Loading...
HomeMy WebLinkAboutAgenda Packet 05.19.2015T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, May 19, 2015 9:00 AM 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 511812015 4:50 PM Regular Meeting Tuesday, May 19, 2015 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, May 19, 2015 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, May 05, 2015 V. PUBLIC COMMENT (excluding Public Hearing items) VI. PROCLAMATIONS APPROVAL 1. Resolution - Proclaiming the month of May 2015 as "Mental Health Awareness Month" in St. Lucie County, Florida. 2. Resolution - Adoption of a resolution proclaiming the month of May, 2015 as "Civility Month" in St. Lucie County, Florida. 3. Resolution - Adoption of a resolution proclaiming the month of May 2015 as "American Stroke Month" in St. Lucie County, Florida. 4. Resolution - Adoption of a resolution designating the week of May 16-22, 2015 as "National Safe Boating Week" in St. Lucie County, Florida. VII. PRESENTATIONS Transit Ridership Update - Beth Ryder, Community Services Director Vill. CONSENT AGENDA A. WARRANTS Warrants List No. 32 - BOCC B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 3 1 P a g e Regular Meeting Tuesday, May 19, 2015 9:00 AM 1. Revocable License Agreement - Port St. Lucie Realty Group, LLC - Water and Sewer connections on Prima Vista Boulevard and Camino Street Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct St. Lucie Realty Group, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 2. Resolution - A resolution in support of the South Florida Water Management District's application to Florida Department of Environmental Protection requesting authorization for interim operations of the Ten Mile Creek Water Preserve Area (WPA) Critical Project this upcoming wet season as a modification to the existing Comprehensive Everglades Restoration Plan Regulation Act (CERPRA) Permit File No. 0192879-016 Staff recommends that the Board adopt the attached resolution as drafted by the County Attorney. 3. Resolution - Traffic Signal Maintenance and Compensation Joint Participation Agreement with FDOT, Phase 2 Staff recommends Board approval of Phase 2 of the Traffic Signal Maintenance and Compensation Joint Participation Agreement and Resolution and authorization for the Chair to sign the documents as approved by the County Attorney. 4. Revised First Amendment to Interlocal Agreement - Guardian Ad Litem Funding Staff recommends that the Board approve the revised First Amendment and authorize the Chair to sign the First Amendment. 5. Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the unsafe structure at 199 Tumblin Kling Road, Fort Pierce, FL Pursuant to the provisions of Article VII of Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that this Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and unsanitary for use and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 199 Tumblin Kling Road in Fort Pierce, Florida. 6. Veterans Nursing Home - Culpepper & Terpening, Inc. Work Authorization #55 Add -On Staff recommends Board approval of the Sixth Amendment to Work Authorization #55 in the amount of $1,640 and authorization for the Chair to execute documents as approved by the County Attorney. D. COMMUNITY SERVICES 4 1 P a g E Regular Meeting Tuesday, May 19, 2015 9:00 AM Award of Bid 15-039, Purchase of Bus Shelters Staff recommends Board approval to award Bid 15-039 and enter into a contract with Brasco International, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. OFFICE OF MANAGEMENT & BUDGET 1. Award of RFP No. 15-022 - Yard Waste Processing & Recycling Services Staff recommends Board permission to: 1. Rescind award to Russell Payne, Inc and conduct contract negotiations with Treecycle Land Clearing, Inc; 2. If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney: 3. If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the next highest ranked firm. 2. GovMax contract amendment Staff recommends that the Board approve an amendment to the contract to accept the fee adjustment for the second, third and any subsequent annual payments for use of the GovMax system. 3. Request for Qualifications (RFQ) No. 15-032, Professional Engineering Services for the Design, Permitting and Engineering Services for Class I Phase IV A Cell Board approval of sole proposal received from CDM Smith for Professional Engineering Services for the design, permitting and engineering services for the Class I Phase IV A 5 1 P a g e Regular Meeting Tuesday, May 19, 2015 9:00 AM Cell and permission to: 1. Conduct contract negotiations with CDM Smith; 2. If negotiations are successful, award contract and authorization for the Chair to sign the documents as prepared by the County Attorney. 4. Request of Proposal (RFP) No. 15-019, Land Management System Board approval of the short-listed firms for Land Management Systems and permission to: 1. Conduct oral presentations and/or demonstrations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, staff shall present a draft contract to the Board for review and approval. J. PARKS, RECREATION & FACILITIES WPSL Christmas Kids of SLC Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,600 to be utilized to provide American Red Cross Water Safety Lessons at Lincoln Park Pool as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. K. PLANNING & DEVELOPMENT SERVICES Proposed Airport Property Lease Amendment - Phoenix Metal Products, Inc. Staff recommends that the Board of County Commissioners approved the proposed Fifth Amendment to the January 13, 1998 lease amendment with Phoenix Metal Products Inc., and authorize the Chair to sign the Fifth Amendment. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Resolution - Jenkins Park/Starcher MSBU Budget Resolution Staff recommends Board adoption of the attached resolution establishing a budget for the Jenkins Park/Starcher MSBU. N. SHERIFF'S OFFICE 6 1 P a g e Regular Meeting Tuesday, May 19, 2015 9:00 AM There are no items scheduled. O. SOLID WASTE Equipment Purchase Staff recommends Board approval for the purchase of the specified heavy equipment for use at the baling, construction & demolition (C&D) debris, and single stream recycling facilities. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 1. Resolution - Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (Water and Sewer District) Staff recommends Board approval to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District. 2. Resolution - Amending Certain Rates, Fees and Charges for the SLC South Hutchinson Island District Wastewater Utility Staff recommends Board approval to amend certain rates, fees and charges for the SLC South Hutchinson Island District Wastewater Utility. 3. Resolution - Revised Uniform Extension Policy Staff recommends Board adoption of Resolution for the revision of Uniform Extension Policy within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibit. IX. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Proposed Amendments to Alarm Ordinance Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 2015-5 as drafted. 7 1 P a g e Regular Meeting Tuesday, May 19, 2015 9:00 AM 2. Ordinance - Expert Shutter Services, Inc. - Economic Development Ad Valorem Tax Exemption Ordinance Staff recommends the Board approve the draft ordinance and authorize the Chair to sign the ordinance. X. REGULAR AGENDA A. COUNTY ATTORNEY 1. Reauthorizing the Levy of the Ninth Cent Gas Tax - Permission to Advertise Staff recommends that the Board grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 6:00 p.m.. 2. Reauthorizing the Levy for the Local Option Fuel Tax - Permission to Advertise Staff recommends that the Board grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 6:00 p.m.. 3. Resolution - Capital Improvement Revenue Bonds, Series 2015 Staff recommends that the Board approve the Bond Resolution and Loan Agreement and authorize the Chair to sign the Resolution and Loan Agreement as reviewed and approved by the County Attorney and the County's Bond Counsel. 4. Interlocal Agreement - Local Option Gas Tax - Fort Pierce, Port St. Lucie and St. Lucie Village (Additional backup has been added to this item) Staff recommends that the Board approve the interlocal agreement and authorize the Chair to sign the Agreement. XI. ANNOUNCEMENTS County offices will be closed Monday, May 25, 2015 in observance of Memorial Day. XII. MOTION TO ADJOURN 8 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 May 5, 2015 Convened: 6:00 PM Adjourned: 8:42 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis Attendee Name Title District No. 3, Chair District No. 5, Vice -Chair District No. 1 Arrived Paula A. Lewis Present 6:00 PM Kim Johnson Present 6:00 PM Chris Dzadovsky Present Present 6:00 PM 6:00 PM Frannie Hutchinson District No. 4 Tod Mowery District No. 2 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Robert G. Adolphe PE Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Asheley Hepburn Director, Office of Management & Budget Present 6:00 PM Leslie Olson Planning Manager Present 6:00 PM Ron Roberts Solid Waste Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM W F- Z 9 LL O J O W a a a Generated 511212015 10:44 AM Packet Pg. 9 Regular Meeting Tuesday, May 5, 2015 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES These items were voted on concurrently. 1. Board of County Commissioners minutes for the meeting of Tuesday, March 31, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Board of County Commissioners minutes for the meeting of Tuesday, April 21, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery V. PUBLIC COMMENT (excluding Public Hearing items) The following members of the public spoke out against All Aboard Florida (AAF) confirming their desire to have the county fund the Legal Defense Fund and asking the County to find a way to make residents more aware of the detrimental effects of AAF to the entire Treasure Coast. Richard Neil, Town Attorney for St. Lucie Village, FL Ingrid Van Hekken, 304 Anchor Way, St. Lucie Village, FL Phillip McAdam, Jensen Beach, FL - Provided Handout Jane DuBran, Fort Pierce, FL Gail Ryan, Retired School Teacher from Chicago Pat Weiner, St. Lucie Village, FL Representative Larry Lee Jr. - 7936 Saddlebrook Drive, Port St. Lucie, FL John Arena, Fort Pierce, FL - Spoke on the how mega yacht ports do maintenance in indoor facilities with state of the art filtering systems which contain paint and powder debris that has been sanded off the hulls of ships. He talked about past times when he did commercial clamming and raked up a large clam plated with shiny metal. He stated he wondered if the shiny metal was part of treasure but after a few days it tarnished, indicating it was possibly from old bottom paint removed from boats used to help keep marine organisms from growing on boats. He spoke about the need to have the contaminated muck on the bottom of the Lagoon shaved off with modern pneumatic dredging equipment, the same type used to remove PCB's off the bottom of the Hudson River. Using the Indian River Lagoon as a hazardous waste site is no longer an option. in w E- z 2 LL O J a O W IL IL Q 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, May 5, 2015 6:00 PM He stated the Port land being considered as a oversized cargo port was originally lagoon and was filled in some 80 years ago and therefore comes under strict environmental regulations to protect sea and wild life in general. VI. PROCLAMATIONS APPROVAL 1. Resolution - Adoption of a resolution proclaiming the week of May 10-16, 2015 as "Law Enforcement Week" and designating May 15, 2015 as "Law Enforcement Memorial Day" in St. Lucie County, Florida. Commissioner Lewis presented Chief Garry Wilson, Majors David Thompson and Jerry Rothman, Captains Doug Hardie, Mark Schimpf and Charlie Scavuzzo with the Proclamation. Chief Wilson thanked the Board on behalf of Sheriff Mascara stating it was an honor and speaking about the dangers law enforcement professionals deal with on a daily basis. He spoke of the loss of several law enforcement officers around the county as well as locally noting how important the County and community's support is to them as they do their job. He announced the upcoming Law Enforcement Memorial on May 14, 2015 at 7:00p.m. at St. Bernadette Catholic Church, 350 N.W. California Blvd., Port St. Lucie, FL. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Resolution - Adoption of a resolution proclaiming the week of May 3-9, 2015 as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida. Commissioner Lewis presented Chief Garry Wilson, Major Pat Tighe, Captain Bill Lawhorn, and Chaplain Dave Thompson with the Proclamation. Chief Wilson spoke on the importance of the Correctional Officers and the task they have dealing with those in the community who have committed crimes in St. Lucie County. He noted the St. Lucie County Jail is the number one provider of mental health services in St. Lucie County because they have found that many of the people they have come in contact with have mental health, substance abuse issues and staff at the jail is tasked with making sure those people are treated safely properly while being held in custody are properly cared for until their day in court. Commissioner Lewis thanked all in attendance for all they do for all the St. Lucie Residents RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Resolution - Adoption of a resolution proclaiming May 2-10, 2015 as "Travel and Tourism Week" in St. Lucie County, Florida. Commissioner Lewis presented Manager of Tourism & Venues Charlotte Bierly with the proclamation. Ms. Bierly provided information on the present years rising tourism statistics in w E- z 2 U_ 0 J a 0 o: a a Q 3 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, May 5, 2015 6:00 PM noting none of it would have been possible without he collaboration and support of the Tourist Development Council, Chamber of Commerce's Tourism Committee, City's of Fort Pierce and Port St. Lucie as well as their partnership with the Hotel and Lodging Association. She thanked the Board for their support and talked about an upcoming Tourism Showcase event on Wednesday, May 27th at the Fenn Center, 5:30-7:30; calling it a "tourist information center on steroids" because all of the tourism venues will be represented in one location for the public to access. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Resolution naming two new baseball fields at John B. Parks Regional Sports Complex as the Vincent Carlesi, Sr. Baseball Field and the Vincent Pica Baseball Field to honor both gentleman's efforts to bring Florida Coast Spring Training Baseball (Vinny Ball) and major economic impact to St. Lucie County, Florida Commissioner Lewis presented Vinny Carlesi with the proclamation. Mr. Carlesi accepted the proclamation and thanked the Board for their support and for naming the fields after the two gentlemen. The men have spent their entire careers building a business which has helped St. Lucie County bring many people to the area and has had a positive impact economically for the area. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 5. Resolution - Proclaiming May 7, 2015 as "National Children's Mental Health Awareness Day" in St. Lucie County, Florida. Commissioner Lewis presented New Horizons President/CEO John Romano with the proclamation. Mr. Romano thanked the Board for their continued support of the program and provided background information and statistics on mental health client numbers in the County. He spoke on the desperate need for funding of mental health services and asked that the representatives continue to push for funding from Tallahassee to help receive additional funding for those in need. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, Tod Mowery SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 6. Resolution - Adoption of a resolution proclaiming the month of May 2015 as "Community Action Agency Month" in St. Lucie County, Florida. Commissioner Lewis presented Florida Association of Community Action Agencies/Treasure Coast Community Action Chair Barbara Mason Gardiner, Vice Chair Treasure Coast Community w 0 z 2 U_ O J a O a a a 4 1 Packet Pg. 12 Regular Meeting Tuesday, May 5, 2015 6:00 PM Action Barbara Felton and Chief Probation Officer of the Department of Juvenile Justice/Treasure Coast Community Action Wydee'a Wilson with the proclamation. Ms. Mason Gardiner spoke on the details of the program while emphasizing the program goal of being a "Hand Up, not a Hand Out." She listed the benefits and funding sources along with providing a presentation which outlined statistics and specific programs currently operating within the county. She introduced Wydee'a Wilson, Member of the Roundtable and Chair of the Economic Sufficient Network who announced a Public Forum the Roundtable is hosting to help St. Lucie County leaders and residents learn about the causes of poverty and identify potential solutions. The 2015 Poverty Forum is being held at Indian River State College Wednesday, May 6, 2015, 8:30-12:00pm at the Kight Center, V-110 in Fort Pierce. She explained the it's breakout sessions and it's ultimate goal while encouraging members of the public to attend. Commissioner Dzadovsky talked about the "Bridges to Prosperity" program and how the programs are teaching the people how move to the next level and asked Ms. Wilson to explain the process participants go through as they work through the program. Ms. Wilson explained the two Best Practice Initiatives: 1.) Bridges Out of Poverty - which brings together all people from different sectors including different economic classes and together they work on how to improve and support those who are moving out of poverty; 2.) Getting Ahead in a Just Getting By World - which is a 57 hour, 19 session class each individual has to attend. The individuals are called "investigators" and they investigate the causes of poverty from an individual, agency and community perspective. They investigate their situation with a goal toward building resources for a more prosperous life for themselves, their families and their communities. The expectation is for the investigators to finish the 57 hour course, build their resources and social capital and come out successful. Ms. Mason Gardner recognized Ms. Felton, Board Chair appointee to the Treasure Coast Community Action Committee for her work and asked her to share a few words. Ms. Felton thanked the Board for their continued support noting the Committee could not do what they do for the citizens and families in the communities without their support or the support of the Board and staff of the Community Services Department. She commended staff for their diligence in tracking the funding received and partnering with other agencies to assist the citizens. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery Announcement: Staff Donation of Pet Supplies to Humane Society Commissioner Lewis took a moment to explain the display of pet food and items in from of the dais noting the County had chosen to sponsor a pet food drive for the Humane Society. Employees who chose to participate donated items to the cause and were granted permission to wear jeans on Wednesday for the month of April. w z 2 U_ 0 J Q 0 a a a 5 1 P a g E Packet Pg. 13 Regular Meeting Tuesday, May 5, 2015 6:00 PM VII. PRESENTATIONS 1. United Way Campaign - Howard Tipton, County Administrator County Administrator provided background information on the United Way Campaign noting he had been involved in United Way campaigns for more than two decades. He discussed his appointment of the Solid Waste Manager as the Chair of the 2015 Campaign and their goals for the ensuing year. He announced the final total for workplace giving campaign as over $30,000 and talked about the first United Way Golf Tournament called "Dickerson Ultimate Drive" in honor of the county's title sponsor. That tournament raised $24,000. A "big check" in the amount of $54,373 was presented to United Way CEO Karen Knapp, Building and Code and Campaign Chair Horace Webb. Ms. Knapp thanked the County Administrator, employees and staff for their hard work and support. Mr. Webb also thanked the County Administrator for leading the campaign noting many of the agencies represented in the meeting today are supported by United Way showing the money raised by the employees comes back into the community in various ways. He thanked all for their assistance and encouraged them to continue supporting United Way in the future. Commissioner Mowery remarked that he was excited about going from $5,000 to over $50,000 in one year. He thanked the County Administrator for leading the effort. 2. SLCTV Comcast Update - Shane De Witt, Technical Operations Manager Technical Operations Manager provided a brief presentation which included a clip from the first SLCTV broadcast BOCC Meeting on January 7, 2003 to highlight the differences. In the ensuing 12 years much has changed; SLCTV is now on AT&T U-Verse channel 99 across the entire Treasure Coast, Internet, YouTube, Twitter, Facebook and now is moving to Comcast channel 28 as of May 6, 2015, making SLCTV live throughout St. Lucie County. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrant List Numbers 28, 29 & 30 B. ADMINISTRATION i» w E- z U_ 0 J a 0 o: a a Q 6 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, May 5, 2015 6:00 PM C. 9 E F. 1. Resolution Authorizing Submittal of a USDA Rural Business Development Grant by the Treasure Coast Education, Research and Development Authority 2. Resolution Approving a USDA Grant Agreement Related to a Proposed Biofuels Feedstock Feasibility Study 3. Commissioner Hutchinson's Appointment to the Historical Commission COUNTY ATTORNEY 1. Resolution - Re -naming the St. Lucie County International Airport as the "Treasure Coast LU International Airport and Business Park" in St. Lucie County, Florida z 2. Revocable License Agreement - Florida City Gas - 210 SE Camino Street - River Park 2 U_ O 3. Surplus Property - Quit Claim Deed from Ronald W. Wampler to St. Lucie County - Q County Deed to the City of Fort Pierce - Parcel ID 2404-514-0029-000-3 0 o: COMMUNITY SERVICES a Q 1. Florida Hardest Hit Fund Principal Reduction (HHF-PR) Program - First Contract a Amendment c LO 2. Neighborhood Stabilization Program 3 (NSP 3) Invitation to Bid (ITB) No. 2015-3 0 N COURT ADMINISTRATION `" There are no items scheduled. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. 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 7 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, May 5, 2015 6:00 PM 1. Waiver of Calvin R. Triplett Field Facility Rental Fees - Saint James Christian Academy End -of -School -Year Field Day 2. Award Bid No. 15-028 Mosquito Control Roof Replacement 3. Award Bid No. 15-029 Roof Replacement for Walton Road Annex Building K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS There are no items scheduled. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. Resolution - North County District Annual Report IX. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES A resolution of the St. Lucie County Board of County Commissioners granting Compost USA of the Treasure Coast, LLC conditional use permit approval for the establishment of a biosolids composting facility for property located on Shinn Road in St. Lucie County, Florida. Interim Director of Planning & Development Services provided background information in w z 2 U- 0 J a 0 o: a IL Q 8 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, May 5, 2015 6:00 PM and a summary of the conditional use permit resolution. Staff identified additional data required from the applicant pertaining to air- and water -quality issues. As a result, the applicant requested an additional continuance to August 4, 2015 in order to gather and submit the data, and allow for the County to perform necessary analyses of the data. Staff supported the continuance request. Staff recommended the Board continue the public hearing for the Compost USA of the Treasure Coast, Inc. Conditional Use Permit for a Biosolids Composting Facility to August 4, 2015, at 6 PM or as soon as possible thereafter. Commissioner Dzadovsky noted the EPA 503 Rules can either be more stringent or have less regulations and he feels they will be important in considering the permit application. The Rule deals specifically with Biosolids but will not be available until October. He feels it would be more prudent to consider the project once all the information is available to the public. Without this vital information the Board will not have all the facts and may have to delay or reconvene over the subject which would cause undue inconvenience to interested community members by requiring them to attend multiple meetings or miss important meetings due to continuances while members are out of town for the summer months. He asked staff when a good date to delay the meeting in order to allow for consideration of the release of the EPA 503 Rules. Ms. Olson noted the best time would most likely be the first meeting in December since they do not know the exact date of release of the Rules, deadlines which need to be considered and allow time to review the Rule. Rick Melchiori with Becker Holdings on behalf of the Applicant spoke to the Board regarding the continuance request noting their biggest concern with waiting until the Rule is published is possible challenges which many times occur and lead into lawsuits and legal challenges, sometimes taking years to resolve. He stated they are going through the drafts and working with the publics consultants who had concerns and trying to address everything possible with them and looked at the changes to the Resolutions and trying to work with them. He stated as an agriculture company they don't want to do anything that is going to harm the agriculture community around them so they are working with them as best they can. His biggest concern is that it is dragging out over and over and he would rather get started and if issues come up they can come back and deal with them at that time. Commissioner Dzadovsky stated his concerns about previous Biosolids approvals which were later found to be harmful. He does not wish to be found in that same situation. Mr. Melchiori stated they could not do anything that would violate EPA rules and however/whenever those change they be required to change accordingly. Commissioner Dzadovsky stated he does not want the Board to be at a disadvantage by F w z 2 LL 0 J Q 0 W a a a 9 1 P a g e Packet Pg. 17 Regular Meeting Tuesday, May 5, 2015 6:00 PM not having the information they need to make a proper decision either for or against the project. So he asked the Applicant as a good community partner, to do the project right and do it properly. Instead of stringing the community along from continuance to continuance they need to have all the information available to us to make a proper decision. Mr. Melchiori stated if the decision is continue until December, they will accept that. Commissioner Johnson agreed with Commissioner Dzadovsky's comments regarding having all the information before making any decisions on the project. Stating they make an educated decision and do what is in the best interest of the community. LU z Commissioner Hutchinson stated she is glad for the delay but requested they take into 2 consideration the December night meeting when the 4-H'ers are in attendance and not o schedule this meeting at the same time as there would not be enough space in a Chambers to accommodate all the attendees. a Additional discussion on the length of time needed to review the Rule and deadlines for Q the Agenda were reviewed. Commissioner Hutchinson suggested they call a special meeting specifically for the Compost USA item in December so they can focus solely on this project and the public can attend. There were no objections to calling a Special Meeting and County Administrator suggested they set the date for Thursday, December 3, 2015 at 6:00 PM. Chairman Lewis asked County Attorney if a motion to set the Special Meeting date as mentioned was needed. County Attorney confirmed a motion would be necessary to set the meeting date. He stated it appears the majority of the Board is interested in continuing the Item to a specially set meeting Thursday, December 3, 2015 at 6:00 PM or as soon thereafter as the item may be heard. Noting the meeting had been opened to the Public Hearing but given the length of time before the item will be addressed, the Board would prefer all members of the audience who will be in attendance at the December meeting hold their comments until that time. The comments will be more timely, appropriate and have more impact if held until that date. If you know for sure you will not be able to attend the Board will allow those comments at this time. Commissioner Lewis asked for Public Comments based on those conditions. PUBLIC COMMENT: The following members of the public spoke out against the Compost USA Project: 101 Packet Pg. 18 Regular Meeting Tuesday, May 5, 2015 6:00 PM X. Antwone Pablocheck, PGA Village, FL Pamela Hammer, 7672 Charleston Way, PGA Village, FL Douglas Loge, Private HOA 2 Miles West of the Planned Community -Mr. Loge asked how a person could submit scientific evidence against the project to the Board. Commissioner Dzadovsky explained he could bring it with him when he spoke and submit it to the Clerk who would then distribute it to the Board. Mike Monahan, farmer from the "Wesley" End of County Dennis Bonchek, Heritage Oaks Board of Directors Member in Tradition Gail Ryan, Retired School Teacher Sandra Griffin, Short Chip Circle, PGA Village, FL Charles Allbee, PGA Village, FL James Cunningham, PGA Village, FL Commissioner Dzadovsky responded to the public's comments which asked the Board to tell the Applicant to "go away" by stating the Board is bound by law to hear the application and go through the process accordingly. He asked the County Attorney to review that process for the benefit of the public. County Attorney provided the background information on the rules/process/codes which must be adhered to and allow for fair process to all who wish to apply. He also confirmed the meeting which will be held on December 3rd will be a quasi-judicial meeting with full disclosures. It was moved by Commissioner Hutchinson, seconded by Commissioner Dzadovsky, to continue the Public Hearing on the Compost USA of the Treasure Coast, LLC Condition Use Permit Approval to the Special Meeting on Thursday, December 3, 2015 at 6:00 PM or soon thereafter per the discussion held, and; upon roll call, motion carried unanimously. RESULT: CONTINUED Next: 12/3/2015 6:00 PM REGULAR AGENDA A. SHERIFF'S OFFICE Authorization to submit an electronic application for the 2015 Bulletproof Vest Partnership (BVP) Grant County Administrator provided a brief overview of the item noting the grant does not appear to require additional matching funds. Staff recommended the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2015 Bulletproof Vest Partnership Grant (BVP) offered by the Department of Justice/Office of Justice Programs. in w z 2 U_ 0 J a 0 o: a IL Q 11 1 Packet Pg. 19 Regular Meeting Tuesday, May 5, 2015 6:00 PM B. 14 RESULT: APPROVE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery OFFICE OF MANAGEMENT & BUDGET Creation of the All Aboard Legal Defense Fund County Administrator provided background information on the item noting the funds will be segregated as mentioned earlier specifically for the purposes of a legal defense fund for All Aboard Florida (AAF). Any expenditures of the funds will be made via a request to the Board, in advance, by the County Attorney so the legal strategies and the anticipated costs will be known as the County moves forward. Staff recommended the Board approve Budget Amendment BA15-010, approving the transfer of $500,000 to establish funding for the legal fight against the entity commonly known as "All Aboard Florida". RESULT: APPROVE [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery ADMINISTRATION Resolution - Sunshine Kitchen EDA Grant Acceptance TCERDA Director suggested the deferral of the EDA Grant acceptance due to the pending award of State funding of the project. Commissioner Lewis stated it was her understanding staff was expecting grant funding from the Legislature which has been delayed until at least June so it could be sometime before they have the answer as to whether or not those funds will be awarded or not. Commissioner Dzadovsky asked how the Board would move the project forward at this point then based on those facts. County Administrator stated since it is unclear when the Legislature and the Governor would complete it's processes it is necessary to leave the continuation date open. When those items are concluded staff will bring it back at the next regularly scheduled meeting. TCERDA Director commented that he wanted to be clear if there is a deferral, at this point, there is risk of losing the EDA Grant funding, stating there is no certainty the EDA will approve an extension when requested. 6 w E- z U_ 0 J 0 o: a a Q 12 1 Packet Pg. 20 Regular Meeting Tuesday, May 5, 2015 6:00 PM County Attorney continued by stating the grant application states applicants have 30 days from the date you are notified to accept the grant. That 30 days will expire in a couple of days. If the Board does not approve the Resolution tonight, there is no guarantee the EDA will defer or extend it. Staff will ask, but there is just no way to know and the EDA may decline the request and it will not be possible for the County to receive the funds so even if we receive the funds from the State we would no longer have the opportunity to receive the EDA Grant. Discussion regarding the repercussions of accepting the funds and not receiving State funding were discussed and the actions which would be required were explored. The majority of the Board were against accepting the EDA Grant without the State Grant in LU place for several reasons; the County budget does not have the ability to supply the Z matching funds to cover the State's portion if the State does not choose to fund the 2 project, but the second option discussed - accepting the funds and returning them to 0 the EDA if State funding does not come through - could have far greater repercussions a as funding agencies typically do not look favorably upon applicants who return funds which have been awarded to them. It is far less likely that those applicants will be a funded in the future if they have returned funds to a grantor. The County does not wish a - to place itself in that type of position with the EDA so they chose not to accept the funds. Cl- The original recommendation by staff was Board acceptance of an $895,000 assistance agreement from the U.S. Economic Development Administration for construction of the Sunshine Kitchen Food Business Incubator at the Treasure Coast Research Park, approval of Resolution and authorization for the Chair to sign documents as approved by the County Attorney. After further discussion it was deemed necessary to instead have staff ask for an extension from the EDA as stated previously based on funding by the State. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson, to have TCERDA Director contact EDA on Wednesday and request and extension of the Grant extension contingent upon receipt of State funding per the discussion held, and; upon roll call, motion carried unanimously. 13 1 Packet Pg. 21 Regular Meeting Tuesday, May 5, 2015 6:00 PM RESULT: CONTINUED Next: 8/11/2015 9:00 AM XI. ANNOUNCEMENTS 1. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 9, 2015 from 8am-2pm. There will be plant vendors, horticulture merchants, plant fashion show, garden tours and Taste of the Tropics. The festival will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or visit http://stlucie.ifas.ufl.edu for additional information. 2. The Board of County Commissioners will hold an Informal meeting on May 12, 2015 at 9am in Conference Room #3. 3. The Board of County Commissioners will hold a Joint meeting with the City of Ft. Pierce regarding the Port of Fort Pierce on May 15, 2015 at 2pm in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 4. The Board of County Commissioners will hold a Regular Board meeting on May 19, 2015 at 9am in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 5. County Offices will be closed on May 25, 2015 in observance of Memorial Day. XII. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. i» w E- z 2 U- O J O a a Q 14 1 Packet Pg. 22 6.1 ITEM NO. RES-2015-78 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *PROCLAMATIONS APPROVAL Resolution - Proclaiming the month of May 2015 as "Mental Health Awareness Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of May 2015 as "Mental Health Awareness Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures ianWieyS. McIntyre, C my ttorney 4/8/2015 Packet Pg. 23 6.1.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF MAY 2015 AS "MENTAL HEALTH AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mental health is part of overall health and helps to sustain an individual's thought processes, relationships, productivity and ability to adapt to change or face adversity. 2. Mental illness adversely affects those abilities and often is life -threatening in nature. 3. One in four adults experiences mental health problems in any given year and such problems can contribute to an onset of mental illness. 4. One in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia. 5. Approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24. 6. Long delays,o-J'sometimes decades often occur between the time symptoms first appear and when individuals get help. Early identification and treatment can make a profound difference in successful management of mental illness and recovery. 7. It is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed. Every citizen and community can make a difference in helping end the silence and stigma that for too long have surrounded mental illness and discouraged people from getting help. 8. Public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of MAY 2015 as "MENTAL HEALTH AWARENESS MONTH" in St. Lucie County, Florida to increase public understanding of the importance of mental health and to promote identification and treatment of mental illness. PASSED AND DULY ADOPTED this 19TH day of May 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 24 s.2 ITEM NO. RES-2015-79 TO: DATE: 05/19/2015 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution - Adoption of a resolution proclaiming the month of May, 2015 as "Civility Month" in St. Lucie County, Florida. BACKGROUND: The City, County and Local Government Law Section of the Florida Bar has requested that this Board proclaim the month of May 2015 as "Civility Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures ti anie s. McIntyre, Cnty 'ttorney 5/6/2015 Packet Pg. 25 6.2.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF MAY 2015 AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government. 2. As a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. 3. Civility, derived from the Latin Words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. 4. Displays of anger, rudeness, ridicule, impatience, and a lackof respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government. 5. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships. 6. Civility can uplift our daily life and make it more pleasant to live in an organized society. 7. The City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2015 as "CIVILITY MONTH" in St. Lucie County, Florida and calls upon all citizens to exercise civility toward each other. 2. The County Administrator is hereby directed to email a copy of this resolution to Ricky Libbert, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300 at rlibbert floridabar.org. PASSED AND DULY ADOPTED this 191h day of May 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 26 6.3 ITEM NO. RES-2015-80 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution proclaiming the month of May 2015 as "American Stroke Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of May 2015 as "American Stroke Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures ianWieyS. McIntyre, C my ttorney 5/7/2015 Packet Pg. 27 6.3.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF MAY 2015 AS "AMERICAN STROKE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Stroke is a leading cause of serious long-term disability and the fifth leading cause of death in the United States, killing about 130,000 people nationwide and 8,372 citizens of Florida each year. 2. Between 2012 and 2030 total direct annual stroke -related medical costs are expected to increase from $71.55 billion to $184.13 billion. Overall, total annual costs of stroke are projected to increase to $240.67 billion by 2030, an increase of 129 percent. 3. Nearly 80 million Americans have high blood pressure, which is a major controllable risk factor for stroke, including 44 percent of African American adults — among the highest prevalence of any population in the world. More than half (58%) of Americans don't know if they are at risk for stroke; and one in three Americans can't recall any stroke warning signs or symptoms. 4. The F.A.S.T. warning signs and symptoms of stroke include face drooping, arm weakness, speech difficulty and time to call 9-1-1; and beyond F.A.S.T., additional stroke warning signs and symptoms include sudden numbness or weakness of the face, arm or leg, especially on one side of the body; sudden confusion; sudden trouble walking, dizziness, loss of balance or coordination; and sudden severe headache with no known cause. 5. On the American Stroke Month Day of Action May 1, 2015, throughout May and year- round, the American Stroke Association's Togetherto End Stroke initiative encourages Americans to learn their personal stroke risk, memorize and share the stroke warning signs, and call 9-1-1 at the first sign of a stroke. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2015 as "AMERICAN STROKE MONTH" in St. Lucie County, Florida and encourages all residents and visitors in St. Lucie County to familiarize themselves with the risk factors associated with stroke, recognize the warning signs and symptoms, and on first sign of a stroke dial 9-1-1 immediately so that we might begin to reduce the devastating effects of stroke on our population. PASSED AND DULY ADOPTED this 191h day of May 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 28 6.4 ITEM NO. RES-2015-81 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 05/19/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Adoption of a resolution designating the week of May 16-22, 2015 as "National Safe Boating Week" in St. Lucie County, Florida. Mary Taylor, Commander for Coast Guard Auxiliary Flotilla 58 in Fort Pierce, has requested that this Board proclaim the week of May 16-22, 2015 as "National Safe Boating Week" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures LIVE- Na—nieyS. McIntyre, County Attorney 5/11/2015 Packet Pg. 29 6.4.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF MAY 16-22, 2015 AS "NATIONAL SAFE BOATING WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Recreational boating is fun and enjoyable and Floridians are fortunate to have sufficient resources to accommodate the wide variety of pleasure boating demands. 2. Our waterways can become crowded at times and be a place of chaos and confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a risky sport. 3. On average, 700 people die each year in boating -related accidents in the United States and nearly 71% of these are fatalities caused by drowning. The vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors. 4. Not knowing orobeyingthe Navigational Rules orthe nautical "Rules of the Road," drinking alcohol or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so is clearly NOT the smart thing to do. All are examples of human error or a lack of proper judgment. C° 5. A significant number of boaters who lose their lives by drowning each year would be alive CU today had they worn their life jackets. Today's life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. v 0 6. Knowledge and skills are important in reducing human error and improving judgment. If a people are aware of the risk, they are likely to take the precautionary measures to protect r themselves, their friends, and family. LO 7. We must continue to spread the message of boating safety not only during National Safe N Boating Week, but also throughout the entire year. w NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie W County, Florida: 1. This Board supports the goals of the North American Safe Boating Campaign and does hereby proclaim the week of May 16-22, 2015 as "NATIONAL SAFE BOATING WEEK" in St. _ Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County who boat to "WEAR IT" and practice safe boating habits. PASSED AND DULY ADOPTED this 191h day of May, 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 30 05/08/15 FZABWARR FUND TITLE 001 001457 001534 001538 001560 001561 001563 001565 001566 001567 001568 101 101001 101002 101003 101004 102 102001 102114 102813 105 107 107001 107002 107003 107006 115 118 121 129 130 130114 130117 130216 140 160 181 183 183001 183004 183006 185015 189109 189110 189203 190 310001 310006 (S1NVNNVM) 3309 - Z£ 'ON }sib s}ueaaeM :uoi}eoiunwwo3 ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 02-MAY-2015 TO 08-MAY-2015 FUND SUMMARY General Fund FCTD Planning Grant Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 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/80% 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 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 Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 FTA 5316 2014 JARC Grant FDOT Park and Ride Improvement Airport Fund Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2014-2015 Home Consortium 2013 Home Consortium 2014 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Transportation EXPENSES 826,900.06 0.00 0.00 233.46 640.75 0.00 0.00 0.00 0.00 409.22 0.00 3,827.93 0.00 22,349.39 10,290.55 9,451.67 5,330.46 10,420.50 9,580.63 5,017.70 3,194.00 167,253.51 11,281.55 0.00 29,198.48 9,558.33 621.99 861.57 86.89 1,545,850.05 233.46 0.00 31,369.51 2,845.00 6,157.44 0.00 5.99 4,403.70 120.00 2,847.00 890.39 0.00 10.63 0.00 5.04 18,792.19 28,265.00 10.34 PAGE PAYROLL 511,213.59 615.43 2,004.46 2,145.88 7,061.39 2,138.41 1,452.42 390.69 380.47 2,192.27 466.63 35,950.74 1,341.60 65,256.06 15,066.40 16,598.52 53,916.65 9,013.48 6,822.75 0.00 0.00 166, 918.17 1,029.23 1,029.23 0.00 11,174.92 0.00 0.00 0.00 0.00 2,212.06 1,151.21 0.00 0.00 10,444.91 2,804.06 0.00 3,557.35 0.00 3,275.73 0.00 247.72 312.69 394.23 37.78 24,106.89 0.00 0.00 117 05/08/15 FZABWARR FUND TITLE (S1NVNNVM) 3309 - Z£ 'ON }sib s}ueaaeM :uoi}eoiunwwo3 ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 02-MAY-2015 TO 08-MAY-2015 FUND SUMMARY 316 County Capital 316001 5th Cent Fuel -Capital 318 County Capital -Transportation Bond 362 Sports Complex Improv Fund 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 801 Bank Fund GRAND TOTAL EXPENSES 64,490.50 11,591.30 22,182.51 287,677.56 118,894.41 12,076.74 4,687.50 0.00 137,452.46 0.00 345.00 156.28 69,148.65 0.00 0.00 22,353.74 7, 994 .40 53,897.07 3, 581, 262 . 