REPEALING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and 3. On January 191h, 2010, the County entered into an amended and restated Recreation Facilities Mutual Use Agreement , hereinafter "Mutual Use", with the St. Lucie County School Board; and 4. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 5. On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and 6. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and 7. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and 8. The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 64 8.J.1.d 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, 96-236, 12-047 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 15 day of April, 2014. BOARD OF COUNTY COMMISSIO ATTEST: ,a ST. LUC CO Y, FLORI Deputy Clerk Chair APPROVED A TO FORM CORRECTNESS: BY: L County Attor e M LO O r .2 0 a m M U_ c 0 r 0 m a c m E V c� r a Packet Pg. 65 8.J.1.d Exhibit A — Resolution 14-053 St. Lucie County Amended Facility Use Policy A. FACILITY USE REQUIREMENTS 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. Packet Pg. 66 8.J.1.d a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 8. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility fortheimproper orillegal serving ofalcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES 1. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar Packet Pg. 67 8.J.1.d facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should be judicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: Active nonprofit organizations which have received tax exemption under Section 501(c)(3) or othersection of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010.) 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: Packet Pg. 68 8.J.1.d Active status as anon profit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. 7. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. 8. Facility use fees may be waived by the Board of County Commissioners for: Packet Pg. 69 8.J.1.d a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency (except St. Lucie County School Board which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. 9. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. 10. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. 11. To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. Packet Pg. 70 8.J.1.d S:\ATY\RESOLUTIONS\2014\Amending 12-047.wpd Co to N M LO O 4 r V O d d to r.+ .0 R U- r_ O r 3 O to d r C d t V r Packet Pg. 71 8.J.2 ITEM NO. (ID # 2635) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE 02/03/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Bid Award for Upgrade of Electrical Panels at the St. Lucie County Fairgrounds The purpose of this bid was to select a professional electrical contractor to provide all labor and materials as required to replace and upgrade selected electric panels throughout the Fairgrounds facility. The project bid requested responding vendors provide a cost for a base bid and four (4) alternate bids for the selected electric panels. On December 3, 2014, responses to Bid No. 15-009, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds were opened. Two -hundred sixty five (265) companies were notified, twenty-one (21) bid documents were distributed and two (2) bids were received. The lowest, responsive and responsible proposal was presented by Paragon Electric of Vero, Incorporated, in the amount of $51,480 for the base bid and $20,417 for Alternate 2 of the bid for a total bid of $71,897. Total funding budgeted for this project in the Parks MSTU Fund for FY2015 is $75,000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in the Parks MSTU Fund for this project, 129-7511-546200-7420 RECOMMENDATION: Staff recommends Board approval to award Bid No. 15-009, Upgrade of Electrical Panels at the St. Lucie County Fairgrounds, in the amount of $71,897 to Paragon Electric of Vero, Incorporated and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 72 8.J.2 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Direct4g5/2015 Danie 5. McIntyre, C my ttorney 1/16/2015 Ho and Tipton, Count Administrato 1/26/2015 Updated: 1/23/2015 3:35 PM by Bob Bentkofsky Page 2 Packet Pg. 73 8.J.2.a BOARD OF PURCHASING COUNTY = DEPARTMENT COMMISSIONERSCOUNTY TABULATION SHEET - BID #15-009 UPGRADE OF ELECTRICAL PANELS AT THE ST. LUCIE COUNTY FAIRGROUNDS OPENED: DECEMBER 03, 2014 AT 3:00 PM Two (2) submittals were received for subject proposal: TOTAL BID ALTERNATE ALTERNATE ALTERNATE ALTERNATE 1 2 3 4 Paragon Electric of Vero, Inc. 9120 16' Place, Vero Beach, FL 32966 $ 51,480.00 $ 74,228.00 $ 20,417.00 $ 15,347.00 $ 17,600.00 Fax: 772-299-5167 Godfrey