50 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 70,578.19 15,700.85 6,438.48 679.22 9,154.80 1,292.70 1,278.60 29,281.68 0.00 2,633.69 2,696.45 2,488.72 0.00 0.00 1,104,947.40 118 8.C.1 ITEM NO. (ID # 2866) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 05/19/2015 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Port St. Lucie Realty Group, LLC - Water and Sewer connections on Prima Vista Boulevard and Camino Street St. Lucie Realty Group, LLC applied for a Right -of -Way permit to connect to water and sewer on Prima Vista Boulevard and Camino Street. They are not a vendor with the County and need to sign a Revocable License Agreement. Once the water and sewer are connected they will then turn the utilities over to Port St. Lucie Utilities. PREVIOUS ACTION: February 19, 2013 - Board of County Commissioners approved Resolution No. 13-027 accepting a Warranty Deed from St. Lucie Realty Group, LLC for 10 feet of right-of-way on Camino Street. October 23, 2012 - Board of County Commissioners approved Resolution No. 12-114 granting Preliminary and Final Planned Non Residential Development Site Plan approval for Port St. Lucie Shopping Center. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct St. Lucie Realty Group, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 33 8.C.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/14/2015 updated:5/14/2015 10:36AM byJoAnn Riley Page 2 Packet Pg. 34 dip 40, oo� tAw I Packet Pg. 35 8.C.1.b This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2015, by and between ST, LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and MICHAEL CALANDRILLO-ST LUCIE REALTY GROUP LLC. a Florida Limited Liability Company whose address is 469 Mariner Drive, Jupiter, FL 33477 (Owner). WHEREAS, the COUNTY is the owner of the property described as: THAT PORTION OF ROAD RIGHT-OF-WAY, KNOWN AS PRIMA VISTA BLVD. AND CAMINO STREET, LYING IN RIVER PARK UNIT 3, ST. LUCIE COUNTY, FLORIDA WHEREAS, Owner, desires to connect to water and sewer on Prima Vista Blvd and Camino Street right-of-way as noted on construction plans for Port Saint Lucie Shopping Center submitted to Engineering Department. (Exhibit "A"). WHEREAS, the County is willing to permit the Owner to use Prima Vista Blvd and Camino Street rights -of -way, to install and maintain the water and sewer connection, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant Owner a Revocable License Agreement for the purpose of installing and maintaining a water and sewer connection which is indicated on the sketch and incorporated herein as Exhibit "A". The water and sewer connections will encroach 1 Packet Pg. 36 8.C.1.b in Prima Vista Blvd and Camino St. This license shall extend only to the above -referenced water and sewer connections and shall not extend to the construction and/or installation of any additional structures, utilities or locations. 2. The sole purpose of this Revocable License Agreement is to allow Owner a means of providing a water and sewer connection to their property. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install water and sewer connection in Prima Vista Blvd and Camino Street rights -of -way to adequately provide water and sewer service to their property. 4. The owner shall install the water and sewer main in accordance with the St. Lucie County Standard Specifications for Public Works Construction and FDOT standards. The owner shall obtain a St. Lucie County Right of Way permit, together with a Road Improvement Agreement and provide the appropriate surety prior to the commencement of construction activities within the County road right of way. The owner shall provide the County Engineer with a schedule for the proposed construction activities. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that the Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6, The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Department, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer and Road and Bridge Department may, in lieu of termination, request that Owner perform certain alterations to the force main and/or water 2 Packet Pg. 37 8.C.1.b main in the right-of-way of Prima Vista Blvd and Camino Street at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer and Road and Bridge Department, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. The Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Prima Vista Blvd and Camino Street. 10. The sewer and water connections shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 11, The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or 3 Packet Pg. 38 8.C.1.b certified mail (postage prepaid) return receipt requested, address to: As to County As to Property Owner: County Engineer Michael Calandrillo Engineering Division St. Lucie Realty Group, LLC 2300 Virginia Avenue, 2nd Floor 469 Mariner Drive Fort Pierce, FL 34982 Jupiter, FL 33477 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 4 Packet Pg. 39 8.C.1.b IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: WI ess Wltn 5. STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE REALTY GROUP, LLC it's��t1-) The,fn�rego'ng instrument as acknowledged before m� thise ay of ' M 2015, by / "/� as 1 ,� Hof ST. L CIE REALTY GROUP, LLC. who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day ofA.D., 2015. My commission expires: Signatur f-No'tary ublic Le- NANCY L. STAA�iNi MY cOMMI55I0N # FF13030 a EXPIRES: August 24, 2018 5 Packet Pg. 40 V U 06 ® SANITARY SEWER OVER © FORCE MAIN UNDER EX. WATER MAIN. BY W Q N m DRAINAGE PIPE DIRECTIONAL DRILL AND MAINTAIN 18" SEE UTILITY DETAIL M2 SHEETS Q � � FEET w w DATUM NOTE: SEPARATION Q � 1 inch = 30 tt Q I--• � W. � BOTTOM SAN=10.88 l(7 ALL ELEVATIONS SHOWN ON THESE PLANSWZ TOP DRAINAGE=8.38 REFERENCE THE NORTH GEODETIC VERTICAL DATUM 7929 (NGVD).ATYPICAI ACCEPTED CONVERSION TO FORCE MAIN UNDER E%. WATER MAIN. BY I 21�.O Q M N QO HAVE, FROM NGVD IS==> NGVD= NAVD ♦ 1.475 SANITARY SEWER OVER © DIRECTIONAL DRILL AND MAINTAIN iB" _ ©DRAINAGE PIPE SEPARATION I _ _ _ _ _ _ _ _ _ _ _ _ _ _ =S• I W h . I I I w/ UL � N O H BOTTOM SAN=12.23 �u TOP DRAINAGE=10.73 I APPROXIMATE LOCATION I � PSLUSD EASEMENT NOTES: I OF EXISTING DOUBLE ( I I+ j W O D U N cND o SERVICEIN BEREMOVED "• / '-II'" -'- -� 04 (C' d ALL PSLUSD MAINS SHALL BE LOCATED IN - - - - - - - - - - - - - - ------------- DEDICATEDEASEMENT. WATERMAINSSHALL EXISTING VALVES n r N p INSTALLED IN A IO DEDICATED EASEMENT AND WATER MAINS I .` CAMIND S%R T/�� H W d h o CENTERED ON THE PIPE. GRAVITY SEWER MAINS ADO/AertlRen�wr E I I . Jfr' •$ 5•� ^ •'`� I I--' L x O a SHALL SE INSTALLED IN A ZY DEDICATED Lu ��[ In 0 EASEMENT CENTERED ON THE PIPE.-IX6'YN- / \ I -'^may - ` --- x�� - I W W U- O_r�-• m IF _ x,.� x w0C) > >. ROW LINE ^*•'r' I I I I IIE PROPOSED V MASONRY WALL WITH 60140 LANDSCAPE RATION a INSTALL CLEANOUT (p w RIME L =17A0 INV. EL-11.64 ROUTETOEXISTNG J m g f ^$ o a a MH3W/CONCRETE BUILDING I _',I I I, I I f 3 2• i Z JACKET INSTALLIS'OF6'SAN. FLORIDA POWERAND STA: 1.32.64 LATERAL WITH F LIGHT TO PROVIDE AND OFF: -72.22 INSTALL CLEANOUT LATERA UT IT 7.0% I " ' INSTALL TRANSFORMER RIM:17.15 RIM EL.=17.06 RIM EL=17.70 PROPOSEDI BOX AN" HANDHOLE IN: 10.87(N) INV. EL.=73.16 -''' JjI _ 8LF OF 8'SANITARY INV. EL. 13.04 STORY RETAIL I I FO(. 18'YN OUT: 10.77(S) R I 8,200 SF STUB-OUTTO PROPERTY CONTRACTOR TO LOCATE FISTING FFE=17.75 N.V. INSTALL 727' i2) 6" PVC SCHEDULE LINE @ 0.40%INV. EL.70.83 INTERCEPTORS. REMOVE AND �u 40 CONDUIT. CUSTOMER OWNED MH2 Conslwd lB LF REPLACE PER PSLUSD STANDARDS. g� INSTALL IS'OFB"SAN. LATERAL 1- S IN T ALLEANOUT $ 1.0% g WIREANDPVC. STA: 0-17.95 6"PVC @1.m% APPROXIMATE LOCATION OF WITH ITHRIM CLEANOUT OFF: -9.67 EXISTING METER BANKS PER ZONING: RS-0 INV. EL=12.99 I I RIM: 16.55 PSLUSD RECORD DRAWING- - INSTALL CLEANOUT ' IN: 9.98(Wj pROPOSED 6' MASONRY WALL RELOCATE TO CAMIND STREET I INSTALL 15' OF6"SAN. LATERAL I k tF PSWSD POINT OF LAND USE: RU I1 I j IN: 9.98(E) WITH 60/40 LANDSCAPE RATION I I WITH CLEANOUT @ 1.0% rI SERV CE i OUT: 9.B8(S) WITH REMOVABLE SECTION CONTRACTOR TO LOCATE RIM EL=17.70 n RIM EL.=17.78 Congmct 71 LF I '. w OVER SANITARY LINES SANITARY FROM FISTING INV. EL.-12.75 0 INSTALL ITOF 8' PVC SEWER LATERAL INV. EL =10.93 BUILDING AND IN 01. TO NEW%SLOPE VC@1.00 F WITH CLEANOUT INV. EL, 10.15 INSTALL 15' OF 6' SAN. xo @1.00%FOR FUTURE CONNECTON WG� SANITARY MAIN 1.ar%SLOPE LATERALWITH � • E2EPAIA]Y - JI.Of OYN RIM EL,UT @ 1.0% _.....-. _ I _ y 6' P % � J CLE I _ RIM EL. 77._ I 11 I f INV. EL=7266 � I IE m EX. 4' WM TO BE INSTAL CLEANOUT j ABANDONED IN I I Consiwd ]1 LFonsl d 75 R rc1 RIM EL -17.06 I t IC ? PIACE.(GROUTED) Consbocl l5 LF I I i 6'PVC @1.00% �'Gp 6 PVCN�i pa vvpN I INV. EL =12.45 I ( o y B MH7 8"PVC@0.40% I PROPOSED 20 I MH4 INS TALL CLEANOUT INSTALL IS'OFB'SAN. LATERA `f u3 $ STA: OM3.05 UTILITY I I STA:1+32.fi9 v RIM EL.=17.701NV. EL =72.39 p4 WITH CLEANOUT@1.0% I I I u OFF: &.69 EASEMENT, NP. OFF: 4).78 � INSTALL CLEANOUT RIM EL=77.10 �. Z I I I RIM: 76.60 INSTALL CLEANOUT IN. EL=12.32 RIM: 16.62 CvnsWci 63 LF RIM EL.=16.761NV. EL =72.20 IN: 10.54(SE) RIM EL =17.101NV. EL=12.39 � 6? i IN: 10.14(Wj j e"PVG 0.40% I INSTALL B'OF 6"SAN. I ' a OUT'. 10.04(E) I I! I IN: 10.54(N) Constmcl 72 LF 6" PVC @ t.W% LATERAL WITH OUT: 10.44(W) EXISTING BUILDING CLEANOUT 01.0% MH 6 I - I MODIFIED8,413SF PSLUSD SANITARY POINT OF SERVICE RIM EL=17.08 STA: 5+23.76 3LF OF e" SANITARY -- Con9wd 31 LF _ - J I FEE=17.75 NGVD RIM EL.18.87= IN. EL=1 ZW OFF: -9.39 a - _------- INV. EL=11.73 M. 874 STUB-0UTTOPROPERTY e'PVC Q0.40% Cons mcIl IS LF ConsWd 58 LF INSTALL CONCRETE JACKET INSTALL1,250GALGREABE R .1 . w LINE @ 0.40% INV EL. 10.15 I 20 - 1 8-PVC ®0.40% 8"PVC @0.40% AROUND MANHOLE ConS6ucl10LF6"PVC 1.00% INTERCEPTOR - OUT:12.04(W) EX. FIRE IN=12.1999 HYDRANT I .'� '•�' ,.J . 'A our=llI I I O- I I m PROPOSED LIFTSTATION43'X30'�--- r� INSTALL EASEMENT. SEE LIFT STATION I • ,. ,( •-EXISTING EDGE ,_ CNCRETE DETAIL SHEETS BLIFT STATION I J CKETA UND U 0 20 OFPAVEMENT r RO I �5 DETAILS SHEET 70. ( + M NHOLE $ V/ m� r _ .••'. .• i'•I HIGH MA30NRYAWALL 2 _ _______ BoPVC@0.40%____ ________________ RMAL6 BF.BN4SL O INV. EL=/1.98 3 I R IQ\ 3 LL C-Stud 17 LF B"uj PVC 1.00% /l Ii i i��� ���� �� IO,u•AY � aim EtEYA1fOY- ]/'a I.� 20 6 ZONING: CO I I I I I @ = PROPOSED20 A41D .I J Z EXISTING I U i UTILITY EASEMENT I. 4 r m I FORCE MAIN r a LAND USE: RU I Fl 20.ar 0 / _ MH5 ConSiwcl 63 LW +1, .• �IE u659'I (�-/ - STA: 1.92.54 6- PVC @ 1,00I / OFF: -16.97 a '1� I _ y I L /UJ J ' I\ I § I I I = RIM: 17.00D 4�! Ivry ' I I a n ' Lv I ` I I (:5-j INSTALL = IN: 10.BB(E) I INSTALL CLEANOUT' y Illfff >. I �/� I TP' Il� I 111 CLEANOUT OUT: 10.78(NWj PSLUSD SANITARY 4 "1 _ I I 2 ti \/ I I I I / INSTALL 3TOF 8"PVC RIM EL=76.36 _ A 01E € ; POINT OF SERVICE - R I _ I I I 7 SEWER LATERALWITH INV. EL=10.87 RIM EL=16.80 "PVC .0 % _ 10.00' CLEANOUT @ 1.ar% INV. INV. EL=12.12 " ^ 6° PVC 1.00% /� J u EXISTING FIRE 8� ^ @'I I V� HYDRANT I PROPOSED 10 UTILITY EASEMENT EL. 11.241N EASEMENT I+ - "�' a o I FOR GAS STATION Ir + + 't® 0 3TUTILITYEASiME I I NN77�� EXISTING BUILDING {{{ SEWER PROPOSED w (O.R.B. 929, Pp. 24535 I I I b � S' 1a1 FLOOR BANK 3,300 SF { FOR BANBUILD(CLEANOUT - I /V O EXISTINGTYPE // I sJ •+ S• `, +- .'+ - _f FOR BANK BUILDING I LIB I '+ 2nd FLOOR OFFICEVD SF 'F'CURB � � I I EXISTING GAS STATION ,: . i SERVICE �v I I ZONING: OG �i V FFE=18.43 NGVD ;_.y ,_a��.. :; RIM EL=17.67 ( I O y • �`v�v 0+ '.. 'f• INV. EL=12.62 IIEN W 1 ' ❑ I I i 6.79' LAND USE: CM. %' y ;. i. Elf Y T E%ISTING WATER METER AND RPZ EXISTING LIFT STATION 'BTO E CONNECREMOVET.CONTRA EX. .SYSTCTOR ' N. ROW LINE FOR / J 1 ; •+ t . TO PROPOSED SANITARY! f � \ --�`r PRIMA VISTA /1 ' { \ 10.. 6 _' �5) EXE.TOPELSYSTEM. SUMED17.45 i Zf �� CONNECT INV. EL=12.80 \� 1 ¢ \ �Ek _ v• s W / EXISTNGS 1B'IUF- _. �._.--l-i •.^. __ '�-'��'��'�� 1 �\ SIDEWALK E7[. 1 __ -- -- EX EASEMENT '+ -�J(. 18 , vaµpi p� I \ • ISTING TYPE EXISTING 4'PVC _ EASEMENT IX 1810- -- -_ I #%T4571'IA1 E° ('��herford� PaE2}• \ 'F'CURB _ 1 TUCKER LQ&T I" FORCE MAIN %0'�•c"'1y INSTALL 22T OF 4' FORCE MAIN -_ I ;S IERCE: FL 34950 j (SI IS BY DIRECTIONAL DRILL) / Tr/1 ��Q G� c Y 1 (SEE PROFILE A2 SHEET 6)"_Ru¢n GY1t+AE7EAmAN i �IV�S���, Y n - •. '.: G'2-+E'w¢v.W _ �� ___ • GRASS .. PRIMA li/STA BLVD. S. RO IMA FOR \ / EXISTING4'HDPETEE I PRIMA VISTA �` \ N ; I/ 100" R/CH7-OF-WAY R _ I-�f \6 S I ! 14J [ E%ISTING 10 EXISTING 4" HDPE. VALVE. - c UTILITY EASEMENT. S. ROW LINE OF _---- _ PRIMA VISTA > SEE UTILITY DETAILMI SHEETS - :....,. : , .,. '..... i :-..i� _ - EXISTING STORM MANHOLE AND PIPE � � � --- - •-"-'- ' -'- ' "- I 5 OF 13 --T-T I W. RNEFOR I I EX. FIRE HYDRAM� �L - �j °BAYA - BAYAN DRIVE II _ E. ROW LINE FOR BAYAN DRIVE LLL ,L (dnoJO Al!eell eion-1 lS hod-;u8w88J6V asu831-1 a!geoonab : 998Z) V I!q!4x3 :4u8wLj3844d T SANITARY SEWER OVER FORCE MAIN UNDER EX. WATER MAIN. SANITARY SEWER UNDER 2-AND 6" WATER IcU DRAINAGE PIPE ® CONTRACTOR TO FIELD LOCATE EX. WATER © MAINS. MAINTAIN 18" SEPARATON 1-. 3 I Z `•f NOTE TO CONTRACTOR: BOTTOMSAN=10.14 MAIN AND MAINTAIN IB'SEPERATION �V UL_ SOD ALL DISTURBED AREAS TOP DRAINAGE=8.rA I Q I I 0 n a LEGEND 16.13 EXISTING SPOT ELEVATION Y V F1711PROPOSEO8TORM INLET I.i 0 t= 8.C.2 ITEM NO. RES-2015-82 J DATE: 05/19/2015 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution - A resolution in support of the South Florida Water Management District's application to Florida Department of Environmental Protection requesting authorization for interim operations of the Ten Mile Creek Water Preserve Area (WPA) Critical Project this upcoming wet season as a modification to the existing Comprehensive Everglades Restoration Plan Regulation Act (CERPRA) Permit File No. 0192879-016 BACKGROUND: It has been requested that this Board show their support of the District's application for interim operations of the Ten Mile Creek Water Preserve Area. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the attached resolution as drafted by the County Attorney. COMMISSION ACTION: Packet Pg. 42 8.C.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/7/2015 Updated: 5/11/2015 12:32 PM by Shane A. De Witt Page 2 Packet Pg. 43 8.C.2.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA IN SUPPORT OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S (DISTRICT) APPLICATION TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUESTING AUTHORIZATION FOR INTERIM OPERATIONS OF THE TEN MILE CREEK WATER PRESERVE AREA (WPA) CRITICAL PROJECT THIS UPCOMING WETSEASON ASA MODIFICATION TO THE EXISTING COMPREHENSIVE EVERGLADES RESTORATION PLAN REGULATION ACT (CERPRA) PERMIT FILE NO.0192879-016 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Everglades ecosystem, spanning from the Kissimmee River Valley to Florida Bay, is a significant national resource and international treasure. 2. The District's request includes interim operations of the Ten Mile Creek WPA at a 1 ft. maximum depth (19-ft. NGVD) fora storage capacity of 629 acre-feet within the reservoir. Additionally, up to 40 cfs of water will be pumped into the treatment cell when available, with flow -through operations once the treatment cell passes start-up requirements. Discharges up to 35 cfs are anticipated to result from the project into Ten Mile Creek. 3. The project is located adjacent to Ten Mile Creek (Class III Waters) in the vicinity of the Gordy Road Structure, which is in St. Lucie County, Sections 25, 26, 27, 34, 35 and 36, Township 35 South, Range 39 East as indicated on the attached Project Location Map. Specifically, the reservoir and treatment wetland are situated south of Ten Mile Creek and State Road 70, immediately west of the 1-95/Florida Turnpike intersection in St. Lucie County, and north of Midway Road. NOW, THEREFORE, BE IT RESOLVED, bythe Board of County Commissioners of St. Lucie County, Florida: 1. St. Lucie County continues to support implementation of the Comprehensive Everglades Restoration and believe the Ten Mile Creek Water Preserve is a critical restoration project. 2. The County Administrator will email a copy of this resolution to Tanja Hinton, Florida Departmentof Environmental Protection atTania.Hinton@dep.state.fl.us showingthe Board's support of South Florida Water Management District's application to the Florida Department of Environmental Protection for a modification to the existing CERPRA File No. 0192879-016. PASSED AND DULY ADOPTED this 191h day of May, 2015. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 44 8.C.3 ITEM NO. RES-2015-83 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Traffic Signal Maintenance and Compensation Joint Participation Agreement with FDOT, Phase 2 The Florida Department of Transportation and St. Lucie County desire to enter into an agreement regarding traffic signal maintenance and compensation. St. Lucie County will be responsible for the maintenance and continuous operation of the traffic signals, traffic signal structures (including signal mast arm structure or strain pole), traffic signal systems (central computer, cameras, message signs, communication devices, interconnect/network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software); and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), emergency/fire department signals and speed activated warning displays). St. Lucie County will also be responsible for the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems and devices upon completion of their installation. FDOT will pay the County an annual compensation and conduct periodic inspections. PREVIOUS ACTION: Phase 1 of this Joint Participation Agreement was approved by the Board on July 1, 2014. FINANCIAL IMPACT: There is no significant financial impact to the County as the majority of the annual $120,384.00 cost is reimbursed by FDOT. Staff recommends Board approval of Phase 2 of the Traffic Signal Maintenance and Compensation Joint Participation Agreement and Resolution and authorization for the Chair to sign the documents as approved by the County Attorney. Packet Pg. 45 8.C.3 Coordination/Signatures Updated: 5/18/2015 3:33 PM by Kelly Phelan A Page 2 Packet Pg. 46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. 42780558801 596000835079 7 - TRAFFIC OPERATIONS 04/15 Page 1 of 5 THIS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT ("Agreement"), is entered into this day of between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department", and Florida, ("Maintaining Agency'). WITNESSETH: A. The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement. B. The Maintaining Agency is authorized under to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as "Traffic Signals and Devices". The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months, which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement. The inspection report will serve as a 90-day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain poles must be properly repaired or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs C m c c a� c CU 0 c a� in L H c 0 0 Ch (D ce) 0 0 N dh w Q Packet Pg. 47 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 - TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 2 of 5 incurred due to traffic impacts to mast arms, which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out, there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90-day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/12t" of the annual compensation amount for the affected signal locations will be forfeited up to 25% of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: Maintaining Agency Florida DOT Preventative maintenance of all mast arm structures Periodic maintenance of all mast arm structures (except for any new painted and existing painted structures with signed separate Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or replacement of structures Replacement at end of life cycle of the structure The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain poles, and all devices shown in Exhibit A. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. a. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. c (D c c a� c CU 0 c a� in L H c 0 0 W m ce) 0 N U) w e Q Packet Pg. 48 8_C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 - TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 3 of 5 9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. °D c 10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained c and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new in Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit V A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department o certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the o information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 11. Payment will be made in accordance with Section 215.422, Florida Statutes. aMo 12. There shall be no reimbursement for travel expenses under this Agreement. N 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and LU post -audit thereof. . . 14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take a� no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to Q the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. o t, 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section �a 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest Q. penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to E a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice U payment requirements do not start until a properly completed invoice is provided to the Department. 06 16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include a� acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1- W 877-693-5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: r "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract p which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from E the Comptroller of the Department that such funds are available prior to entering into any such contract or U other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for w periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to Q be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." Packet Pg. 49 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 - TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 4 of 5 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform a� work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. CU 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public in entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any V public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the c 3 Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for o unilateral cancellation of this Agreement. Ch 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be W .. shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement c" termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a c requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate w by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the W terms and conditions of this Agreement. E 24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Q Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions: Critical detection is defined as the detection on side -streets and in left turn lanes on the main streets, and all pedestrian/bicycle detection. Repairs to the side -street and main street left turn detections shall be made within sixty (60) days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification. All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any time the level drops below 90%, the Agency would have ninety (90) days to correct the situation. A 5% retainage of the total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90-day period. b. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one (1) minor preventative .S maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the a vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, in and check hinges and door locks. At least one (1) conflict monitor test shall be performed during a twelve (12) month period. Each test is to be documented and included in the annual report to the Department. The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual Q compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not a performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected signal locations will be forfeited. ~ O 0 c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central E monitoring facility(s) are to be documented and contained in the annual report submitted to the Department. �a r d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the Q critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the remaining compensation amount. Packet Pg. 50 8.C.3.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 5 of 5 25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty (20) years; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 33. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and 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. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. (Maintaining Agency) By (Authorized Signature) Print/Type Name: Title: Attest: Attorney: Date: Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By (Authorized Signature) Print/Type Name: Title: Legal Review: c m c c a� c CU 0 c a1 in H c 0 0 In (D ce) 0 N rn w w w Q Packet Pg. 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 8.C.3.a 750-010-22 TRAFFIC OPERATIONS 04/15 Exhibit A Page 1 of 1 Exhibit A Compensation for Maintaining Traffic Signals and all other Devices for FY Effective Date: from to Intersection Location Traffic Signals (TS) Traffic Signal - Interconnected & monitored (IMTS) Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency Fire Dept. Signal (FDS) Speed Activated Warning Display (SAWD) or Blank Out Sign (BOS) Traffic Warning Beacon (TWB) Travel Time Detector Uninterruptible Power Supplies (UPS) Compensation Amount (using Unit Rates from Exhibit B) Total Lump Sum Amount* *Amount paid shall be the Total Lump Sum minus any retainage or forfeiture. I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $ Maintaining Agency Date District Traffic Operations Engineer Date Packet Pg. 52 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 7 TRAFFIC OPERATIONS 04/15 Exhibit B Page 1 of 1 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic - Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s (TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 783 626 1,096 313 313 100 1 100 2017-18 Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. 'Compensation pro-rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. w Q Packet Pg. 53 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation, including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 8.C.3.a 7 TRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 c 0 to m M 0 LO 0 N U) W W w Q Packet Pg. 54 8.C.3.b RESOLUTION A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY FOR REIMBURSEMENT OF THE OPERATION OF TRAFFIC SIGNALS AND SIGNAL SYSTEMS ON THE STATE HIGHWAYSYSTEM BYTHE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIR OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; FURTHER AUTHORIZING THE COUNTY ATTORNEYTO 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 Department and the County are desirous of having the County reimbursed for the maintenance and continuous operation of traffic signals, traffic signal systems, school zone traffic control devices, intersection flashing beacons, illuminated street name signs and the payment of electrical charges incurred in connection with the operation of such traffic signal systems on the State Highway System. 2. This Board should authorize and approve execution of the Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation to provide reimbursement for the maintenance and continuous operation of traffic signals and signal systems on the State Highway System. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation to reimburse the County for maintenance and continuous operation of traffic signals and signal systems on the State Highway System. 2. The Chair of the Board of County Commissioners and the Clerk are hereby authorized to execute the Traffic Signal Maintenance and Compensation Agreement approved by this Resolution; and further, the County Attorney is hereby authorized to execute the Agreement by approving it as to form and correctness. After motion and second, the vote on this Resolution was as follows: Packet Pg. 55 8.C.3.b Chair Paula A. Lewis XXX Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 19TH day of May, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IXs Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 56 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 8.C.3.c 750-010-22 TRAFFIC OPERATIONS 4/1 F Page 1 of EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: 7/01/15 To: 6/30/16 Maintaining Agency: ST. LUCIE COUNTY ROAD & BRIDGE DIVISION, TRAFFIC OPERATIONS Intersection Locations Compensation Yes or No Aency Responsible for Periodic Maintenance (FDOT) or Maintaining Agency Traffic Signal (TS) or Intersection Control Beacon ICB Pedestrian Flashing Beacon PFB) Emergency /Fire Dept. Signal (FDS) Speed Activated Warning Displays (SAWD Traffic Warining Beacon TWB FDOT FY Unit Rate (refer to Exhibit B % of State (ex. 25, 33, 50, 75 or 100 Total Amount (Unit RatE x Percent MIDWAY ROAD @ U.S. 1 YES SLC TS 3040.00 100 $3,04( 25TH STREET @ EDWARDS ROAD YES SLC TS 3040.00 100 $3,04( WINTERGARDEN @ TURNPIKE FEEDER YES SLC TS 3040.00 100 $3,04( ORANGE AVENUE @ KINGS HWY YES SLC TS 3040.00 100 $3,04( ANGLE ROAD @ KINGS HWY YES SLC TS 1 3040.00 100 $3,04( ST. LUCIE BLVD. @ KINGS HWY YES SLC TS 3040.00 100 $3,04( ST. LUCIE BLVD. @ U.S. 1 YES SLC TS 3040.00 100 $3,04( INDRIO ROAD @ KINGS HWY YES SLC TS 3040.00 100 $3,04( KINGS HWY @ U.S. 1 YES SLC TS 3040.00 100 $3,04( ATLANTIC BEACH @ A1A YES SLC TS 3040.00 100 $3,04( OLD DIXIE HWY @ A1A YES SLC TS 3040.00 100 $3,04( NORTH A-1-A @ U.S. 1 YES SLC TS 3040.00 100 $3,04( ST. LUCIE BLVD. @ N. 25TH STREET YES SLC TS 3040.00 100 $3,04( HARTMAN ROAD @ ORANGE AVENUE YES SLC TS 3040.00 100 $3,04( U.S. 1 @ N. 25TH STREET YES SLC TS 3040.00 100 $3,04( RIO MAR DRIVE @ U.S. 1 YES SLC TS 3040.00 100 $3,04( SPANISH LAKES BLVD @ U.S. 1 YES SLC TS 3040.00 100 $3,04( JENKINS ROAD @ ORANGE AVENUE YES SLC TS 3040.00 100 $3,04( SAVANNA CLUB @ U.S.1 YES SLC TS 1 1 3040.001 100 $3,04( JUANITA AVENUE @ N. 25TH STREET YES SLC TS 3040.00 100 $3,04( EASY STREET @ U.S. 1 YES SLC TS 3040.00 100 $3,04( KITTERMAN ROAD @ U.S.1 YES SLC TS 3040.00 100 $3,04( PRIMA VISTA BLVD. @ U.S.1 YES SLC TS 3040.00 100 $3,04( INDRIO ROAD @ U.S. 1 YES SLC TS 3040.00 100 $3,04( 1-95 @ MIDWAY ROAD S/B YES SLC TS 3040.00 100 $3,04( U.S. 1 @ LAKE VISTA TRAIL YES I SLC TS 13040.00 100 $3,04( U.S. 1 @ ULRICH ROAD YES SLC TS 3040.00 100 $3,04( 1-95 @ MIDWAY ROAD N/B YES SLC TS 3040.00 100 $3,04( WEATHERBEE ROAD @ U.S. 1 YES SLC TS 3040.00 100 $3,04( INDRIO ROAD @ JOHNSTON ROAD YES SLC TS 3040.00 100 $3,04( S 25TH STREET @ CORTEZ BLVD YES SLC TS 3040.00 100 $3,04( NETTLES ISLAND @ S A1A YES SLC TS 3040.00 100 $3,04( ORANGE AVENUE @ 1-95 N/B YES SLC TS 13040.00 100 $3,04( ORANGE AVENUE @ 1-95 S/B YES SLC TS 3040.00 100 $3,04( OCEAN HARBOR VILLAS @ N A1A YES SLC TS 3040.00 100 $3,04( BREAKERS @ N Al YES SLC TS 3040.00 100 $3,04( ATLANTICVIEW BEACH CLUB @ N A1A YES SLC TS 3040.00 100 $3,04( ANGELFISH DRIVE @ N A1A YES SLC TS 3040.00 100 $3,04( OCEAN HARBOR NORTH @ N Al YES SLC TS 3040.00 100 $3,04( 25TH STREET @ FOREST GROVE MIDDLE YES SLC PFB 608.00 100 $60£ LAKEWOOD PARK ELEMENTARY@ INDRIC YES SLC I PFB ji i 1 1 608.00 1 100 $60£ 25TH STREET @ AVENUE S YES SLC I PFB I I 1 1 608.00 1 100 $60£ Total Lump Sum I $120,38z I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $ 120,384.00. Packet Pg. 57 8.C.4 ITEM NO. (ID # 2873) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *CONSENT AGENDA\COUNTY ATTORNEY Revised First Amendment to Interlocal Agreement - Guardian Ad Litem Funding In 2010, the Counties in the 19th Judicial Circuit (Indian River, Martin, Okeechobee and St. Lucie) entered into an Interlocal Agreement with the Guardian Ad Litem and the Clerk of Circuit Court for St. Lucie County, Florida pertaining to guardian ad ltem funding. Certain amendments have been proposed to the 2010 Interlocal Agreement. Those amendments are set out in the draft First Amendment attached. The proposed First Amendment, if adopted, would require that the unified budget separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes from budget requests to meet local requirements. The unified budget would also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Guardian Ad Litem budget. PREVIOUS ACTION: In 2010, the Counties in the 19th Judicial Circuit (Indian River, Martin, Okeechobee and St. Lucie) entered into an Interlocal Agreement pertaining to court funding. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the revised First Amendment and authorize the Chair to sign the First Amendment. Coordination/Signatures Packet Pg. 58 8.C.4.a FIRST AMENDMENT TO INTERLOCAL AGREEMENT GUARDIAN AD LITEM FUNDING C09-10-657 THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between GUARDIAN AD LITEM FOR THE NINETEENTH JUDICIAL CIRCUIT ("GAL"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19t" Judicial Circuit (the "Counties"), for the purpose of providing required services to Guardian Ad Litem. WHEREAS, Section 29.008, Florida Statutes (2014), provides that the counties within a judicial circuit provide county funding for court related functions, including the staffing and offices for the Guardian Ad Litem Program; and WHEREAS, the GAL and the Counties previously entered into an Interlocal Agreement to establish a procedure wherein funding for the GAL Program is prorated by population among the Counties; and WHEREAS, the GAL, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein. In consideration of the mutual advantages accruing to the parties, the GAL, Clerk and the Counties agree as follows: 1. Section 1A "PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET" is amended to read as follows: A. The GAL agrees to present a total unified budget for each fiscal year (October 1-September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from budget requests to meet local requirements pursuant to Section 29.008(2), Florida Statutes. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Guardian Ad Litem budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Guardian Ad Litem budget submittal. Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the GAL to C:\USERS\BUSHS\APPDATA\LOCAL\TEMP\MIN[ ETRAQ\STLUCIEFLCa STLUCIEFLSQM2.COM\WORK\ATTACHMENTS\-1rCX Packet Pg. 59 8.C.4.a discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June 1st of each year. 2. Section 1B "PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET" is amended to read as follows: B. The Counties agree to comply with the requirements of Section 29.008 Florida Statues (as may thereafter be amended) concerning the proposed budget. The proposed budget shall be presented to each of the four (4) Boards of County Commissioners for consideration during the Board's normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determines to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year, commencing on October 1, 2009. 3. Except as amended herein, the remaining terms and conditions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this First Amendment by their duly authorized officials on the dates stated below. WITNESSES: GUARDIAN AD LITEM NINETEENTH JUDICIAL CIRCUIT BY: Circuit Director Date: C:\USERS\BUSHS\APPDATA\LOCAL\TEMP\MIN[ ETRAQ\STLUCIEFLCa STLUCIEFLSQM2.COM\WORK\ATTACHMENTS\-i fCX Packet Pg. 60 8.C.4.a ATTEST: Clerk (SEAL) INDIAN RIVER COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C:\USERS\EUSHS\APPDATA\LOCAL\TEMP\MINUTETRAQ\STLUCIEFLCa STLUCIEFLIQM2.COM\WORK\ATTACHMENTS�.DOCX J Packet Pg. 61 8.C.4.a ATTEST: Clerk (SEAL) MARTIN COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C:\USERS\EUSHS\APPDATA\LOCAL\TEMP\MINUTETRAQ\STLUCIEFLCa STLUCIEFLIQM2.COM\WORK\ATTACHMENT$�t.DOCX TT Packet Pg. 62 8.C.4.a ATTEST: Clerk (SEAL) OKEECHOBEE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C:\USERS\EUSHS\APPDATA\LOCAL\TEMP\MINUTETRAQ\STLUCIEFLCa STLUCIEFLIQM2.COM\WORK\ATTACHMENTS�.DOCX Packet Pg. 63 8.C.4.a ATTEST: Deputy Clerk (SEAL) ST. LUCIE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA Clerk C:\USERS\EUSHS\APPDATA\LOCAL\TEMP\MINUTETRAQ\STLUCIEFLCa STLUCIEFLIQM2.COM\WORK\ATTACHMENT®.DOCX V Packet Pg. 64 8.C.5 ITEM NO. (ID # 2862) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners DATE: 05/19/2015 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the unsafe structure at 199 Tumblin Kling Road, Fort Pierce, FL BACKGROUND: Under the provisions of Section 7-42 of Appendix A Local Acts of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 199 Tumblin Kling Road, Fort Pierce, FL (the "Property") was inspected by the Building Official on September 23, 2014; where it was determined to be manifestly unsafe and unsanitary for use as a single family dwelling. The building in its current condition constitutes a public nuisance. Please see photographs and a copy of the Building Official Report attached describing the condition of the building. PREVIOUS ACTION: N/A FINANCIAL IMPACT: 102-2415-534000-200 RECOMMENDATION: Pursuant to the provisions of Article VII of Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that this Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and unsanitary for use and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 199 Tumblin Kling Road in Fort Pierce, Florida. COMMISSION ACTION: Packet Pg. 65 8.C.5 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/6/2015 Updated: 4/30/2015 9:17 AM by Carol Bishop Page 2 Packet Pg. 66 :y ■ j v Jo 4F !.Y '• 1 `�:, Jill • 4L C i r ,. 7 ��• lj5� � .r opp- jai i Ao- ���..• . - • � r. � f, -.� .��. :ram, ►„ Ike .,j.• _ '. i+r. ��r� �'� �",' '� 'tip}r \y.Y `,. ►, ,, .. � .. , - •r �'1' �F•1.'�i •,S ;`• , � \ `S •Y �• 1C' F - - ' _ �F ,, ,r„• : � 1 ;'J 6y •+ 1 - Y�Y� .�• -� -��\i� `,v :'.: �>, ,- � ♦ _ � 4 ,��„-� �, F` t�����i �' ��,.. • �� �'�'r7r + ��� t.��` Jul � } �\., �► ' 7 Oki� 1 ^ � Y --•�""—'r -- r s -^l t ool,,, r r Ne fn I . 01 r 0 cli co 4-1 ZO � •fit . /ti ^ '7; 1' Y `�',�t CASE 849 3r0 --� s '''"" E i � .. t`.•:. � � ''. •'!��Y ':' , se; "}-• -ram •� ! t 199 TUMBLI �, 1 ��,, t� ti:- ,•. 1 N KL I NG R D,� �. �. ,•� . t yw. �' EPTEMBER 23, 2014 z !t��• _ r f... i* ;t �:L4, 4 -• _:� •..�::r .� _ � 1:.` � � � i .'� ' f; � "�k' ? Packet Pg. 71 ... , . _._.... • - . _ _. .. - r r 1 4L kr. ,' � � • y ( J `. . ; _� _ �, ��r., ti :-r .ram--� � � � .�.' ��a�s��� �. `. _' • . � � � � � , - .•w'! � ,�''i � v.�� . i, •,yeti• ` ,�� . _ .�L"`.w+�{� •� ,. — - - y : � t \ ��+t• �� _ t �� 8.C.5.b BOARD OF COUNTY COMMISSIONERS COUNTY s a • REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RAYMOND R. AND CAROLE A. VILLANOVA 199 TUMBLIN KLING RD. FORT PIERCE, FL 34982 PLANNING & DEVELOPMENT SERVICES 9/24/14 Case Number: 81849 1. Pursuant to the provisions Appendix A -Local Acts, Article VII Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, you are hereby notified of the following, on September 22, 2014, the undersigned officer inspected the following property: 199 TUMBLIN KLING RD FORT PIERCE, FL 34982 Tax ID number: 2434-803-0002-000/8 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 10/1/14, at 9 AM or as soon thereafter as may be heard in the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners to bring the property into compliance and charge the violator with the reasonable cost along with the fine imposed pursuant to this section. The cost may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772) 462-1571. Method of delivery. CERTIFIED Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Packet Pg. 74 8.C.5.b Violations found on case 81849 Ordinance 13.08.01 SLC LDC ADOPTING STANDARD HOUSING CODE Finding SECTION 304.1.1 - UNSAFE CONDITIONS. THE BUILDING IS BURNT BEYOND REPAIR AND IS STRUCTURALLY UNSOUND AND A PUBLIC SAFETY ISSUE. Friday, September 26, 2014 Page l of l Packet Pg. 75 Property Appraiser - St.Lucie County, FL Page 1 of 1 8.C.5.b PROPERTY RECORD CARD Raymond R Vlilanova Record: 1 of l <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Address: 199TUMBLIN KLING RD ParcellD: 2434-803-0002-000.8yCIEC�lU Sec/Town/Range: 34 :35S AOE Account #: 33602 Map ID: 24/348 Use Type: SF Res r Zoning: RS-4 City/Cnty: Saint Lucie County Ownership and Mailing Legal Description Owner: Raymond R Villanova Carole A Villanova CARDINAL GLEN W 135 FT LOT 2 (OR745-0036) Address: 199 Tumblin Kling Rd Fort Pierce FL 34982-6837 Sales information Assessment 2014 Total Land and Building Date Price Code Deed BooklPage 2014 TRIM: 147200 Land Value: 41400 Acres: 0.94 6/17/1991 130000 00 WD 0743 / 0036 Assessed: 146668 Building Value: 105800 11/5/1990 0 01 QC 0715 / 0170 Ag.Credit: 0 Finished Area: 2646 SgFt 8/1/1982 21000 00 CV 0382 / 0373 Exempt: 50000 6/1/1981 17500 00 CV 0358 / 1582 Taxable: 96668 Taxes: 2095.28 BUILDING INFORMATION !PI ! IN IG lPO -a rPe E�x+Y R U W E(Q!b! (G1 a � pnrM (d0) Exterior Features - View: RoofCover: SA - Asph Shingle RoofStruct: GA - Gable ExtType: HC- - HC- Year8lt: 1987 Frame: Grade: C- - C- EffYrBR: 1987 PrimeWall: CB - Cedar Sd/Btn StoryHght: 0020 - 2 Story No.Units: 1 SecWall: Interior Features Bed Rooms: 3 Electric: MX - MAXIMUM PrmintWall: DW - Drywall FullSath: 2 HeatType: FHA - FtodHotAir AvgHt/FI: STD 1/213ath: 1 HeatFuel: ELEC - Electric Prm.Flors: CU - Carpet %A/C: 100 %Heated: 100 %Sprinkled: 0 Special Features and Yard Items Land Information Type YIS Qty. Units Qual. Cond. YrBIL No. Use Type Type Measure Depth SDSF - SITE DEV S-F Y 1 i AV AV 2001 1 0100-SF Res 214 -Front Ft 135 303.81 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. httn-//www naclo nra/nacir/nrn girl brim Packet Pg. 76 8.C.5.c BOARD OF COUNTY COMMISSIONERS BUILDING OFFICIAL REPORT September 23, 2014 Raymond R. and Carole A. Villanova 199 Tumblin Kling Rd. Ft. Pierce, FL 34982 Re:199 Tumblin Kling Rd., Ft. Pierce, Florida To Raymond R and Carole A. Villanova: PLANNING & DEVELOPMENT SERVICES DEPARTMENT Building & Code Regulation Division POSTER �o Pursuant to the provisions Appendix A- Local Acts, Article VII Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, the St. Lucie County Building Official has determined the structure located at 1" Tomblin Kling Rd., Ft. Pierce, FL is damaged, deteriorated or defective to such an extent that the cost of restoration of repair thereof will exceed fifty (50) per cent of the value thereof after restoration or repair. The significantly damaged building is manifestly unsafe and unsanitary for use as a single family dwelling. This buildingin its current` Condition constitutes a public nuisance. Specific conditions which exist includes Three story wood frame home is burnt beyond repair and is currently structurally unstable and a public safety issue. The property must be brought into compliance by demolishing the structure within thirty (30) days or this property will be brought before the Board of County Commissioners for condemnation consideration. If you need todiscuss this matter further, you can reach me at (772) 462-1553. Y ; Thank you, //�� '4 �ZZ _ _ ~ It= Code Administrator Official — St. Lucie County CHRIS DZADOVSKY, District No. I • TOD MOW ERY, District No. 2 • PAULA A. LEWIS, District No. 3 . FRANNIE HUTCRINSON, District No. 4 • KIMM JOHNSON, District No. 5 Webs4te. www.sUuclm.00v 2300 VUSinia Avenue - Fort Pierce, FL. 34982-5652 Phone (772) 462-1553 FAX (772) 462-1578 Packet Pg. 77 8.C.6 ITEM NO. (ID # 2886) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *CONSENT AGENDA\COUNTY ATTORNEY Veterans Nursing Home - Culpepper & Terpening, Inc. Work Authorization #55 On March 4, 2014, the Board authorized the Chair to send a Letter of Intent to FDVA expressing St. Lucie County's interest in providing a site for a State Veterans' Nursing Home. A copy of the letter that was sent by the Board Chair is attached. As indicated in the February 25 letter the region that includes St. Lucie County has an estimated 279,000 veterans of whom 118,000 are over the age of 65. The closest existing State Veterans' Nursing Homes are in Pembroke Pines to the south and in Daytona Beach to the north. The deadline for submittal of a formal application was May 14, 2014, which the County met. The facility will provide 120 beds for veterans in our region and will create approximately 190 jobs. On May 6, 2014, the Board of County Commissioners approved a Donation Agreement with Tradition Land Company, LLC for a 28 acre parcel for a State Veterans' Nursing Home. On May 8, 2014, Tradition Land Company, LLC conveyed a 28.511 acre parcel to St. Lucie County for a State Veterans' Nursing Home. St. Lucie County continues to collaborate on land development requirements and design plans with FDVA, the Florida Department of Management Services (FDMS), the City of Port St. Lucie, and architects and contractors selected by the State. To expedite the site planning and plat process, FDVA and FDMS requested the County seek plat approval from the City of Port St. Lucie. To accomplish the requirements stated above the County obtained the services of Culpepper & Terpening, Inc. to assist with the site selection criteria package; attend site selection visit and prepare display boards; obtain permits from U.S. Army Corps of Engineers and South Florida Water Management District; update boundary survey; attend meetings with site development professionals; prepare the plat Packet Pg. 78 8.C.6 and topographic and tree survey. Board approval of this small -dollar Work Authorization Amendment is necessary as we have exceeded the $50,000 threshold (by $1,680). PREVIOUS ACTION: March 24, 2014 - Assistant County Administrator executed Work Authorization #55. June 23, 2014 - County Administrator executed the First Amendment to Work Authorization #55. September 8, 2014 - County Administrator executed the Second Amendment to Work Authorization #55. November 21, 2014 - County Administrator executed the Third Amendment to Work Authorization #55. December 24, 2014 - County Administrator executed the Fourth Amendment to Work Authorization #55. February 18, 2015 - County Administrator executed the Fifth Amendment to Work Authorization #55. FINANCIAL IMPACT: There is sufficient funds available in account string #001-1515-531000-100 (Economic Development - Professional Services). RECOMMENDATION: Staff recommends Board approval of the Sixth Amendment to Work Authorization #55 in the amount of $1,640 and authorization for the Chair to execute documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Updated: 5/18/2015 11:03 AM by JoAnn Riley Page 2 Packet Pg. 79 8.C.6.a WORK AUTHORIZATION NO. 55 CONTRACT COS-04-171 FOR CONTINUING PROFESSIONAL SURVEYING SERVICES THIS WORK AUTHORIZATION is made as of the z �4-k day of MMJ, 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Surveyor'. WITN ESSETH: WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement (Contract No. C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 6, 2008, the COUNTY entered into a First Amendment to the April 5, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term. WHEREAS, pursuant to the Contract, the Surveyor is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: LO 1. PROJECT: LO _ O Z The COUNTY has determined that it would like to complete a project described below: Q Veterans' Nursing Home Section 17-37-39 - Pod 25 E (hereinafter referred to as "the Project".) Q 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the Surveyor in the completion of the Project, to provide professional surveying services for the Project under the pricing, terms and conditions of the continuing contract (C05-04-171). The services to be provided by Surveyor on 1 Packet Pg. 80 8.C.6.a the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and made a part of this work authorization and incorporated herein. 3. COMPENSATION. - The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of fourteen thousand three hundred ninety and 00/100 dollars ($14,390.00), as further detailed in Exhibit "A." 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. S. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Surveyor shall commence work per the written Notice To Proceed, and shall complete all work as further described in Exhibit "A." C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Surveyor, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Surveyor under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple 00 copies, each of which shall be considered an original on the following dates. N LO LO 6 WITNESSES: ST. LUCJE COUNTY FLORIDA Z Q BY: COUNTY ADMINIST OR E Date: r r Q APPROVE"" TO LEGAL FORM AND CORRECT NESZ&- # _ Ao, 9 ) COUNTY 2 Packet Pg. 81 8.C.6.a WITNESSES: S:\ATTY\AG R E E M NT\W O R K.AUT�C& T- W AS S. wpd CULPEPPER & TERMING, INC. -� BY: Print Name:snpw 16 MA-INtb Title: Sts-KI IOt VICZ N(616 W r- Date: 3 Ls1/14 LO LO O Z Q r C d E t v R .r .r Q Packet Pg. 82 8.C.6.a Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance St. Lucie County Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Horne within the County. The initial phase of the work effort involves a Site Selection Criteria package submittal to the Florida Department of Veterans' Affairs. The County desires assistance in the Site Selection Criteria application package for Pod 25 located within the Tradition development. The assistance will include consultant management of geotechnical and environmental professionals, boundary survey, infrastructure verification, and assistance with re -zoning of the proposed site. The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04-171 The scope of services, schedule and compensation are defined herein. SCOPE OF SERVICES — Exhibit A The Services to be provided shall include preparation of a boundary survey sketch and description and assisting in the management of specific professional services related to the Site Selection Criteria package for the proposed location, Specific services are detailed in the following tasks: Task 1: Boundary Survey: Consultant shall prepare a boundary survey of Pod 25 located within the Tradition development. The survey shall include the property required to physically connect Pod 25 to Tradition Parkway along with review of the tide policy. A sketch and description of the parcel shall be provided for the Site Selection Criteria Package. Task 2: Consultant Management: Consultant shall provide assistance to the County in the management of the professional consultant needed for the geotechnical and environmental LO portions of the Site Selection Criteria Package. The County shall engage the geotechnical o z and environmental consultants. Q Task 3: Rezoning Assistance: Consultant shall provide assistance with the rezoning of the property c through the City of Port St. Lucie. The City of Port St. Lucie shall be the lead agency with E respect to the rezoning process. Consultant shall provide exhibits and representation at required meetings on behalf of St. Lucie County for the rezoning submittal and approval process. Meeting attendance is based upon the City's approval process which includes Site Q plan Review Committee, Planning & Zoning Board and City Council. Task 4: Concurrency Infrastructure Verification: Consultant shall review the availability of infrastructure to the site related to concurrency issues and provide a letter of verification. Infrastructure shall include roadway access, storm water discharge, potable water, sanitary sewer, power, telecommunications, natural gas, and refuse collection. Page I of 2 Packet Pg. 83 8.C.6.a Deliverables shall include the following Boundary Survey & Sketch S2f Description Infrastructure Verification letter Assumptions/Clarifications: • All work based on Pod 25 located in Tradition., Port St. Lucie. • Geotechnical & Environmental professional reports provided by Client. • Rezoning application and fees provided by Client. • Rezoning schedule based upon St. Lucie County/Port St. Lucie application submittal. These items may be added by additional work authorizations. SCHEDULE — Exhibit B Work will commence upon written notification to proceed. Invoices -.viU be submitted monthly. Duration of the work is estimated as 60 calendar days. All work shall be completed no later than May 12, 2014*. * based upon rezoning application submittal by Port St. Lucie/St. Lucie County. COMPENSATION - Exhibit C Services will be provided in accordance with the Continuing Services Contract No. C05-04-171. Payment will be as follows: Task 1: Boundary Stet=ey $ 6,500.00 Task 2: Consultant Management $ 1,170.00 Task 3: Rezoning Assistance $ 4,395.00 Task 4: Concurrency Infrastructure Verification $ 2,325.00 The total fee is not to exceed $ 14,390.00 � G VA These costs are based on estimated hours. Actual payment will be made based on actual hours expended as directed by St. Lucie County. c • m Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant r Agreement. Q Page 2 of 2 Packet Pg. 84 8.C.6.b i'T AMENDMENT TO WORK AUTHORIZATION NO, 5S CONTRACT COS-04171 FOR CONTINUING PROFESSIONAL. SURVEYING SERVICES THIS WORK AUTHORIZATION Is made as of the day of L 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Fbri a, hereinafter referred to as the "County" and CULPEPPER & TERPEN€NG, INC, hereinafter referred to as the "Surveyor". WITNESSETH: WHEREAS, on April 5, 2005, the COUNTY entered Into a Professional Surveying Services Agreement (Contract No, C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 6, 2008, the COUNTY entered Into a First Amendment to the April S, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term; and WHEREAS, pursuant to the Contract, the SURVEYOR Is to provide the professional services as outlined In this individual work authorization; and, WHEREAS, it is necessary to amend Work Authorization No. 55 to authorize additional work by the Surveyor for assisting the County with the preparation of the site Visit by the selection committee for the Veterans' nursing Home to be located on Pod 25 within the Tradition Development NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which 1s hereby acknowledged by each party, the parties who are legally bound, hereby agree Exhibit "A" of Work Authorization No. 55 Is amended to Include additional work and additional compensation for the time period indicated as stated in Exhibit "A-1" attached hereto and made a part of the Amendment; all services will be provided in accordance with the terms and conditions of the Continuing Contract as If those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization No. 55 shall remain In full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Work Authorization In multiple copies, each of which shall be considered an original on the following dates. Packet Pg. 85 8.C.6.b WITNESSES; �rrrw S'�ATW6RUMNT%YMAKALrl\Ci1 WASS-IA,wpd ST. LUCIE LEGAL FORM AND COUNTY CULPEPPER & TERPENING, INC. BY: Pr#nt Dame• Vale: Packet Pg. 86 8.C.6.b Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance Amendment No. 1 —Site Visit Assistance Continuing Services Contract C05-04-171 Work Authorization No. 55 St. Lucie County Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Home within the County_ The initial phase of the work effort involves a Site Selection Criteria package submittal to the Florida Department of Veterans' Affairs, The County desires assistance in the Site Visits for Pod 25 located with the Tradition development. The assistance will include development of display boards, preparation for and attendance at the site visit. The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04- 171. The scopt of services, schedule and compensation are defined herein. ECOPE_OF SERVICES — Exhibit A The Services to be provided shall include preparation of materials to be provided at the Site Selection visit by the selection committee for the proposed location. Specific services are detailed in the following tasks: Task 1; Site Visit Assistance: Consultant shall prepare no more than four (4) display boards highlighting the virtues of St. Lucie County and the specific site offered for the Veterans' Nursing Home. The display boards shall be based upon information provided by both Tradition Development Company and the St. Lucie County application package. Consultant shall also prepare for and attend the States's site selection field review of the property offer by St. Lucie County. Deliverables shall include the following Dispia Boards Assumptions/Clarifications; • All work based on Pod 25 located in Tradition, Dort St. Lucie. • Display Board information to be provided by Client These items may be added by additional work authorizations, Page] of 2 Packet Pg. 87 8.C.6.b Work will commence upon written notification to proceed, Invoices will be submitted monthly, Durapon of the work is estimated as 15 calendar days. All work shall be completed no later than June 18, 2014. CUMPENSATIONi Services will be provided in accordance with the Continuing Services Contract No, C05-04-171. Payment will be as Follows: Task 1: Site Visit Assistance S 4,270.00 The total fee is not to exceed $ 4,270.00 These costs are based on estimated hours. Actual payment will be made based on actual hours Expended as directed by St. Lucie County. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement, Page 2 of 2 Packet Pg. 88 8.C.6.c Romp COUNTY f L A R 1 D A 2"d AMENDMENT TO WORK AUTHORIZATION NO. 55 CONTRACT C05-04-171 FOR CONTINUING PROFESSIONAL SURVEYING SERVICES THIS WORK AUTHORIZATION is made as of the C� day of 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Surveyor". WITN ESSETH: WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement (Contract No. C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 6, 2008, the COUNTY entered into a First Amendment to the April 5, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term; and WHEREAS, pursuant to the Contract, the SURVEYOR is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, it is necessary to amend Work Authorization No. 55 to authorize additional work by the Surveyor for assisting the County with the procurement of permits from the U.S. Army Corps of Engineers (ACOE) and South Florida Water Management District (SFWMD) for the proposed Veterans' Nursing Home to be located on Pod 25 within the Tradition Development NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree Exhibit "A" of Work Authorization No. 55 is amended to include additional work and additional compensation for the time period indicated as stated in Exhibit "A-1" attached hereto and made a part of the Amendment; all services will be provided in accordance with the terms and conditions of the Continuing Contract as if those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization No. 55 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Work Authorization in multiple copies, each of which shall be considered an original on the following dates. 1 Packet Pg. 89 8.C.6.c WITNESSES: \k. t i -"J 5:\ATTY\AGRE FM NT\W 0 RK.AUT\C&T- WA55-2A.wpd ST. LUCIE COq TY, BY: N COUNTY AD N TRATOR Date: /� APPROVEDAS TO LEGAL M AND CORRECTNM4 /J NTY A Date: CULPEPPER & TERPENING, INC. BY: 0,q6,4- Print Name: 5<< IuA04C Title: S;&?j at 1i] at "stow Date: 1 V Lo Q a� c a� Q. L ca L Q Q a� Q. U a� E 0 x a� c N L 7 Z 0 c c� L r co Go N Lo Lo 2 Packet Pg. 90 8.C.6.c Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance Amendment No. 2 — Permitting Assistance Continuing Services Contract C05-04-171 Work Authorization No. 56 St. Lucie County Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Home within the County. The Site Selection Committee has ranked St. Lucie County as their first choice. The County desires assistance in procuring permits from both the US Army Corps. of Engineers (ACOE) and the South Florida Water Management District (SFWMD) for the development of the site. The assistance will include development of a conceptual site plan and associated calculations that will be in sufficient detail to allow permit application to be made. The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04- 171. The scope of services, schedule and compensation are defined herein. SCOPE OF SERVICES — Exhibit A The Services to be provided shall include preparation of materials to be provided to the permitting agencies. Specific services are detailed in the following tasks: Task 1: ACOE Permit Assistance: Consultant shall prepare a conceptual site plan for the proposed LO Veterans Nursing home in sufficient detail to allow St. Lucie County to submit a permit c application to the ACOE for removal of the two (2) existing wetlands within the central Z portion of the site. The conceptual site plan shall be based upon the most recently completed Veterans Nursing home located in St. Augustine, Florida and meet the City of o Port St. Lucie base requirements. c The work effort shall also include the preparation of typical wetland fill exhibits as required by the ACOE. Task 2: SFWMD Permit Assistance: Consultant shall prepare preliminary master drainage calculations and submit a permit modification application to the SFWMD for the development of the master drainage system. The calculations shall provide the amount of water quality and storm water attenuation required for the proposed site. The application shall include the size and location of the proposed wet detention system. The application shall provide a modification to the currently approved conceptual single family development in favor of the proposed institutional building Pagel of 2 Packet Pg. 91 8.C.6.c Deliverables shall include the following: • Conceptual Site Plan • ACOE Wetland Fill Exhibits • Preliminary Master Drainage Calculations • SFWMD Permit Modification Application Assumptions / Clarifications: • All work based on Pod 25 located in Tradition, Port St. Lucie. • Conceptual Site Plan generally based upon the St. Augustine Veterans Nursing Home and the City of Port St. Lucie Land Development Standards. • St. Lucie County will prepare and submit the ACOE permit application. • Drainage Basin model to be provided by original property owner. These items may be added by additional work authorizations. SCHEDULE — Exhibit B Work will commence upon written notification to proceed. Invoices will be submitted monthly. Duration of the work is estimated as 90 calendar days. All work,shall be completed no later than December 31, 2014. LO COMPENSATION — Exhibit C "' Services will be provided in accordance with the Continuing Services Contract No. C05-04-171. Payment will be as follows: Task 1: ACOE Permit Assistance $ 7,550.00 Task 2: SFWMD Permit Assistance $ 7,360.00 The total fee is not to exceed $14,910.00 These costs are based on estimated hours. Actual payment will be made based on actual hours expended as directed by St. Lucie County. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement. Page 2 of 2 Packet Pg. 92 B.C.e.c J� Ci § § z ®/ § � ka \/k)CL § (})ƒ\{ LuW Lu � ()j)/ Kkk))) 2 # � E � � k \ ƒ � / � . E / $ 7 / o _ 7 \ # \ 2 / \ k � ( 7 k C14 / 2 z ; 0 / } k E 2 E * ) « 2 o 4) ) > Y) b E } § 2 a_ « \ ,# /\ Packet Pg. 93 8.C.6.d COUNTY F L 0 R J 'D A 3" AMENDMENT TO WORK AUTHORIZATION NO. 55 CONTRACT C05-04-171 FOR CONTINUING PROFESSIONAL SURVEYING SERVICES THIS WORK AUTHORIZATION is made as of the 21" day of NOVEMBER 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Surveyor". WITNESSETH: WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement (Contract No. C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 6, 2008, the COUNTY entered into a First Amendment to the April 5, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term; and WHEREAS, pursuant to the Contract, the SURVEYOR is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, it is necessary to amend Work Authorization No. 55 to authorize additional work by the Surveyor for assisting the County with an update to the current survey for transfer of the property to the State of Florida for the proposed Veterans' Nursing Home to be located on Pod 25 within the Tradition Development NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree Exhibit "A" of Work Authorization No. 55 is amended to include additional work and additional compensation for the time period indicated as stated in Exhibit "A" attached hereto and made a part of the Amendment; all services will be provided in accordance with the terms and conditions of the Continuing Contract as if those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization No. 55 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Work Authorization in multiple copies, each of which shall be considered an original on the following dates. i Packet Pg. 94 8.C.6.d WITNESSES: 5:\A TTY\ A G R E E M N T\ W O R K. AU T\C &T- W A5 5.3 A. w p d ST. LUCIE CO ORIDA BY: /✓ C AUNTY AEWINISTRA OR Date: 2 APPROVED A O LEGAL FOR AND CORRECTN ESS- Q. L r COUNTY AT `i'/� CULPEPPER & TERPENING, INC. BY: cil Print Name: K MPxfj-Z4q Title: SGRilb'? )s.CIC �u lrk.uulr Date: a Packet Pg. 95 8.C.6.d Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance Amendment No. 3 — Update Survey Continuing Services Contract C05-04-171 LO Work authorization No. 55 Q St. Lucie County c aD Q. L Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Home within the County. The Site 06 L Selection Committee has ranked St. Lucie County as their first choice. The County desires a assistance in providing an updated survey of the parcel for transfer to the State of Florida. The updated survey will be prepared after certain physical changes have been made to the site. The survey shall also be provided in State Plane Coordinates and certified to the Board of Trustees of the v Internal Improvement Trust Fund of the State of Florida. d The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04- 171. The scope of services, schedule and compensation are defined herein. SCOPE OF SERVICES — Exhibit A The Services to be provided shall include preparation of materials to be provided to the permitting agencies. Specific services are detailed in the following tasks: Task 1: Updated Boundary Survey: Consultant shall prepare an update to the Boundary Survey for transfer of the property to the State of Florida. The update shall be prepared upon completion of the fence relocation and abandonment of the existing access easement. The survey shall be certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Title Company and underwriter. The Surveyor shall review and note all Schedule B-II title exceptions. The Survey shall be tied to the State Plane Coordinate system. Task 2: Meeting Attendance: Consultant shall prepare for and attend meetings with the site development professionals as requested to assist with exchange of information for the design process. Deliverables shall include the following: • Update Boundary Survey • Legal Description as a Word Document Assumptions/Clarifications: • All work based on Pod 25 located in Tradition, Port St. Lucie. These items may be added by additional work authorizations. Page 1 of 2 Packet Pg. 96 8.C.6.d SCHEDULE — Exhibit B Work will commence upon written notification to proceed. Invoices will be submitted monthly=. Duration of the work is estimated as 90 calendar days. All work shall be completed no later than December 31, 2014. COMPENSATION — Exhibit C Sevcices will be provided in accordance with the Continuing Services Contract No. C05-04-171. Payment will be as follows: Task 1: Updated Boundary Survey $ 2,975.00 Task 2: Meeting Attendance 3 2,730.00 The total fee is not to exceed $ 5,705.00 These costs are based on estimated hours. Actual payment will be made based on actual hours expended as directed by St. Lucie County. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement. Page 2 of 2 Packet Pg. 97 8.C.6.e COUNT F L'0 R I :D A 4TH AMENDMENT TO WORK AUTHORIZATION NO. 55 CONTRACT COS-04-171 FOR CONTINUING PROFESSIONAL. SURVEYING SERVICES THIS WORK AUTHORIZATION is made as of the 24`h day of DECEMBER 2014, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Surveyor". WITNESSETH: WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement (Contract No. C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 5, 2008, the COUNTY entered into a First Amendment to the April 5, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term; and WHEREAS, pursuant to the Contract, the SURVEYOR is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, it is necessary to amend Work Authorization No. 55 to authorize additional work by the Surveyor for assisting the County with the preparation of a Piat for the property to be transferred to the State of Florida for the proposed Veterans' Nursing Home to be located on Pod 25 within the Tradition Development NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree Exhibit "A" of Work Authorization No. 55 is amended to include additional work and additional compensation for the time period indicated as stated in Exhibit "A" attached hereto and made a part of the Amendment; all services will be provided in accordance with the terms and conditions of the Continuing Contract as if those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization No. 55 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Work Authorization in multiple copies, each of which shall be considered an original on the following dates. Packet Pg. 98 8.C.6.e WITNESSES: �] r r. 1� WITNESSES: 5 c\ATTY\AG REEM NTXWO RN.AUT\C&T-WA55-4A.wpd ST. LUCIE COU , FLgRIDA it BY: k f C NTY ADS / IN/I/STRAT Date: IOC a7 APPROVED TO LEGAL FO M AND CORRECTNE COUNTY ATT N Date: CULPEPPER & TERPENING, INC. BY: C, r Print Name: Title: <,tr'Q UA yiC4E j)LLSt&'N r' Date: 1,7. 