Electric, Inc. 1222 Omar Rd., West Palm Beach, FL 33405 $ 62,250.00 $ 73,800.00 $ 24,600.00 $ 18,000.00 $ 21,500.00 Fax: 561-833-9391 Number of companies notified*: 265 Number of bid documents distributed*: 21 Number of bids received: 2 *per demandstar.com 0 L L a a� c CU a �L ci W LO M W N a as U) �a m a� 0 0 LO c as E r Q Packet Pg. 74 8.J.3 ITEM NO. (ID # 2645) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Roger Shinn, Facilities Manager Facilities Division DATE: 02/03/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Energy Savings Performance Contracting - Feasibility Study Authorization Performance Contracting is a means in which the County will make energy saving facility improvements without any out-of-pocket funding. Florida Power & Light Services, LLC is an approved Performance Contractor on a State of Florida Term Contract. Phase I of the Energy Performance Contracting began in 2007 with the implementation of the Water Conservation Project at the Jail. Over a seven year period the total savings was $1,489,400. Staff is now ready to move forward with Phase II. Florida Power & Light Services, LLC will conduct a Feasibility Study to determine if there are potential energy efficiency measures County -wide. Exhibit A (attached) lists the service locations and items to be evaluated in the study. Before design and installation of any of the services outlined in Exhibit A, Florida Power & Light Services, LLC will provide a written report that summarizes the costs associated with the energy conservation measures and provide an estimate of the amount of energy cost savings. PREVIOUS ACTION: May 22, 2007 entered into a Master Agreement Contract with Florida Power & Light for Demand Side Management and Energy Efficiency Services. November 2007 Phase I of the Energy Performance Contract for Water Conservation was implemented at Rock Road Jail. January 13, 2015 the Board of County Commissioners met with Florida Power & Light to discuss the implementation of Phase II. FINANCIAL IMPACT: There will be no cost to the County for the study. The results of the feasibility study will determine which projects have the most favorable return on investment. The eventual capital investment will be financed Packet Pg. 75 8.J.3 through the projected energy savings with Florida Power & Light guaranteeing a certain level of savings, If the guaranteed savings level is not reached, FP&L will make payment to the County. RECOMMENDATION: Staff recommends Board approval to execute the Feasibility Study Authorization Form with Florida Power & Light Services, LLC for County -wide energy efficiency measures and authorize the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Diredhfl6/2015 f Heather Young, Asst. County Attorney 1/21 15 Ho and Tipton, Count Administrato. 1/26/2015 Updated: 1/23/2015 3:48 PM by Bob Bentkofsky Page 2 Packet Pg. 76 ri 00 aoueuaJo}aad SBUTAeg ABa8u3 : 5;-M) uaao3 uoi;eziaoy;nV A1lllglsea3 sBuiAes MoUg :4u8uay3e44V SCHEDULE A FEASIBILITY STUDY AUTHORIZATION FORM Project Name: St. Lucie County Phase 2 ECM No.: Phase 2: energy efficiency measures county wide 1) Service Locations: Criminal Justice Facility: Rock Road Jail, Logistics Center, Fairgrounds, Sheriff Administration building, I.T. Bunker, Agriculture Extension Building, Walton Annex, Mets Stadium, Fenn Center, County Administration Campus, Pt. St. Lucie Police Building (to be repurposed to Library), Health Department Company: FPL Services, LLC Customer: St. Lucie County Company Representative: Name: Rex Noble Address: FPL Services, LLC Telephone: Facsimile: E-mail: Customer Representative: Name: Address: Telephone Facsimile: 6001 Village Blvd West Pahn Beach, Florida 33407 (561) 681-3079 (561) 681-3088 rex.noble@fpl.com Roger Shinn 2300 Virginia Ave. Ft Pierce, FL 34982 (772)-462-1431 (772)-462-1444 E-mail: sbiunr@stlucieco.org AUTHORIZATION: This Feasibility Study Authorization Form ("FSA Form") is issued by the Company to the Customer pursuant to that certain Master Agreement for Demand Side Management and Energy Efficiency Services ("Master Agreement"), effective as of 20th day of January , 2015. This FSA Form authorizes the Company to commence Services as described herein pursuant to the terms and conditions of the Master Agreement. This FSA Form is not intended as a Change and in no way amends, varies or modifies the Master Agreement. Any alternate, different or additional terms or conditions referenced by the Customer in subsequent correspondence from the Customer are hereby rejected and will not become part of this FSA Form or alter the Master Agreement unless expressly set forth and incorporated herein. In order for the Company to commence Service set forth in this FSA Form, the Customer is required to sign this FSA Form. Capitalized terms used herein without other definition shall have the meanings set forth in the Master Agreement. This FSA Form consists of this FSA Form and the following attachments, which are incorporated into this FSA Form by this reference: (i) Exhibit A -Feasibility Study, and (ii) Exhibit B—Feasibility Study Price. Schedule A - Page 1 of 2 83ueuaJ0PGd sBulnes ABa8u3 5;-W) uaao3 uoi;eziaoy;nV Allllglsea3 sBuiAes AoJau3 :}uauayoe44V � 00 00 d r aD Y U R lI. SCOPE OF WORK: a The Company shall prepare a Feasibility Report which shall set forth the Services recommended ECM(s) for the implementation at the Service Location identified above, as more particularly described in the Feasibility Study, attached hereto and made a part hereof as Exhibit A. III. FEASIBILITY STUDY PRICE: Subject to Section 3.5 of the Master Agreement, the Customer shall compensate the Company for the Services provided in connection with the creation and development of the Feasibility Report for the price set forth in Exhibit B. The Customer has examined and carefully studied all of this FSA Form, including the Master Agreement and all exhibits, appendices, specifications, terms and conditions thereto and hereby agrees to be bound by any and all terms, conditions, and obligations set forth therein. THIS FORM IS HEREBY ISSUED BY THE COMPANY TO THE CUSTOMER ON THIS �20th DAY OF _January , 2015 ("Effective Date of FSA Form"). INWITNESS WHEREOF, the Parties have executed this Form as of the Effective Date of FSA Form. Authorized By the Company: FPL Services, LLC, a Florida limited liability company BY: NAME: Troy Rice TITLE: Vice President & General Manager DATE: Acknowledged by the Customer: St. Lucie County BY:_ NAME: TITLE: DATE: Schedule A - Page 2 of 2 (6u1}3ea1uo3 83ueuaJOJJ8d s6u!ASg A13JOU3 : 9-P9Z) V I!q!4x3 s6u!Aeg AOJau3 :4u8tut4O8J4V ai i 00 SCHEDULE A EXHIBIT A FEASIBILITY STUDY Project Name: St. Lucie County Phase 2 Service Locations: 1) Criminal Justice Facility: Rock Road Jail- -900 Rock Road, Ft. Pierce (428,082 square ft.) 2) Logistics Center: 3855 US Highway 1, Ft. Pierce (110,000 sq ft) 3) Fairgrounds: 15601 W. Midway Road, Ft. Pierce ( 4) Sheriff Administration Building: 4700 Midway Road, Ft. Pierce (48,557 sq ft) 5) I.T. Bunker: 101 Rock Road, Ft. Pierce (7,568 sq ft) 6) Agriculture Extension Building: 8400 Picos Road, Ft. Pierce (12,744 sq ft) 7) Walton Annex: 1664 Walton Road, Port St. Lucie (25,000 sq ft) 8) Mets Stadium: 525 NW Peacock Blvd. Port St. Lucie, FL 34986 9) Fenn Center: 2000 Virginia Ave. Ft. Pierce, FL 34982 (62,575 sq ft) 10) County Administration Campus: 2300 Virginia Avenue, Fort Pierce, Florida 34982 (93,00 sq ft) 11) Pt. St. Lucie Police Building (to be repurposed to Library): 2950 SW Rosser Rd. Port St. Lucie, FL (21,000 sq ft) 12) Health Department: 5150 NW Milner Drive, Port St. Lucie, FL 34983 (18,000 sq ft) Scope of Services: Provide a Feasibility Study Report evaluating the items below for the following facilities: Phase Two: 1) Interior / Exterior Lighting Variable speed Drives for HVAC Change out of 23 year old Chiller Delta HVAC units HVAC heat exchange to provide hot water 2) Ice Plant Roof replacement Exterior lighting 3) Exterior / interior lighting (especially HI Bays) HVAC upgrades (like kind for like kind) 4) HVAC upgrades (like kind for like kind) Exterior and interior lighting Emergency Generator Up grades (enable qualification for time and use rate) 5) Exterior and interior lighting HVAC system upgrades (like kind for like kind) 6) Interior & Exterior lighting HVAC upgrades (like kind for like kind) 7) Interior / Exterior Lighting & Chiller 8) Parking lot lighting, domestic water conservation, laundry 9) Interior gym lights, hall way lights 10) Cooling towers; possible capture of rain water for cool use 11) Interior lighting, exterior light, DX units (Iike kind for like kind) 12) HVAC DX units (like kind for like kind and variable speed drives), domestic water conservation in dental units Schedule A, Exhibit A - Page I of 2 (6u1}Oe WOO OOUBWJo}Jad sGu!Aeg ABJOU3 5ti9Z) 13 I!q!4x3 s6u!Aeg AOJau3 :Iu8tu4O8UV y o ri 00 00 a- r Y SCHEDULE A U a EXHIBIT B FEASIBILITY STUDY PRICE Feasibility Study Price: $ (do not know yet, but project pays for this) Payment Schedule: Due Upon Receipt Address for Invoice: St. Lucie County Government: 2300 Virginia Ave. Ft Pierce, FL 34982 Retainage Terms: No retainage on Professional Services Additional Final Payment Conditions: [IF DIFFERENT FROM ARTICLES 3 & 41 Schedule A, Exhibit A - Page 2 of 