11 q JILI Packet Pg. 99 8.C.6.e Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance Amendment No. 4 — Plat Continuing Services Contract C05-04-171 Work Authorization No. 55 St. Lucie County Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Home widlin the County. The County desires assistance in providing a plat of the subject property in accordance .with the City of Pout St. Lucie Standards and Florida Statutes Chapter 177 for platting requirements. The work effort shall include the processing of the plat through the City of Port St. Lucie approval process. The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04- 171. The scope of services, schedule and compensation are defined herein. SCOPE OF SERVICES — F%hibit A The Services to be provided shall include preparation of materials to be provided to the permitting agencies. Specific services are detailed in the following tasks: Task 1: Plat Preparation, Consultant shall prepare a plat of the property to be transferred to the State of Florida. The plat shall be prepared in accordance with the requirements of the City of Port St. Lucie and Tradition Community Development District. Work shall include setting the required Permanent Reference Monuments (PRM's) and processing the Plat for recordation. Task 2: Meeting Attendance: Consultant shall prepare for and attend meetings for the plat approval process. The meetings shall include the Site Plan Review Committee meeting, Traditon CDD Review, Planning & Zoning Board Meeting and City Council meetings. Deliverables shall include the following. • Plat of Property Assumptions/Clarifications: All work based on Pod 25 located in Tradition, Port St. Lucie. These items may be added by additional work authorizations. Page] of 2 Packet Pg. 100 8.C.6.e SCHEDULE — Exhibit B Work will commence upon written notification to proceed. Invoices will be submitted monthly. Duration of the work is estimated as 90 calendar days. All work shall be completed no later than March 31, 2015. COMPENSATION — Exhibit C Services will be provided in accordance with the Continuing Services Contract No. C05-04-171. Payment will be as follows Task 1: flat $ 4,165,00 Task 2: Meeting Attendance $ 2,015.00 The total fee is not to exceed $ 6,180,00 These costs are based on estimated hours. Actual payment will be made based on actual hours expended as ditected by St. Lucie County. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement. Page 2 of 2 Packet Pg. 101 8.C.6.e U a` 0 v Uc Q""i7 LU �Z CL 0 C J r d 7 L v� a oL_ m 75 fi 7 N ; O �y m a � G g Z V � tV 4 � C � dt C m m w m a m O. a U IN N N N w tll Q p� 6 w w rr r e9 O Cn w U_ w N w w 0 L � a o m �rff c o 0 w i�a mN T'V Ix 2U2�ii cp f�0-8 [V Y N u LO g LO o z 0 2 O r_ C E 9 o E c � O w iy i .. C o � 9 0 v � S C> aEf � r r a Q a „ o m N M U Packet Pg. 102 8.C.6.f COUNTY7A: F `L 0 R I 5T" AMENDMENT TO WORK AUTHORIZATION NO. 55 CONTRACT C05-04-171 FOR CONTINUING PROFESSIONAL SURVEYING SERVICES THIS WORK AUTHORIZATION is made as of the 121h day of FEBRUARY 2015, by and between the ST. EUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CULPEPPER & TERPENING, INC., hereinafter referred to as the "Surveyor". WITNESSETH: WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement (Contract No. C05-04-171) hereinafter referred to as "Contract" with the Surveyor to provide continuing professional surveying services; and, WHEREAS, On May 6, 2008, the COUNTY entered into a First Amendment to the April 5, 2005 Agreement (Contract No. C05-04-171) with the SURVEYOR to amend the original Agreement by removing the three (3) year term; and WHEREAS, pursuant to the Contract, the SURVEYOR is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, it is necessary to amend Work Authorization No. 55 to authorize additional work by the Surveyor for assisting the County with the preparation of a topographic and tree survey for the property to be transferred to the State of Florida for the proposed Veterans' Nursing Home to be located on Pod 25 within the Tradition Development NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree Exhibit "A" of Work Authorization No. 55 is amended to include additional work and additional compensation for the time period indicated as stated in Exhibit "A" attached hereto and made a part of the Amendment; all services will be provided in accordance with the terms and conditions of the Continuing Contract as if those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization No. 55 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Work Authorization in multiple copies, each of which shall be considered an original on the following dates. Packet Pg. 103 8.C.6.f WITNESSES- , c.m WITNESSES: 5:\ATTY\AG REEMNT�W ORK.AUTNUT-W A55.5A.wpd ST. LUCIE CQN1 TY, FLORIDA COUNTY ADMINIStR4TOR f Date: February 18, 2015 APPROVED�\S TO LEGAL FORM AND CORRECTNESS: _ _ . A ./--) COUNTY A Date: CULPEPPER & TERPENING, INC. BY: Print Name: 'S 144Mlf' Title: V14k kc-,i6c-t-T- Date: 01 tS Packet Pg. 104 8.C.6.f Culpepper & Terpening, Inc. Veterans' Nursing Home Approval Assistance Amendment No. 5 — Topographic Survey Continuing Services Contract C05-04-171 Work Authorization No. 55 St. Lucie County Project Description/Objectives: St. Lucie County desires to construct a Veterans' Nursing Home within the County. The County desires assistance in providing a topographic and tree survey of the subject property in accordance with the City of Port St. Lucie Standards and Florida Statutes Chapter 177 for survey requirements. The work effort shall include the preparation of a topographic survey with 1' contour lines extended to a distance of 100' outside the property boundary. The work will be furnished to St. Lucie County under Continuing Services Contract No. C05-04- 171. The scope of services, schedule and compensation are defined herein. SCOPE OF SERVICES — Exhibit A The Services to be provided shall include preparation of materials to be provided to the permitting agencies. Specific services are detailed in the following tasks: Task 1: Topographic & Tree Survey: Consultant shall prepare a topographic survey of the property to be transferred to the State of Florida. The survey shall be prepared in accordance with the requirements of the City of Port St. Lucie and in accordance with Florida Status Chapter 177. The topographic survey shall result in 1' contour lines extended to a distance of 100' outside of the property boundary. The vertical datum shall be North American Vertical Datum (NAVD) 1988 as required by the City of Port St. Lucie. Existing trees shall be located in accordance with the requirements of the City of Port St. Lucie. The survey shall also include field location of wetland flagging as provided by others. Deliverables shall include the following: • Topographic & Tree Survey of Property Assumptions /Clarifications: • All work based on Pod 25 located in Tradition, Port St. Lucie. Underground locates not included Wetland Flagging by others These items may be added by additional work authorizations. Page 1 of Packet Pg. 105 8.C.6.f SCHEDULE — Exhibit B Work will commence upon written notification to proceed. Invoices will be submitted monthly. Duration of the work is estimated as 30 calendar days. All work shall be completed no later than March 31, 201S. COMPENSATION — Exhibit C Services will be provided in accordance with the Continuing Services Contract No. C05-04-171. Payment will be as follows: Task 1: Topographic & Tree Survey $ 6,185.00 The total fee is not to exceed $ 6,185.00 These costs are based on estimated hours. Actual payment will be made based on actual hours expended as directed by St. Lucie County. Authorization to work will be provided by a work authorization issued by St. Lucie County. Work will be performed under terms and conditions of our St. Lucie County Consultant Agreement. Page 2 of 2 Packet Pg. 106 ITEM NO. (ID # 2864) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 05/19/2015 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Award of Bid 15-039, Purchase of Bus Shelters On April 19, 2015, an Invitation To Bid No. 15-039 (ITB) was sent to shelter manufacturers for the purchase of specific transit shelter design that was approved by the Regional Transit Organization. Bids were due on May 8, 2015, 143 companies were notified and 11 requested bid packets. Three companies responded and the lowest responsive responsible bidder was Brasco International, Inc. Federal Transit Administration (FTA) America Redevelopment and Reinvestment Act (ARRA) funds will be used to purchase transit shelters. PREVIOUS ACTION: N/A FINANCIAL IMPACT: This contract will be paid with grant funds from FTA ARRA (130102 -4910- 552200-094602). RECOMMENDATION: Staff recommends Board approval to award Bid 15-039 and enter into a contract with Brasco International, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 107 Coordination/Signatures 6yd2er, Community Services Dir r 5/11/2015 Danie 5. McIntyre, Cgifinty ttorney 5/14/2015 Updated: 5/18/2015 3:39 PM by Kelly Phelan Page 2 Packet Pg. 108 8.D.a 3 x T? BUS SHELTER 'a", — I JIM4 E&yArkw 1.4 RP AMEWq�3m'Ef .NYI GSM �16LF blM r7ri 11 ' �w ima� Exhibit "A" M OF OYCAA-M trtoffp Page 1 of 2 Shelter Description Standard bus she ltef size of 5- by 12-foot. Bus shelter shall be a Reverse Barrel Vault Roof as manufactured by Duo -Guard industries, Inc. or equal Iri with the following features: o Clear anodized aluminum finish o Shaded top with a "Stone White" color • Pre -wired, perthe manufacturer, for future electrical service o A 35- by 35-inch (minimum) map display a Bench - a three seat divided hoop style, finish color to match the shelter o front must be fully open M O LO 7 O Z m L tv 3 Q to 00 N Packet Pg. 109 8.D.b BOARD OF COUNTY COMMISSIONERS a OLINT :A7IF L 0 R I D -ii TABULATION SHEET - BID #15-039 Purchase of Bus Shelters OPENED: May 08, 2015 AT 3:30 PM PURCHASING DEPARTMENT Three (3) submittals were received for subject proposal: Bid Amount Brasco International $6,750.00 /each 32400 industrial Drive Madison Heights, MI. 48071 $ 425.00 Engineering Drawings Tolar Manfacturing $6,820.00 /each 258 Mariah Circle Corona, Ca., 92879 Included Engineering Drawings Duo -Gard Industries, Inc. $ 14,300.00 /each 40442 Koppernick Canton, MI. 48187 $1,900.00 Engineering Drawings Number of companies notified*: 143 Number of bid documents distributed*: 11 Number of bids received: 3 *per demandstar.com Packet Pg. 110 8.1.1 ITEM NO. (ID # 2816) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 05/19/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Award of RFP No. 15-022 - Yard Waste Processing & Recycling Services On February 18, 2015, responses to RFP No. 15-022, Processing & Recycling Services for Yard Waste, were opened. Five proposals were received; 243 companies were notified and 20 RFP documents were distributed. The selected contractor shall provide transportation, labor and equipment necessary to process and recycle all yard trash, landscape and land clearing debris at the St. Lucie County Baling and Recycling Facility. On March 19, 2015, the selection committee evaluated the proposals that were received. The committee members' scores for each firm is provided in Attachment A. On April 7, 2015, the Purchasing Division brought an agenda before the Board for the award of RFP No. 15-022, Processing & Recycling Services of Yard Waste, to Russell Payne, Inc of Vero Beach. During contract negotiations Russell Payne informed the County that there were errors made in their proposal. As a result they would not proceed further in negotiating a contract for services with St. Lucie County. PREVIOUS ACTION: On April 7, 2015, the Board approved the award of RFP No. 15-022 to Russell Payne, Inc. FINANCIAL IMPACT: Of the current $26 per ton tipping fee for yard waste, the contractor is paid $14.90 per ton and the County retains the balance or $11.10 per ton. Based on current annual yard waste volume of 45,000 tons, total revenue is estimated at $1,170,000 with the contractor being paid approximately $670,000. The County retains the balance of all revenue or approximately $500,000. Staff recommends Board permission to: Packet Pg. 111 8.1.1 1. Rescind award to Russell Payne, Inc and conduct contract negotiations with Treecycle Land Clearing, Inc; 2. If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney: 3. If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the next highest ranked firm. COMMISSION ACTION: Coordination/Signatures �fIn MAI / e ey epbur e o a Bement & Budget Dire5O/2015 Danie 5. McIntyre, C my ttorney 5/7/2015 N and Tipton, Count Administrate 5/11/2015 Updated: 5/14/2015 3:05 PM by Shane A. De Witt A Page 2 Packet Pg. 112 Attachment B 8.1.1.a BOARD OF COUNTY COMMISSIONERS III 7 6(J NT F L O R[ D A Tabulation Sheet RFP No.15-022 Processing & Recycling Services for Yard Waste Consolidated Resource Recovery, Inc. 3025 Whitefield Ave., Sarasota, FL 34243 Fax: 941-751-6942 Russell Payne, Inc. 5420 41 s' Street, Vero Beach, FL 32967 Fax: 772-778-0104 TAG Grinding Services, Inc. 1750 Power Springs, RD., Suite 190-171, Marietta, GA 30064 Fax: 404-581-5136 Treecycle Land Clearing, Inc. 5019 Terrace South, Lake Worth, FL 33467 Fax: 561-966-8671 Waste Pro 4100 Selvitz Rd., Ft. Pierce, FL 34981 Fax: 561-688-8914 Number of companies notified*: 243 Number of bid documents distributed*: 20 Number of bids received: 5 *per demandstar.com PURCHASING DEPARTMENT 0 z a a_ co co N a� aD c 0 m c a� E 0 R Q N N O LO r-i C d E t 0 R a Packet Pg. 113 8.1.1.b Attachment A Firm Location Experience Price Total Score Rankin Total possible points per committee member 20 25 55 100 Total possible points for four members 80 100 220 400 Russell Payne, Inc 24 95 215 334 1 Treec cle Land Clearing 12 83 150 245 2 TAG Grinding Service 0 90 155 245 2 Consolidated Resource Recovery 12 100 125 237 3 Waste Pro 40 65 130 235 4 a� N L ,0 m U it a� a� c .y N m 0 L N N O LO V- O Z a U- w co oo N C Y C fC 06 N d L 0 C d E t V Q N N O LO C d E t V R a+ a+ Q Packet Pg. 114 8.1.2 ITEM NO. (ID # 2861) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Jennifer Hill, Budget Manager Budget Division GovMax contract amendment DATE 05/19/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET On March 3, 2014, St. Lucie County entered into a three-year contract valued at $154,514.09 with Sarasota County for use of the GovMax system. The contract terms stated that payments were due annually and that after the initial three-year period, the contract would automatically renew for one- year periods. The fees payable under the contract are estimated as follows: Initial Annual Fee: $49,990.00 Second Year Fee: $51,489.70 Third Year Fee: $53,034.39 The contract was approved by the former County Administrator and signed by all parties without requesting Board approval. The County's purchasing policy states that the Board of County Commissioners must approve all contracts in excess of $50,000. While the initial year of the contract was under $50,000, overall the contract exceeds the threshold that requires Board approval. Since the County is obligated under the existing contract and we have put a great deal of effort into implementing GovMax, in order to be in compliance with our purchasing policy, staff recommends that the Board approve an amendment to the contract to accept the fee adjustment for the second, third and any subsequent annual payments. PREVIOUS ACTION: On March 3, 2014, St. Lucie County entered into a contract with Sarasota County for use of the GovMax system. FINANCIAL IMPACT: Funding is available in 001-1955-534110-100 (Software Support Contracts). Packet Pg. 115 8.1.2 RECOMMENDATION: Staff recommends that the Board approve an amendment to the contract to accept the fee adjustment for the second, third and any subsequent annual payments for use of the GovMax system. COMMISSION ACTION: Coordination/Signatures e ey epbur4 bTeo'Y YaWgement & Budget Dire5O/2015 anie 5WMcIntyre,Cc)d6ntyyJttorneY 5/7/2015 Ho and Tipton, Count Administrate 5/14/2015 Updated: 5/18/2015 3:37 PM by Kelly Phelan Page 2 Packet Pg. 116 CIL4-05_o? SARASOTA COUNTY HOSTED APPLICATION SERVICE and LICENSE AGREEMENT THIS HOSTED APPLICATION SERVICE and LICENSE AGREEMENT made and entered into this 3 day of MOY&N 2014, by and between St. Lucie County Board of County Commissioners, hereafter referred to as "LICENSEE", and Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as "LICENSOR". WITNESSETH: WHEREAS, Licensor wishes to grant to Licensee a non-exclusive and non- transferable hosted application service and Agreement, hereinafter referred to as "Agreement" to use the Governmental Management System, hereinafter referred to as "GOVMAX". NOW, THEREFORE, in consideration of the covenants, representations and warranties set forth herein and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties, by their authorized signatures below, hereby agree as follows: I. SCOPE This Agreement applies to version (5.0) of GOVMAX and updates as defined below, and related hosting services, which comply with current ITIL (Information Technology Infrastructure Library) standards. II. DEFINITIONS A. The term "GOVMAX" as used in this Agreement includes the Strategic Planning, Business Planning, Performance Management and Financial Planning systems integrated in GOVMAX and the user guides and administrators manual for GOVMAX. B. The term "Software Enhancement" shall mean additional software functionality or software modules which are optional and which may be purchased by Licensee at an additional fee to be set by Licensor. C. The term "Update" shall include mandatory bug fixes and shall mean mandatory mid -version releases of GOVMAX where the primary version number does not change; for example, an upgrade from version 4.0 to version 4.1, or, a minor change which does not require any update to the version identifier. D. The term "Upgrades" shall mean mandatory full version releases of GOVMAX where the primary version number is increased by one or more; for example, an upgrade from version 4.0 to version 5.0. III. ACCESS AND SERVICES PROVIDED A. Licensor agrees to provide access to GOVMAX to Licensee and such access shall be deemed to have occurred when connection is made GOVMAX Agreement Template Revised 02/08/2014 Page 1 of 12 Packet Pg. 117 8.1.2.a by Licensee by electronic connection via the Internet. Licensee shall be entirely responsible for establishing and maintaining an Internet connection. Licensor shall not be responsible for connection failures, degraded service speed or outages as they relate to Licensee's Internet Service Provider or internet connection. B. Licensor will provide the use of the following equipment, software and services: 1. Coordinate the initial setup process to configure GOVMAX to meet Licensee's individual requirements in the areas of organizational structure and planning, backend systems integration, custom reporting, and any other unique configurable settings to match GOVMAX's operational capabilities to the specific business goals identified by Licensee. The specific hosting services to be provided by the Licensor are itemized herein. Licensor may from time to time engage a third -party service provider to perform services as the need arises. Licensor will negotiate with the Licensee all requests and invoice Licensee on a case -by -case basis for internal or outsourced service hours. 2. Provide Hardware platform, operating system, system application and database maintenance. 3. Perform maintenance and operations control on GOVMAX. 4. Store data and conduct daily backups of database. 5. Provide security of GOVMAX and data. 6. Provide, one 8-hour training session, intended for Licensee's system administration -level users. Additional user training is available at Licensee's site, at Licensor's then -current daily rate, plus travel and living expenses. All travel expenses for trainers will be reimbursed in accordance with Florida Statutes Section 112.061 or Sarasota County Resolution #2010-211, as applicable. Potential participants in training sessions shall have, at minimum, a functional understanding of personal computers and a working knowledge of Microsoft Office products. 7. Provide help desk support to Licensee's Representative or his designee and up to three (3) system administrators during normal working hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time, excluding Licensor's holidays). The parties understand that any support, services, or products will be requested only by persons authorized by the Licensee's Representative to do so. 8. Provide access for maximum of 200 active users and a maximum of 200 named users. An active user is a user logged into the system more than 24 hours per year. A named user is user defined in the system. GOVMAX Agreement Template Revised 02/08/2014 Page 2 of 12 Packet Pg. 118 8.1.2.a C. Any additional related services including ad -hoc reports will be available from Licensor or Licensor's third -party service provider, once specific requirements are provided by Licensee. Estimates for any additional related services will be provided at Licensor's then - current rates. All travel expenses will be reimbursed in accordance with Florida Statutes Section 112,061 or Sarasota County Resolution #2010-211, as applicable. D. Availability and Support. GOVMAX will be available on a supported basis (with help desk support as provided in Paragraph B.7.) and with the additional hosting support described in this Section, during normal working hours. GOVMAX will be available outside of normal working hours on an unsupported basis. Service requests that arise outside of normal working hours shall be addressed the following business day. Additional support can be made available outside of normal working hours with reasonable advance notice upon mutual agreement of Licensor's Administrative Agent and Licensee's Representative. Additional fees may apply to this service. Licensor's Data Center hosting support includes: 1. Operations and Monitoring Services - GOVMAX is supported by an on -site operations team providing 24 x 7 continuous system monitoring; basic problem identification and resolution; escalation and notification; change and problem management; operating system security; data restores; vendor management; and batch scheduling and monitoring within the Licensor's data center ("Data Center"). Support is accessed by telephone at (941) 861-7100. 2. System Administration Services - Systems are supported at the Licensor's Data Center by an on -call system administration team providing hardware/operating system installation, maintenance, updates and upgrades, backup and recovery, hardware security, performance tuning and capacity planning, configuration management and data backup and restoration. I Database Administration Services - On -call database administration teams will support systems located within the Licensor's Data Center. Services included by this team are: hardware and software review (memory, disk volumes, operating system levels and any additional software required); compatibility review with existing software; and technical support; MS SQL Server software installation; support and recovery documentation patch support; database backup software resolution; creation of database backup scripts; automatic notification of event conditions; automatic action on selected events (software failures); security reporting, and capacity planning monitoring (disk, memory, CPU, MS SQL Server licensing, etc.). Licensor will also perform upgrades and patches to the MS SQL Server Relational Database Management System, as published by GOVMAX Agreement Template Revised 02/08/2014 Page 3of12 Packet Pg. 119 8.1.2.a MS SQL Server if determined to be appropriate by the System Administrator. Licensor shall continually measure and report disk utilization for average utilization during 15-minute intervals over a 24-hour period of time. Should average disk utilization exceed 90% over a 24-hour period of time a performance problem will be identified and appropriate problem management procedures evoked by Licensor. 