2 8.J.3.d 0 FPL Servic Oe 0 Guaranteed Energy Savings Performance Contracting 0 Packet Pg. 81 0 FPL Services~ FPL cR O up. Among largest U.S. electric utilities We serve approximately 4.7 million customers in Florida Largest provider in this state 8.J.3.d a� ENERGYC41 RESOURCES Generation assets in 26 states NextEra Energy operates 8 nuclear power units in Florida, New Hampshire, Iowa and Wisconsin, along with 15 traditional power plants in Florida FPL Group is #1 in the U.S. for solar, wind & energy efficiency Packet Pg. 82 aFP L Services - Energy Savings Performance Contracting (ESPQ A partnership between a county and an Energy Services Co. (ESCO) FPL Services ... to identify, design, guarantee, install and manage capital improvements when they create self funded opportunities by: ✓Saving Energy, Water &Operational Costs Deferring Future Capital Expenditures Packet Pg. 83 8.J.3.d Performance Contracting For St. Lucie County How does Energy Performance Contracting Work? Energy Savings O & M Savings Capital Avoidance Benefits Annual Capital Repayment For SLC St. Lucie County receives ioo % of annual savings and revenue that exceed the guarantee! Packet Pg. 84 aF:P L Services - Energy Savings Performance Contracting Governing law is FS 489.145 k In effect since 1990 FPL Services has performed over 150 million dollars in performance contracting in Florida 2007 St. Lucie County contracted with FPL Services to perform a PC project at Jail Master Agreement Contract is still valid (contract # C07-05-245) Packet Pg. 85 aFIR L Services - Success in Phase One — Jail Annual Guaranteed and Excess Savings Allocation Savings Guarantee Term Year Measured Savings Calculated Savings Actual Savings Annual Guaranteed Energy Cast Savings % Excess Savings [( Actual Savings Annual)/Annual] 1 $81,299 $110,808 192,107 $174,588 1011/0 88 432 $114,132 $202 564 $179,826 13% 3 $87 741 $117,556 $205 297 $185,221 110/0 4 $93,050 $121,083 $214,133 $190,777 12% 5 $94,628 $124,716 $219,544 $196,501 12% 6 $93,997 $128,457 $222,454 $202,396 10% 7 $100,990 $132,311 $233,301 $208,467 120/0 8 9 10 Total 1 $640,337 $849,063 $1,489,400 $1,129,308 Packet Pg. 86 0FP 90111&�J L Services - FEASIBILITY STUDY LEADING TO IMPLEMENTATION OF PHASE 2 Project Name: St. Lucie County Phase 2 Service Locations: Criminal Justice Facility: Rock Road Jail Logistics Center Fairgrounds Sheriff Administration Building I.T. Bunker Agriculture Extension Building Walton Annex Mets Stadium Fenn Center County Administration Campus Pt. St. Lucie Police Building (to be repurposed to Library) Health Department Packet Pg. 87 8.J.3.d 0 FPL Services - NEXT STEPS Development (Potential Financial Obligation) Detailed Feasibility Study Implementation'\ (Cost of Feasibility Study is included in project) If Budget -neutral project is not possible, process ends and the County owes nothing! a� c r r c 0 U d U c E L 0 L a a� c a� a� c w LO Packet Pg. 88 8.M.1 ITEM NO. RES-2015-6 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Don West, Public Works Director Public Works DATE: 02/03/2015 *CONSENT AGENDA\PUBLIC WORKS New Port Entrance 2nd Street - Amendment No. 2 to Joint Participation Agreement with FDOT The County has received additional funding in the amount of $542,500 through Supplemental No. 2 to Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). There is an additional County cost of $542,500 or 50%, from Port Development Project Reserves for a total project cost estimated at $1,085,000. This additional funding will be used to implement construction of the 2nd Street and the Port Entrance projects. PREVIOUS ACTION: March 20, 2012 - Board approved JPA with FDOT in the amount of $1,200,000 for Improvements to the Port Entrance 2nd Street October 23, 2012 - Board approved Supplemental No. 1 to JPA with FDOT in the amount of $2,500,000 for Improvements to the Port Entrance 2nd Street May 7, 2013 - Board approval of Budget Resolution establish funds for Supplemental No. 1 to JPA with FDOT in the amount of $2,500,000 for Improvements to the Port Entrance 2nd Street FINANCIAL IMPACT: Matching funds are available in the Port Capital Budget Reserve Fund Account No. 140001-4315-563000- 4657; JPA funding will be available in 140376-4315-334411-46502. Staff recommends Board acceptance of additional funds from FDOT Supplemental No. 2 to JPA in the amount of $542,500 for Improvements to the Port Entrance 2nd Street project, and authorization for the Chair to sign documents as approved by the County Attorney. [are]-kTi MLA Packet Pg. 89 8.M.1 Coordination/Signatures Ho and Tipton, Count Administrato 1/26/2015 Updated: 1/23/2015 3:33 PM by Bob Bentkofsky Page 2 Packet Pg. 90 8.M.1.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 06/11 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Pagel of Number 2 Financial Project No.: Fund: DPTO FLAIR Category: 088809 236897-1-94-01 Function: 215 Object Code: 750098 (Item -segment -phase -sequence) Federal No.: N/A Org. Code: 55042010429 Contract No.: AQK84 DUNS No.: 80-939-7102 Vendor No.: VF596000835079 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55014 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners - Port of Fort Pierce 2300 Virainia Avenue. Fort Pierce FL 34982 hereinafter referred to as Agency WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 17th day of April 2012 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $4,242,500.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Project description is NOT amended. Packet Pg. 91 8.M.1.a 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 2 of 5 2.00 Project Cost: Paragraph 3.00 of said Agreement is ® increased / ❑ decreased by $1,085,000.00 bringing the revised total cost of the project to $8,485,000.00 Paragraph 4.00 of said Agreement is ® increased / ❑ decreased by $542,500.00 bringing the Department's revised total cost of the project to $4,242,500.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement N/A 5.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 92 8.M.1.a 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 3 of 5 Financial Project No. 236897-1-94-01 Contract No. AQK84 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 4/17/2012 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners - Port of Fort Pierce AGENCY NAME Approval by Comptroller SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Pg. 93 8.M.1.a 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 4 of 5 Financial Project No. 236897-1-94-01 Contract No. AQK84 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners - Port of Fort Pierce 2300 Virginia Avenue, Fort Pierce FL 34982 dated 4/17/2012 DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To supplement contract with FY 14/15 funds: FDOT (50%) - $542,500 St. Lucie County (50%) - $542,500 Project Cost: As Approved $7,400,000.00 Total Project Cost $7,400,000.00 II. Fund Participation: As Approved Department: $3,700,000.00 Agency: $3,700,000.00 Other: Total Project Cost $7,400,000.00 Comments: As Amended Net Change $8,485,000.00 $1,085,000.00 $8,485,000.00 $1,085,000.00 As Amended Net Change $4,242,500.00 $542,500.00 $4,242,500.00 $542,500.00 $8,485,000.00 $1,085,000.00 Packet Pg. 94 8.M.1.a 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 5 of 5 III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Packet Pg. 95 8.M.1.b RESOLUTION NO. 15-xxx A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENTAL No. 2 (#236897-1-94-01) FOR PORT ENTRANCE IMPROVEMENTS AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Port Entrance Improvements (#236897-1-94-01). 2. The Board should authorize and approve execution of the Joint Participation Agreement Supplemental No. 2 with the Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Joint Participation Agreement Supplemental No. 2 with the Florida Department of Transportation (#236897-1-94-01) to provide funding for Port Entrance Improvements. 2. The Board hereby authorizes and Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Packet Pg. 96 8.M.1.b After motion and second, the vote on Resolution 15-xxx was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED this 3rd day of February, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 97 8.M.2 ITEM NO. RES-2015-7 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Don West, Public Works Director Public Works DATE: 02/03/2015 *CONSENT AGENDA\PUBLIC WORKS Budget Resolution for Supplemental No. 2 to Joint Participation Agreement with FDOT - New Port Entrance - 2nd Street The attached Budget Resolution establishes additional funding for the Improvements to the Port Entrance 2nd Street project. The County has received additional funding in the amount of $542,500 through Supplemental No. 2 to Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). There is an additional County cost of $542,500 or 50%, from Port Development Project Reserves for a total project cost estimated at $1,085,000. In March 2012 the Board approved a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) in the amount of $2,400,000 for land acquisition and design modifications. This additional $1,085,000 in funding will be used to implement construction of the 2nd Street and the Port Entrance projects. PREVIOUS ACTION: March 20, 2012 - Board approved JPA with FDOT in the amount of $1,200,000 for Improvements to the Port Entrance 2nd Street October 23, 2012 - Board approved Supplemental No. 1 to JPA with FDOT in the amount of $2,500,000 for Improvements to the Port Entrance 2nd Street May 7, 2013 - Board approval of Budget Resolution establish funds for Supplemental No. 1 to JPA with FDOT in the amount of $2,500,000 for Improvements to the Port Entrance 2nd Street FINANCIAL IMPACT: Matching funds are available in the Port Capital Budget Reserve Fund Account No. 140001-4315-563000- 4657; JPA funding will be available in 140376-4315-334411-46502. RECOMMENDATION: Packet Pg. 98 Staff recommends Board approval of Budget Resolution establishing the additional funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500 for Improvements to the Port Entrance 2nd Street project, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Heather Young, A55t. County Attorney 1/21/2015 Ho and Tipton, Count Administrate 1/26/2015 Updated: 1/23/2015 3:51 PM by Bob Bentkofsky Page 2 Packet Pg. 99 RESOLUTION 8.M.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Second Supplemental Joint Participation Agreement, in the amount of $542,500, as additional funding to the New Port Entrance (2"d Street) project in the Port of Fort Pierce. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of February, 2015, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as follows: REVENUE 140376-4315-334411-46502 FDOT-Transportation $542,500 APPROPRIATIONS 140376-4315-561000-46502 Land $542,500 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF FEBRUARY 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 100 ITEM NO. (ID # 2642) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization DATE: 02/03/2015 *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION SUBJECT: Federal Metropolitan Planning (PL) - Third Authorization of Funding BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from the Florida Department of Transportation for the third authorization of Federal Metropolitan Planning (PL) funds in the amount of $385,356. These funds were budgeted in the first year of the Unified Planning Work Program (UPWP) for FY 2014/2015. PREVIOUS ACTION: July 15, 2014 - BOCC approval of the first authorization of PL funds in the amount of $195,543. September 2, 2014 - BOCC approval of the second authorization of PL funds in the amount of $86,691. FINANCIAL IMPACT: Since these Grant funds were anticipated in FY15, funding is currently appropriated in the FY 15 adopted budget. Matching funds are not required. Funds are available in the TPO Metropolitan Planning (PL) grant fund (001560-1540-331130-100). RECOMMENDATION: Staff recommends Board approval of Federal Metropolitan Planning (PL) funds third authorization in the amount of $385,356 on behalf of the St. Lucie TPO. COMMISSION ACTION: Packet Pg. 101 Coordination/Signatures _J anie 5. McIntyre, Cy 1/26/2015 Updated: 1/23/2015 3:40 PM by Bob Bentkofsky Page 2 Packet Pg. 102 8.Q.a F D Florida Department of Transportation RICK SCOW 3400 West Commercial Boulevard ANANTH PRASAD, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY November 10, 2014 The Honorable Frattnic Hutchinson, Chairperson St. Lucie Transportation Planning Organization Coco Vista Centre 466 SW Port St. Lucie Blvd, Suite 111 Port St. Lucie 34953 SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2014/2015 Unified Planning Work Program (C1PWP) FM No. 423604-2-14-01; Contract No. A5115; F.A. Program No. PL-0311(52) Dear Commissioner Hutchinson: The St. Lucie TPO is authorized to expend $385,356 of Federal Metropolitan Planning (PL) funds for its UPWP from July 1, 2014 through June 30, 2015. This is the third authorization of PL funds budgeted for the 2014/2015 Fiscal. Year of the UPWP. This authorization is subject to. ■ Provision of the required thatching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks • Provision of all required documentation with requisitions. Please contact Darci Mayer at 954-777-4491 if you have questions or need additional information. Sincerely, O Gerry O'ReilIy, P.B. Director of Transportation Development District Four GO/dm cc: Peter Buchwald, St. Lucie TPO Stacie Blizzard, FHWA Yvonne Arens, FDOT Central Office Lee Calhoun, FDOT Central Office Antonette Adams, FDOT District Four Nikye Joseph, FDOT District Four Stacy L_ Miller, FDOT District Four Amie Goddeau, FDOT District Four Steve Braun, FDOT District Four Lisa Maack, FDOT District Four Arlene Tanis, FDOT District Four www.dot.state.fl.us Packet Pg. 103 ITEM NO. (ID # 2655) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 02/03/2015 *REGULAR AGENDA\COUNTY ATTORNEY McCarty Ranch Annexation - First Amendment to Settlement Agreement On October 7, 2014, the Board approved a proposed Settlement Agreement with the City of Port St. Lucie pertaining to the McCarty Ranch Annexation. A copy of the October 7, 2014 agenda item with background information is attached to this memorandum. After the Settlement Agreement was approved by the County and the City, Southern Fruit Groves LLLP and Mabel Groves, LLLP ("Southern and Mabel Groves") filed suit against the City challenging the City's approval of the Settlement Agreement. Southern and Mable Grove proposed to amend Paragraph 4.1.1 of Article 4 of the Settlement Agreement to clarify that the seven (7) year period where the City does not increase the density only applies to property acquired by the City (not property owned by Southern and Mabel Groves). In addition to this clarification, the City is proposing to amend Paragraph 2 of the Settlement Agreement to provide a process for the County's lawsuit to be dismissed in the event the Court determines not to approve the Settlement Agreement. County staff does not object to either of the proposed clarifications. PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the First Amendment to the Settlement Agreement and authorize the Chair to sign the First Amendment. COMMISSION ACTION: Packet Pg. 104 Coordination/Signatures _J anie 5. McIntyre, Cy 2/Z/2015 updated: 2/3/2015 8:49 AM by Stephanie Bush Page 2 Packet Pg. 105 10.A.a IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA ST. LUCIE COUNTY, a political APPELLATE DIVISION subdivision of the State of Florida and ST. CASE NO.: 562013AP000029 LUCIE COUNTY WATER AND SEWER DISTRICT, a Chapter 153, Part II, Florida City of Port St. Lucie Statutes, Utility District, Ordinance No.: 13-16 Petitioners, VS. CITY OF PORT ST. LUCIE, a Florida municipal corporation Respondent, FIRST AMENDMENT TO THE SETTLEMENT AGREEMENT THIS FIRST AMENDMENT TO THE SETTLEMENT AGREEMENT ("Amendment") by and between the Petitioners, ST. LUCIE COUNTY ("County") and ST. LUCIE COUNTY WATER AND SEWER DISTRICT ("County Utility District") (collectively, "Petitioners"), and the Respondent, CITY OF PORT ST. LUCIE, a Florida municipal corporation ("City"), shall be effective the date the last party signs this Agreement. RECITALS WHEREAS, the respective governing bodies for the Parties duly passed and approved in October 2014 a Settlement Agreement resolving the above -styled annexation dispute; and WHEREAS, on or about November 12, 2014, Southern Fruit Groves, LLLP and Mabel Groves, LLLP, Florida limited liability partnerships (hereinafter referred to as "Southern and Packet Pg. 106 10.A.a Mabel Groves"), filed a Petition for Writ of Certiorari in the Appellate Division of the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Case Number 562014AP000035, seeking to challenge the City's adoption of City Resolutions 14-R151 and 14- R155, which concerned the City's approval of the Settlement Agreement that resolved the dispute between the Parties hereto; and WHEREAS, Southern and Mabel Groves, in their action against the City, seek to challenge and quash the City's Resolutions authorizing approval of the subject Settlement Agreement by asserting in their Petition for Writ of Certiorari that the Settlement Agreement impacts their property that is adjacent to the McCarty Ranch Property that was annexed into the City; and WHEREAS, the County, the County Utility District and the City, desire to amend and clarify the intent of certain provisions of the Settlement Agreement, which will not only resolve the concerns and objections to the Settlement Agreement raised by Southern and Mabel Groves, but will also further avoid the uncertainties, burdens, inconveniences and further expenses associated with litigation. WITNESSETH NOW THEREFORE, in consideration of the mutual promises, obligations, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. The above stated recitals are true and correct and are incorporated herein by reference. 2. Approval by Court of Settlement Agreement. Paragraph 2 of the Settlement Agreement is hereby replaced, revised and superseded in its entirety with the following: Page 2 of 6 Packet Pg. 107 10.A.a The Parties hereto shall undertake a joint effort to seek the Court's approval and adoption of the Settlement Agreement and this Amendment so said documents may be construed as enforceable agreements between the County, the County Utility District and the City. In the event the Court for the Appellate Division of the Circuit Court does not enter an order approving the Settlement and this Amendment and/or does not transfer the case to the general jurisdiction of the Civil Division of the Circuit Court, the County, County Utility District, and the City agree that a Stipulation for Dismissal of Cause with Prejudice, requesting that the Court enter an Order of Final Judgment of Dismissal with Prejudice, shall nevertheless be filed with the Court for the purpose of consummating the Settlement Agreement and this Amendment. The County and County Utility District shall ensure that this lawsuit against the City challenging the annexation of the McCarty Ranch Property, which has been held by this Court in abeyance until the conclusion of the Chapter 164, Florida Statutes, conflict resolution procedures, is dismissed with prejudice, or in the alternative, withdrawn should the Court fail to enter an order dismissing the lawsuit. 3. Amendment to the Joint Planniniz Agreement. Paragraph 4 of the Settlement Agreement is hereby replaced, revised and superseded in its entirety with the following: The County and the City entered into a Joint Planning Agreement ("JPA"), dated March 13, 2007, which addresses land use issues and actions relating to the growth and development of their respective jurisdictions and which may affect or impact the parties to that agreement. The County and City hereby agree to enter into and execute an Amendment to the JPA that will serve to replace, revise and superseded Paragraph 4.1.1 of Article 4 in its entirety with the following 4.1.1. The City has, to date, never involuntarily annexed any property into the City nor does it have any plans or intentions to do so in the future. However, from time to time the City may receive petitions for voluntary annexation of property. In the event the City receives a petition for voluntary annexation, the City agrees to provide the County Administrator and the County Attorney notice of the petition within thirty (30) days of receipt thereof. The County agrees to provide any written Page 3 of 6 Packet Pg. 108 10.A.a comments it may have on the proposed annexation to the City Manager and City Attorney at least ten (10) days prior to the first reading of the annexation ordinance. Any comments submitted for consideration will be made a part of the record prior to final approval of the annexation. In the event the County has objections to a proposed annexation, City staff and County staff shall meet within ten (10) days of the City's receipt of the written comments to discuss and consider the same. For the property acquired by the City west of Range Line Road, the City will not increase the density or intensity of any land use designation or zoning over that which applied to the subject property under the County's comprehensive land use plan and zoning for a period of seven (7) years following approval of the petition for annexation into the City of Port St. Lucie, except where used for providing utility services by an existing utility. 4. It is understood and agreed upon by the Parties hereto that the terms of the original Settlement Agreement entered into and executed by the County, County Utility District and the City, except as modified and amended by the terms of this First Amendment, shall remain unchanged, valid, enforceable and in full force and effect. The terms, conditions, obligations, and provisions of the Settlement Agreement that are not otherwise changed by this First Amendment, are hereby ratified, approved and confirmed by the County, County Utility District and the City as of the effective date of this First Amendment. IN WITNESS WHEREOF, the County, County Utility District and the City, each acting under due and proper authority, have caused this First Amendment to the Settlement Agreement to be executed pursuant to authorization by their respective governing legislative bodies, and on behalf of their successors and assigns, effective on the date the last party signs this First Amendment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4 of 6 Packet Pg. 109 10.A.a ACCEPTANCE BY THE COUNTY: ATTEST: Deputy Clerk Date: ST. LUCIE COUNTY, a political subdivision of the State of Florida mm Chair Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Date: ACCEPTANCE BY THE COUNTY UTILITY DISTRICT: ATTEST: Deputy Clerk Date: ST. LUCIE COUNTY WATER AND SEWER DISTRICT, a Chapter 153, Part II, Florida Statutes, Utility District BY: Chair Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Date: Page 5 of 6 Packet Pg. 110 10.A.a ACCEPTANCE BY THE CITY: ATTEST: City Clerk Date: CITY OF PORT ST. LUCIE, a Florida municipal corporation Gregory J. Oravec, Mayor Date: APPROVED AS TO FORM AND CORRECTNESS: Pam E. Booker, City Attorney Date: Page 6 of 6 Packet Pg. 111