4. Standard System Recovery Services - Licensor shall provide the following data and system recovery services: i. Use disk mirroring and off -site storage (currently provided by Iron Mountain Incorporated, but subject to change at the sole discretion of Licensor) of backup tapes to enable the restoration of service in the event the application database is corrupted and/or damaged. The high -availability architecture enables business continuance at degraded performance levels. In the event that the primary computing resources are made inoperable, GOVMAX will be available at a degraded level of performance. ii. Daily backup of Licensee's data. Licensor stores copies of all backup tapes in an off -site, environmentally controlled, secure archive. Off -site storage is cycled on a daily basis. This service is provided as a means to protect Licensee from total loss of data in the event of a significant site failure. iii. Ensure that all systems purchased by Licensor for use in the performance of the services specified hereunder are equipped with dual power supplies and are provided with commercial power supported by separate uninterrupted power supplies. The Uninterrupted Power Supply (UPS) facilities are composed of battery back-up and diesel generators. The battery back-up services are sufficient to support power transition from primary power to the secondary power provided by the diesel generators. E. Grant of License and Permitted Uses. GOVMAX (including but not limited to the source code and all intellectual property that is created, modified, or reduced to a tangible medium of expression during any services provided or any activities conducted by Licensor pursuant to this Agreement) shall at all times remain the property of Licensor. Licensor hereby states that the Licensor owns GOVMAX free of liens and encumbrances. Licensor grants, and Licensee accepts, a non-exclusive, non -transferable license ("the License") to use GOVMAX in accordance with the provisions of this Agreement. GOVMAX may only be used by Licensee's own personnel for the development of Licensee's operating and/or capital budget(s) and for management use. Licensee agrees to GOVMAX Agreement Template Revised 02/08/2014 Page 4 of 12 Packet Pg. 120 8.1.2.a take reasonable precautions to provide adequate security to use and provide access to GOVMAX only as permitted by this Agreement. F. Prohibited Uses. Licensee recognizes that GOVMAX was developed by Licensor and that Licensor claims copyright protections in GOVMAX to the fullest extent provided by law and Licensee agrees that it will not infringe upon or otherwise violate Licensor's copyright. Licensee shall not sell, assign, license, sublicense, transfer, allow the use of, or otherwise convey any of its rights to GOVMAX provided under this Agreement to any third party, any other governmental, or non -governmental entity without Licensor's prior written consent, which consent Licensor shall have the right to either grant or deny in its sole discretion. G. Software and Licensing Requirements. In order to operate GOVMAX, additional third party software licenses may be required. It is the responsibility of Licensee to acquire all necessary third party licenses and to maintain sufficient numbers of such licenses to operate GOVMAX and to satisfy all Agreement requirements by third parties. The following represent the minimum requirements of Licensee: 1. Desktop computers and/or terminals with power and network capacities sufficient to support high-speed internet access for Licensee's users. 2. Security at the desktop or terminal location. 3. All table data in Licensor's required format and media. In the event Licensee intends or endeavors to create or design reports separate from those created or designed by Licensor, Licensee must have properly -licensed, updated and maintained versions of the necessary third -party software (currently Crystal Developer). Specific information regarding technical requirements for user -designed reports should be requested from Licensor prior to Licensee's undertaking the report creation and design. H. Data Ownership. Licensee is the sole owner of its data and as such will be provided with access to all databases as requested. Licensor recognizes that such data may contain material exempt from disclosure under State of Florida public records laws and will turn over to Licensee for response any request from a third party for access to or copies of said data. IV. TERM A. The term of this Agreement shall commence upon execution of the Agreement by both parties and shall continue for three (3) years thereafter, or until such earlier date on which this Agreement is terminated as provided herein. Provided the Licensee is not in default under the terms of this Agreement, the Agreement shall automatically renew for one-year periods. These automatic renewals shall continue until the Agreement is terminated by GOVMAX Agreement Template Revised 02/08/2014 Page 5 of 12 Packet Pg. 121 8.1.2.a either party in accordance with Section VI hereunder. The terms and conditions during any renewal periods shall be as stated herein unless modified through the execution of a written Amendment to this Agreement, signed by the duly authorized representatives of both parties. V. FEES A. Annual Fee. The initial annual fee ("Fee") of forty-nine thousand, nine hundred ninety dollars, ($49,990.00) for this Agreement shall be due upon completion of System Administrator training of Licensee by the Licensor. In subsequent years, the Fee shall be due on the anniversary date of final contract signature date of Sarasota County unless otherwise agreed in writing by the parties. B. Fee Adjustment: The Fee shall be increased annually in direct proportion to the percentage increase in the cost of living as determined by the Consumer Price Index, U.S. City Average, all items (1967 = 100), published by the U.S. Bureau of Labor Statistics of the U.S. Department of Labor, or any revision equivalent thereto published by the Bureau; or three percent (3%) of the preceding year's base Fee cost, whichever is greater. In no event shall the annual Fee for any year decrease below the annual Fee for the preceding year. C. From time to time Licensor may add Updates or Upgrades to GOVMAX. The fee for Updates is included in Licensee's Fee. Upgrades represent major changes and may require, at Licensor's sole discretion, a separate implementation charge and/or an increase in the Fee as specified hereunder. Upgrades and Updates are mandatory once made available by Licensor and their implementation may only be waived at the sole discretion of Licensor. Upgrades will be implemented by Licensor on a date to be mutually agreed between the parties, but not less than twenty- four (24) months from the date the Upgrade is first made available to Licensee. Within forty-five (45) days of implementation of an Upgrade, an invoice will be issued to the Licensee for a one time implementation fee, if deemed applicable by Licensor, and the annual price of the Upgrade on a prorated basis to cover the remainder of the Fee for the current year. The Fee in subsequent years will be adjusted to include the price of the Upgrade. D. Should Licensee refuse the implementation of a mandatory Upgrade, Licensor shall continue full support under the terms of this Agreement for a twenty-four (24) month period following the date the Upgrade is first made available to Licensee. At the conclusion of the twenty-four (24) month period, Licensor, at its sole option, shall determine whether to continue offering support or to terminate this Agreement in accordance with Section VI below. Should Licensor opt to continue offering support under this Agreement to Licensee, the Fee specified hereunder may be increased by such additional amount as Licensor in its sole GOVMAX Agreement Template Revised 02/08/2014 Page 6of12 Packet Pg. 122 8.1.2.a discretion deems reasonable, and all other provisions of this Agreement shall apply. Licensor's choice to continue supporting Licensee's un-upgraded version of GOVMAX shall apply only to the then -current term of the Agreement and shall not obligate Licensor to continue offering said support in subsequent renewal terms. VI. TERMINATION OF AGREEMENT A. If the Licensee is in material breach or default, including non- payment of any Fees, which is not cured within thirty (30) days after receipt of the written notice of breach or default, then Licensor's Administrative Agent may terminate this Agreement upon thirty (30) days prior written notice. B. If the Licensor is in material breach or default, including failure to perform as provided in Section III Access and Services Provided which is not cured within thirty (30) days after receipt of the written notice of breach or default, then Licensee may terminate this Agreement upon thirty (30) days prior written notice. Licensee may also terminate this Agreement for its convenience and without cause upon sixty (60) days prior written notice. C. In the event GOVMAX is no longer available at any cost through Licensor or any other entity, public or private, Licensee may elect to purchase a copy of the system code described in this Agreement, for the sole use of the Licensee, for a purchase price in an amount equal to the then -market value of the applicable version of GOVMAX as determined by an independent appraiser to be hired by Licensor and approved by Licensee, which approval shall not be unreasonably withheld. Regardless of appraised value, the purchase price shall not be less than $350,000 (three hundred fifty thousand dollars). Licensee's option for purchase will extend only to the version of GOVMAX in use by Licensor at the time the purchase option is exercised. The option to purchase must be exercised within thirty (30) days of the date Licensee is notified that GOVMAX will no longer be available, and paid within thirty (30) days from the date the purchase option is exercised. Such a purchase is payable within thirty (30) days from the date the purchase option is exercised. The system code will be delivered to Licensee within sixty (60) days of the date on which payment is received by Licensor. D. Immediately following termination of this Agreement, Licensee shall return all manuals, templates and product software to Licensor. Licensee further agrees that it shall not disclose any trade secrets, proprietary contents or protected intellectual property of Licensor's GOVMAX software system to any person in accordance with section 119.071(1)(f), Florida Statutes at any time while such materials are in Licensee's possession. If Licensor notifies the Licensee that it does not want such materials returned at the termination or expiration of this Agreement, Licensee shall retain such confidential, protected materials for the duration of the GOVMAX Agreement Template Revised 02/08/2014 Page 7of12 Packet Pg. 123 8.1.2.a public records retention requirements and at the expiration thereof, shall then destroy them and shall then certify the occurrence of such event to Licensor. If Licensor is in possession of any backup tapes of Licensee's data at the time of termination, they shall be returned to Licensee at its sole expense. Licensor shall be responsible for storage, disposition and applicable confidentiality (if any) of any additional copies of such backup tapes it may have produced for its own purposes and if Licensor so elects, it may destroy such additional copies at the time allowed by State public records retention requirements. Licensee shall be required to print hard copies of for retention of its own confidential materials of data files to avoid costs of data retrievals from Licensor. VII. LIMITED WARRANTY A. Licensor certifies that it has a proprietary right and authority to license GOVMAX and that GOVMAX is the copyrighted product of Licensor. Licensor shall be solely responsible for, and Licensee shall incur no liability in connection with, any claim that GOVMAX infringes a U.S. patent or copyright or a third party's trade secrets, provided that: 1. Licensee promptly notifies Licensor in writing of the claim 2. Licensor has sole control of the settlement or defense of any action against Licensee as to which this indemnity relates (provided that there is no finding of fault against the Licensee and that the Licensee is not required to contribute to any settlement). 3. Licensee reasonably cooperates with Licensor to facilitate such defense. Other than the certification and Limited Warranty expressly stated in this Section F, there are no express or implied warranties relating to GOVMAX covered by this Agreement, including but not limited to warranties of merchantability or fitness for a particular purpose. B. If GOVMAX or any portion thereof is held to constitute an infringing product, Licensor shall allow Licensee to immediately terminate this Agreement and refund Fees to Licensee on a prorated basis for the period of time that Licensee was unable to use GOVMAX due to an infringement claim. VIII. LIMITATION OF LIABILITIES A. Licensor shall have no liability for any loss or liabilities resulting from any application of GOVMAX, or results, of such application by Licensee or any other party. Licensor's sole obligation and liability, if GOVMAX is defective or fails to conform to specifications, shall be to correct software -coding errors in the original code. In any event, Licensor's liability for any losses or damages which arise out of or in connection with GOVMAX services provided under this Agreement, whether the claim is in contract or GOVMAX Agreement Template Revised 02/08/2014 Page 8 of 12 Packet Pg. 124 8.1.2.a otherwise, shall not exceed the annual amount paid by Licensee pursuant to this Agreement. Under no circumstances shall Licensor be liable for special, incidental or consequential damages, including, but not limited to, loss of anticipated income or loss resulting from business disruption, even if Licensor has been advised of the possibility of such damages. IX. APPLICABLE LAW AND VENUE A. This Agreement shall be deemed to be a Florida agreement and shall be governed as to all matters of validity, interpretation, obligations, performance, or otherwise, exclusively by the laws of the State of Florida, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the State of Florida. B. Any and all suits or any claims for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in Sarasota County, Florida. X. LICENSOR'S ADMINISTRATIVE AGENT AND LICENSEE'S REPRESENTATIVE A. The Licensor's Administrative Agent is designated to act on behalf of the Licensor and to administer the terms and conditions of this Agreement. If necessary, a specific Administrator may be authorized to perform the duties and responsibilities of the Administrative Agent. Licensor's Administrative Agent and Licensee's Representative are named below, and may be changed at any time by providing written notice to the other party. Licensee's Representative: Licensor's Administrative Agent: Name: Marie Gouin Name: Judith A. Kenton Title: OMB Director Title: EIT Manager Address: 2300 Virginia Address: 1660 Ringling Blvd. Ave. Ste. 515 Fort Pierce, FL 34982 Sarasota, Fl 34236 Telephone: (772) 462-1670 Telephone: 941-861-5423 Facsimile: (772) 462-2117 Facsimile: 941-861-5371 E-mail: gouinm@stlucie E-Mail: jkenton@scgov.net co.org XI. NOTICES A. Except as otherwise provided herein, all notices required or permitted under this Agreement shall be made in writing and shall be deemed given and served five (5) days after deposited in the GOVMAX Agreement Template Revised 02/08/2014 Page 9of12 Packet Pg. 125 8.1.2.a United States Mail, postage prepaid and certified, directed as follows: If to Licensor: Sarasota County Government 1660 Ringling Boulevard Sarasota, Florida 34236 Attn: Judith A. Kenton, EIT Manager With copies Sarasota County Government to: 1660 Ringling Boulevard Sarasota, Florida 34236 Attn: Stephen D. DeMarsh Esq. County Attorney If to St Lucie County Board of County Commissioners Licensee: 2300 Virginia Ave Fort Pierce, FL 34982 Attn: Marie Gouin OMB Director With Copies St Lucie County Board of County Commissioners to: 2300 Virginia Ave Fort Pierce, FL 34982 Attn: Dan McIntyre, County Attorney iEither party may change its address by giving written notice of such change. XII. NON -APPROPRIATION A. The performance of obligations of either party under the agreement is subject to lawfully available appropriations. XIII. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the parties with respect to GOVMAX and the matters discussed herein and no prior contracts, representation, condition, understanding, or agreement of any kind, oral or written, shall be binding upon the parties unless incorporated into this Agreement in writing. This Agreement may not be modified or amended except in writing by mutual agreement by both parties. B. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. GOVMAX Agreement Template Revised 02/08/2014 Page 10 of 12 Packet Pg. 126 8.1.2.a C. Assignment. Licensee may not assign this Agreement without the prior written consent of Licensor. Licensor may assign this Agreement to another entity or agency in the event ownership of GOVMAX is transferred, or in the event Licensor in its sole discretion deems such an assignment necessary in connection with the performance of its obligations hereunder. D. Modifications to the Agreement. Except as provided herein, the terms of this Agreement may only be amended or modified through the execution of an Amendment by the duly authorized representatives of each party. E. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby. The terms and conditions of this Agreement shall prevail over any printed provision of any purchase order form used by Licensee to order GOVMAX. F. This Agreement contains and embodies all the representations, covenants and promises made by the parties hereto, and no modifications or amendments hereof shall be valid unless in writing and executed by the parties hereto. GOVMAX Agreement Template Revised 02/08/2014 Page 11 of 12 Packet Pg. 127 8.1.2.a IN WITNESS WHEREOF, the parties have executed the Agreement as of the date last below written. WITNESS: Print I Signe Date: Approved to form and correctness: BY: OUNTY ATTORNEY l GOVMAX Agreement Template Revised 02/08/2014 Licensee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS: Print Name: Faye W. Outlaw Si -- Title: County Administrator Date: J j c�c/� Licensor: BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA BY: "�/� A6`-� Thomas A. Harmer, County Administrator DATE: Executed by the County Administrator, pursuant to Resolution No. 2004-095 Page 12 of 12 Packet Pg. 128 8.1.2.b C14-03-087 FIRST AMENDMENT TO THE MARCH 3, 2014 SARASOTA COUNTY HOSTED APPLICATION SERVICE and LICENSE AGREEMENT THIS FIRST AMENDMENT, is made and entered into this day of , 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LICENSEE", and SARASOTA COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LICENSOR". WHEREAS, on March 3, 2014, the parties entered into a Hosted Application Services and License Agreement to use the Governmental Management Systems, hereinafter referred to as "GOVMAX"; and, WHEREAS, the parties desire to amend the agreement to acknowledge the fee adjustment for the second, third and any subsequent annual payments. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Agreement as follows: 1. The Annual Fee shall be as follows: Initial Annual Fee $49,990.00 Second Year Fee $51,489.70 The third -year and continuing annual Fees are based on Section V.B. of the contract which states, in part, that the Fee shall be increased annually in direct proportion to the percentage increase in the cost of living as determined by the Consumer Price Index, U.S. City Average, all items (1967 = 100), published by the U.S. Bureau of Labor Statistics of the U.S. Department of Labor, or any revision equivalent thereto published by the Bureau; or three percent (3%) of the preceding year's base Fee cost, whichever is greater. In no event shall the annual Fee for any year decrease below the annual Fee for the preceding year. 2. Except as amended herein, all other terms and conditions of the contract shall remain in full force and effect. Page 1 of 2 Packet Pg. 129 C14-03-087 8.1.2.b IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: LICENSEE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY LICENSOR: BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA BY: PRINT NAME: THOMAS A. HARMER TITLE: COUNTY ADMINISTRATOR DATE: EXECUTED BY THE COUNTY ADMINISTRATOR, PURSUANT TO RESOLUTION NO. 2004-095 APPROVED AS TO FORM AND CORRECTNESS: M COUNTY ATTORNEY Page 2 of 2 Packet Pg. 130 8.1.3 ITEM NO. (ID # 2863) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Desiree Cimino, Purchasing Manager SUBMITTED BY: Purchasing Division DATE: 05/19/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET SUBJECT: Request for Qualifications (RFQ) No. 15-032, Professional Engineering Services for the Design, Permitting and Engineering Services for Class I Phase IV A Cell BACKGROUND: On April 22, 2015, responses to RFQ No. 15-032, Professional Engineering Services for the Design, Permitting and Engineering Services for Class I Phase IV A Cell, were opened. One proposal was received; 445 companies were notified and 28 RFQ documents were distributed. The services for this RFQ shall include but not be limited to the design, permitting, and engineering services for the Class I Phase IV A cell located at the St. Lucie County Baling and Recycling. The proposed Phase IV A cell will be approximately 10.5 acres in size, which is half of the approximately 21-acre Phase IV cell. The design will include the Phase IV A bottom liner system, leachate conveyance, and stormwater management facilities. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in 401-3410-563000-3928 RECOMMENDATION: Board approval of sole proposal received from CDM Smith for Professional Engineering Services for the design, permitting and engineering services for the Class I Phase IV A Cell and permission to: 1. Conduct contract negotiations with CDM Smith; 2. If negotiations are successful, award contract and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: Packet Pg. 131 8.1.3 Coordination/Signatures 1 ;,L �, i,� �� 1, 0 � in Al / e ey epbur e o YaWgement & Budget Dire6to/2015 anie 5. McIntyre, C my ttorney 5/7/2015 Ho and Tipton, Count Administrato 5/11/2015 Updated: 5/18/2015 3:39 PM by Kelly Phelan Page 2 Packet Pg. 132 Attachment A 8.1.3.a BOARD OF COUNTY COMMISSIONERS III 7 6(J NT F L O R[ D A Tabulation Sheet RFQ No. 15-032 PURCHASING DEPARTMENT Professional Engineering Services for the Design, Permitting and Engineering Services for the Proposed Class I Phase IV A Cell CDM Smith Contact: Eric J. Grotke Phone: 772-231-4301 Fax: 772-231-4332 Address: 1701 Highway Al A, Suite 301, Vero Beach, FL 32963 NUMBER OF COMPANIES NOTIFIED*: NUMBER OF BID DOCUMENTS DISTRIBUTED* NUMBER OF BIDS RECEIVED: * - Per demandstar.com 445 28 1 Packet Pg. 133 8.1.4 ITEM NO. (ID # 2865) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division DATE: 05/19/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request of Proposal (RFP) No. 15-019, Land Management System On February 4, 2015, responses to RFP No. 15-019, Land Management System, were opened. Five proposals were received; 465 companies were notified and 24 RFP documents were distributed. The purpose of this RFP is for firms to propose land management systems that will replace the current in- house Codeview permitting system. The awarded firm will provide a land management system that shall include but not be limited to: Building Department (Permitting operations integrated to track activities on parcels over time) Mobile inspector software Contractor's licensing application Code enforcement application (including a mobile application) Planning application submittal, review, comments, approval and archiving GIS integration Environmental permitting System integration services Training Maintenance Services On April 14, 2015, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. CRW Systems - Carlsbad, California 2. Sungard Public Sector, Inc - Lake Mary, Florida 3. Clear Village, Inc - Winter Park, Florida 4. MaintStar, Inc - Orwell, Ohio Packet Pg. 134 8.1.4 5. Tyler Technologies - Duluth, Georgia PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in 491-9910-599300-800 (Reserves) RECOMMENDATION: Board approval of the short-listed firms for Land Management Systems and permission to: 1. Conduct oral presentations and/or demonstrations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, staff shall present a draft contract to the Board for review and approval. COMMISSION ACTION: Coordination/Signatures 7,v anie 5. McIntyre, C my ttorney 5/7/2015 rk S er ee, Depu County ministrato 5/7/2015 Updated: 5/18/2015 3:41 PM by Kelly Phelan A Page 2 Packet Pg. 135 Attachment B 8.1.4.b BOARD OF f - - COUNTYCOUNTY COMMISSIONERS Tabulation Sheet RFP No. 15-019 Land Management Systems PURCHASING DEPARTMENT CRW Systems - H Contact: Nathan Hershkowitz Phone: 858-451-3030 1 Fax: 760-438-2060 Address: 2036 Corte Del Nogal, Suite 200, Carlsbad, CA 92011 Clear Village Inc. - H Contact: David Loeb Phone: 407-951-8038 Fax: 407-951-8925 Address: 1276 Minnesota Ave., Winter Park, FL 32789 MaintStar, Inc. - S Contact: Dimitry Poretsky Phone: 800-255-5675 Fax: 949-458-7626 Address: 4962 Meade Hollow Rd., Orwell, OH 44076 Sun and Public Sector Inc. - H Contact: Don Bates Phone: 407-304-3048 Fax: n/a Address: 1000 Business Center Dr., Lake Mary, FL 32746 Tyler Technolo ies - S Contact: Garth Magness Phone: 888-355-1093 Fax: 678-474-1002 Address: 2160 Satellite Blvd., Duluth, GA 30097 Number of companies notified*: 465 Number of bid documents distributed*: 24 Number of bids received: 5 *per demandstar.com Packet Pg. 136 ITEM NO. RES-2015-84 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Matt Baum, Fairwinds Golf Course Manager Parks & Special Facilities Division WPSL Christmas Kids of SLC DATE: 05/19/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Water Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past 11 years. This year, WPSL Christmas Kids of St. Lucie County is donating $5,600. These funds would help 101 St. Lucie County youth receive water safety lessons. The cost of the water safety lessons is $65 per participant. WPSL's contribution will provide a $55 scholarship towards 101 participant's fee, with the participant responsible for the remaining $10. Administration staff has been informed that Carol Wyatt from WPSL will be attending the meeting to make a check presentation. PREVIOUS ACTION: WPSL Christmas Kids of St. Lucie has donated money to sponsor children under the age of 18 to receive American Red Cross Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past 11 years. They have had a representative make the donation at a BOCC board meeting each year. FINANCIAL IMPACT: WPSL Donation allocated to Aquatics - (001-7215-552000-7106, Recreation -Aquatics -Operating Supplies) RECOMMENDATION: Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,600 to be utilized to provide American Red Cross Water Safety Lessons at Lincoln Park Pool as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 137 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities DirecIV14/2015 Danie 5. McIntyre, Cgifinty ttorney 5/14/2015 updated: 5/14/2015 10:42 AM by Asheley Hepburn Page 2 Packet Pg. 138 RESOLUTION 8.J.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a donation from the WPSL Christmas Kids of St. Lucie County in the amount of $5,600. The donation will help 101 St. Lucie County youths to receive American Red Cross Water Safety Lessons at the St. Lucie County Open Space Pool. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 19th day of May, 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 001-7215-366900-7106 Donations $5,600 APPROPRIATIONS 001-7215-552000-7106 Operating Supplies $5,600 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 19TH DAY OF MAY 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 139 ITEM NO. (ID # 2762) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE: 05/19/2015 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES Proposed Airport Property Lease Amendment - Phoenix Metal Products, Inc. The proposed Fifth Amendment to the January 13, 1998 lease agreement with Phoenix Metal Products, Inc. Adjusts the current lease rate of $4,335.69/month to $1,607.23/month. The reduction in the rental amount is due to two fair market appraisals, as well as rent credit. In addition, the amendment will extend the term of the lease through and including January 31, 2020. The lease is for property located at 2982 Curtis King Boulevard which is used by Phoenix Metal Products, Inc, to operate a metal fabrication company. PREVIOUS ACTION: January 13, 1998 - Original lease signed FINANCIAL IMPACT: Airport fund 140-4210-344102-400 is the airport revenue account for lease payments. RECOMMENDATION: Staff recommends that the Board of County Commissioners approved the proposed Fifth Amendment to the January 13, 1998 lease amendment with Phoenix Metal Products Inc., and authorize the Chair to sign the Fifth Amendment. COMMISSION ACTION: Packet Pg. 140 Coordination/Signatures I e Aon, Plan 11 ng Manager 4/23/2015 Danie S. McIntyre, C my ttorney 4/29/2015 Updated: 4/27/2015 8:47 AM by Sophia Holt C Page 2 Packet Pg. 141 8.K.a FIFTH AMENDMENT TO JANUARY 13, 1998 LEASE AGREEMENT 0 U a� .v THIS IS A FIFTH AMENDMENT to the January 13, 1998 Lease Agreement by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and PHOENIX METAL PRODUCTS, INC., (ALessee") WHEREAS, on January 13, 1998, the parties entered into a Lease Agreement, hereinafter referred to as the "Lease", for certain real property and improvements located at 3000 Industrial Avenue 3, Fort Pierce, Florida, hereinafter referred to as the "premises or leased premises"; and, WHEREAS, on June 6, 1998, the parties entered into a First Amendment to the Lease which provided for the Lessee to make certain improvements to the leased premises which will increase the value of the leased premises in exchange for rent credits from the Lessor for such improvements; and, WHEREAS, on August 9, 2004, parties entered into a Second Amendment to the Lease which provided for the Lessee to make certain repairs and improvements to the leased premises which will further increase the value of the leased premises in exchange for rent LO r credits from the Lessor for such repairs and improvements; and, T- x WHEREAS, on January 8, 2008, the parties entered into a Third Amendment to the Lease o z a to extend the term through and including October 31, 2012, provide for an increase in the LO r a 1 Packet Pg. 142 8.K.a rental rate based upon appraised value, provide for a rent credit based upon replacement of the roof by the Lessee, clarify maintenance requirements, and add environmental provisions to 0 U the Lease; and, J WHEREAS, on February 11, 2009, the parties entered into a Fourth Amendment to the in Lease which addressed responsibility for a necessary replacement and future maintenance and/or repairs to the roof of the west building; and, WHEREAS, the parties desire to further amend the Lease to retroactively extend the term through and including October 31, 2018, and provide for a rental rate adjustment based upon appraisal of the leasehold. NOW, THEREFORE, in consideration of the mutual promises and covenants contained, the parties agree to amend the Lease as follows: 1. Paragraph 10, TERM; TERMINATION, is hereby amended to read as follow: 10. TERM; TERMINATION. The term of this lease shall begin on February 1, 1998, (hereinafter referred to as the "commencement date"), and shall 0 terminate on January 31, 2020, unless otherwise extended. Delivery of the a r possession of the premises to Lessee shall be made on the date of this Lease. 0 The term of this lease may be extended upon the mutual consent of both Q parties. In the event the Lessee desires to extend the term of the lease beyond N the term set forth above, the Lessee shall notify the Lessor in writing one hundred eighty (180) days prior to the expiration of the lease. The rental rate for LO any extension of the lease shall be based upon appraisal of the property as set r ao forth in Paragraph 11. Either party shall have the right to terminate this lease without cause upon six months prior written notice to the other party. •5 a) 0 t a CU LO c aD E t r r a 2 Packet Pg. 143 8.K.a 4. Paragraph 11 of the Lease is hereby amended to read as follows: 11. RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises during the first year of the lease c°� term the sum of two thousand nine hundred ten and 00/100 dollars ($2,910.00) per month, or a total of thirty four thousand nine hundred twenty and 00/100 —J dollars ($34,920.00) plus all applicable sales, use, and like taxes. Rent payments in shall be due on the first (1st) day of each month without billing beginning Cd February 1, 1998. On February 1, 1998, Lessee shall also pay a security deposit = in the amount of two thousand nine hundred ten and 00/100 ($2,910.00) dollars. Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by corporate check made payable to St. Lucie L- County and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local x governments. Beginning upon the commencement of the second year of the Lease and E continuing each year thereafter except as otherwise provided below, the Annual c Rent shall be adjusted in accordance with the provisions herein below. Said as E adjustments shall be computed one (1) month prior to the end of the preceding a Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the c numerator or which is the Consumer Price Index (All Items and Major Group a Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed a by the United States Department of Labor, Bureau of Labor Statistics) (the Q "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this N Lease. Lessor shall provide Lessee with the new Annual Rent amount andLO v Lessor's calculations to arrive at same within ten (10) days following the 7 aforementioned calculation date. It is further understood and agreed that if the OR 7 rental adjustment is not immediately determinable at the time an adjustment is 25 required, the previous rental then being paid shall continue until an adjustment 0 can be made, and the adjustment shall be retroactive to the adjustment date, 9- and the sum constituting the adjustment for the months of the period which LO c W E U r r a 3 Packet Pg. 144 8.K.a have passed prior to the determination of the amount of the adjustment shall be due and payable within thirty (30) days after such determination. Lessee shall be entitled to a rent credit for the replacement of the roof as set forth in Exhibit "B", attached hereto and incorporated herein. Upon completion of the work, Lessee shall provide the Airport Director with copies of paid invoices for such work. Upon verification by the Airport Director, or her designee, that the work has been completed and received all necessary approvals by the St. Lucie County Code Compliance Division, the Lessee shall be entitled to a rent credit in an amount equal to such invoices beginning with the next rental payment thereafter due. The total amount of the rent credit for all the work described in Exhibit "B" shall not exceed the actual cost as documented by paid invoice for a total amount up to forty thousand six hundred thirty-eight and 40/100 dollars ($40,638.40), (one hundred ten percent (110%) of the amount set forth in Exhibit "B"). Replacement of the roof shall be completed on or before May 31, 2008. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro- rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. Based upon the rental rate review conducted pursuant to Paragraph 11 and providing for a rent credit based upon such review, for the period February 1, 2015 through and including January 31, 2019, the monthly rental rate shall be one thousand six hundred seven and 23/100 dollars ($1.607/23) per month or a total annual amount of nineteen thousand two hundred eighty-six and 76/100 dollars ($19,286.76), plus all applicable sales, use, and like taxes. Beginning February 1, 2019, the monthly rental rate shall increase to two thousand five hundred forty-one and 63/100 dollars ($2,541.63) or a total annual amount of thirty thousand nine hundred ninety-five and 56/100 dollars ($30,995.56), plus all applicable sales, use and like taxes. In the event the Lessee desires to extend the term of the lease as provided above in Paragraph 10, the Annual Rent, as adjusted pursuant to subparagraph 15.03, for the first year of the extended term shall be subject to fair and non- discriminatory review and adjustment prior to the commencement of the 21 LO OR x as 0 z a M LO c W E U 0 r r a Packet Pg. 145 8.K.a extended term. The Lessor shall base the adjustment on two appraisals and one review appraisal of the fair market rental value of the real property. The appraisals and review appraisal shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. The Lessor and the Lessee shall each be responsible for the selection and compensation of one of the appraisers. The parties shall jointly select the review appraiser and shall each pay one-half of the review appraiser's compensation. The new rental rate shall be phased in on a pro-rata basis over five years. The rental rate shall continue to be subject to yearly adjustment in accordance with the Annual Rent adjustment procedures herein above set forth. 2. Except as amended herein, the remaining terms and conditions of the Lease, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Fifth Amendment on the dates indicated below their respective signatures. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 5 LO CR X d O t Q R LO C O E t V R r Q Packet Pg. 146 8.K.a c 0 U ATTEST: PHOENIX METAL PRODUCTS, INC. J SECRETARY PRESIDENT (SEAL) DATE: G:\atty\agreement\lease\5a.phoenix.1.8.15.doc 0 Packet Pg. 147 ITEM NO. RES-2015-85 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program DATE: 05/19/2015 *CONSENT AGENDA\PUBLIC WORKS Resolution - Jenkins Park/Starcher MSBU Budget Resolution In 2013 property owners in the Jenkins Park Avenue area petitioned the Board requesting that a Municipal Services Benefit Unit ("MSBU") be created to fund the cost of constructing potable water and fire protection improvements to their area. The submitted petitions indicate that 58% of the affected parcel owners support the imposition of assessments to fund the project. There are twenty-four (24) parcels within the proposed MSBU which includes Jenkins Park Avenue, Kay Street, Lott Street, and Starcher Avenue just west of Jenkins Road. The proposed MSBU is located within the utility service area of Ft. Pierce Utilities Authority (FPUA). FPUA has agreed to design, permit, and bid the project and to provide construction management and inspection services at no cost to the owners of assessed property. FPUA has also agreed to contribute up to $24,853 towards the Project to offset the Capital Improvement Charges imposed by FPUA. An Interlocal agreement, as drafted by the County, has been approved by FPUA and the City of Ft. Pierce (Appendix B to the Resolution). On February 4, 2015, affected property owners were notified by mail of their maximum estimated assessment amount. On February 19, 2015 an informational meeting was held with County staff, FPUA staff and property owners to discuss the MSBU process, project design, project cost, and annexation issues. On April 7, 2015, the Board approved resolution No. 2015-49, the Initial Assessment Resolution required by the County's Assessment Ordinance. The purpose of Resolution No. 2015-49 was to describe the property to be located within the Jenkins Park/Starcher MSBU, provide for the imposition of special assessments therein, estimate the cost to be funded through special assessments, establish the method of apportioning the special assessment among affected real property, direct the assessment coordinator Packet Pg. 148 to prepare a preliminary assessment roll, approve the interlocal agreement with FPUA and the City of Ft. Pierce, authorize and direct staff to take such actions as maybe necessary in furtherance of the project and the financing of the cost thereof through special assessments, establish a public hearing to consider imposition of the proposed assessments and provide an effective date. The attached resolution will establish a budget for the Jenkins Park/Starcher MSBU. PREVIOUS ACTION: April 7, 2015 - Board approved Resolution No. 2015-49, the Jenkins Park/Starcher MSBU Initial Assessment Resolution. FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Jenkins Park/Starcher MSBU will be utilized to repay the loan obtained to fund construction of the potable water and fire protection improvements to the parcels within the MSBU. Funds will be deposited into the Jenkins Park/Starcher MSBU (37008-4115-384200 & 366910-144611). RECOMMENDATION: Staff recommends Board adoption of the attached resolution establishing a budget for the Jenkins Park/Starcher MSBU. COMMISSION ACTION: Coordination/Signatures on We t, Public Works Directo 2015 I � � Danie 5. McIntyre, c my ttorney 4/29/2015 updated: 5/11/2015 12:37 PM by Shane A. De Witt Page 2 Packet Pg. 149 RESOLUTION 8.M.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 Loan proceeds, interest and property owners in the amount of $212,000. 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 19th day of May, 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 37008-4115-361100-144611 Interest on Investments $ 1,000 37008-4115-384200-144611 Proceeds from Loans $161,000 37008-4115-366910-144611 Contributions from Property Owners $ 50,000 APPROPRIATIONS 37008-4115-534000-144611 Other Contractual Services $140,000 37008-4115-573100-144611 Professional Services $ 5,000 37008-4115-549000-144611 Advertising $ 500 37008-4115-549110-144611 General and Admin Charges $ 1,400 37008-4115-549114-144611 General and Admin Charges-MSBU $ 5,500 37008-4115-599330-144611 Project Reserves $ 53,600 37008-8193-599050-800 Tax Collector $ 6,000 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 19TH DAY OF MAY 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 150 ITEM NO. (ID # 2856) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Ron Roberts, Solid Waste Director Solid Waste Equipment Purchase This request is to purchase the following equipment: DATE: 05/19/2015 *CONSENT AGENDA\SOLID WASTE Mack GU813 roll -off truck from the Florida Sheriff's State Bid No. 14-12-0904 at a cost of $196,692.50. This piece of equipment will replace equipment #50-0730, Mack DM6 roll -off truck with over 13,637 hours. It is no longer cost-effective to repair this piece of equipment. Caterpillar 262D skid steer loader with grapple bucket and broom from the Florida Sheriff's State Bid No. 14-11-0904 at a cost of $53,590 for the Single Stream Recycling Facility. Caterpillar DP40N fork lift with bale clamp and forks from the Florida Sheriff's State Bid No. 14-12- 0904 at a cost of $55,070 which is currently being rented from Kelly Tractor for use at the Single Stream Recycling Facility. 70% percent of the rental cost will be applied to the purchase price of $64,205 bringing the purchase price to $55,070 ($9,135 credit). Caterpillar 262D skid steer loader with bucket from the Florida Sheriff's State Bid No. 14-11-0904 at a cost of $44,745. This skid steer loader will replace the existing CASE skid steer which is past its useful life expectancy at the baling facility. It is no longer cost-effective to repair this piece of equipment. Caterpillar DP40N fork lift from the Florida Sheriff's State Bid No. 14-12-0904 at a cost of $53,130. This piece of equipment will replace an older fork lift which is at its end of life and no longer cost effective to repair. 7:7AT1[NhilyeTs"[eP►F N/A FINANCIAL IMPACT: Packet Pg. 151 Funds are available in 401-3410-599300-3927 R&R Capital Reserves, and will be transferred by a line to line transaction to 401-3410-564000-300 (Operating) and 401-3410-564000-39011 (Single Stream Recycling), Machinery and Equipment, upon Board approval. RECOMMENDATION: Staff recommends Board approval for the purchase of the specified heavy equipment for use at the baling, construction & demolition (C&D) debris, and single stream recycling facilities. COMMISSION ACTION: Coordination/Signatures Ron Robert W ector 5/6/2015 �^e "W'Intyre, aniorney 5/7/2015 Updated: 5/6/2015 2:15 PM by Ron Roberts Page 2 Packet Pg. 152 8.O.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2014-15 DEPARTMENT: RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED EQUIPMENT: Mack GU813 Roll -off Truck for Baling Facility, SS Recycling, etc. ADDITIONAL COST BUDGET AMOUNT: $196,692,50 NEW X REPLACEMENT YES NO JUSTIFICATION: This request is to purchase a Mack GU813 roll -off truck from the Florida Sheriffs State Bid No. 14-12- 0904 at a cost of $196,692.50. This piece of equipment Nvill replace equipment 450-0730, 2002 Mack DM6 roll -off truck with over 13,637 hours. It is no longer cost-effective to repair this piece of equipment. Three facilities (baling, C&D and single stream) all require the services of a roll -off truck. EQUIPMENT REQ#: 15-167 ACCOUNT#: 401-3410-599300-3927 to 401-3410-564000-300 Packet Pg. 153 8.O.a BUYER'S ORDER TM TRUCK CENTER Sold to: ST. LUCIE COUNTY Invoice Number: JD040315SLCLFJLM 6120 Glades Cut -Off RD Date: April 3, 2015 Ft. Pierce, FL 34981 PO #: Salesman: Juan De Oliveira Make Year Model Type VIN NUMBER Amount MACK 2015 1 GU813 NEW j TBD $ 196,678.00 Total Selling Price: $ SPECIFICATION # 14, TRUCK FSA TRUCK SPECIFICATION ORDER CODE OPTION PRICE BASE TRUCK GU813 $ 108,755.00 1001646 ENGINE $ 1,550.00 1364540 ALLISON TRANS $ 18,910.00 2401501 20,000 FRONT AXLE $ 2,176.00 1861035 46,000 REAR AXLE $ 3,095.00 1867190 MACK SUSPENSION $ 3,103.00 JLM EQUIP AL130/2000-22 $ 51,989.00 ENG PLAN EXTENDED Warranty $ 4,200.00 AFTER Treatm EXTENDED Warranty $ 1,300.00 TOWING EXTENDED Warranty $ 1,600.00 TOTAL PRICE $ 196,678.00 Sub Total: $ InstaTag Fee: $ Disposal Fee: $ Tire Tax Credit Sub Total: P.O. AMOUNT DUE: $ P.O. # Customer Signature MV Registration#: MV12152 Our Service Manager is Joe Ponder Our Parts Manager is Matt Lenhart Our Sales Manager is Barry Sessions Feel free to call if you need any assistance! 2200 W. Landstreet Rd., Orlando, FL 32809 Phone: 800-800-6225 Fax: 407-398-0297 196,678.00 196,678.00 14.50 50 2.50 413012015 1:.10 PM Packet Pg. 154 8.O.a JLM Equipment, Inc. JLM Equipment Inc. 18110 US Hwy 27, Suite #3 Lake Wales, FL 33859 (863)676-2244 sales@jlmequipment.com http://jimequipment.com ress St. Lucie County 6120 Glades Cutoff Rd Ft. Pierce, FL 34981 Estimate Date Estimate # 04/09/2015 1329 Exp. Date 05/09/2015 Ship Via Sales Rep End User Best Way CC St. Lucie County Date Part Number Description Quantity Rate Amount 04/09/2015 AL160/2000-22 *65,000 lbs Hoist for 19-24 ft bodies 1 42,979.00 42,979.00 *Standard Hook Height 61 3/4" * Air control package *Steel fenders (total4) *LED Bumper *Hot shift PTO *Installed 04/09/2015 Misc Container adapter required to convert roll offcontainer to 1 410.00 410.00 a dual purpose unit capable of being utilized by either a hook or cable loader. 04/09/2015 DC-400 Automatic tarping system with wireless remote control 1 6,800.00 6,800.00 and adjustable gantry Thank you for your interest in our line of High Quality Products! SubTotal $50,189.00 Shipping $1,800.00 Total $51,989.00 Accepted By Accepted Date Packet Pg. 155 8.O.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2014-15 DEPARTMENT: RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED EQUIPMENT: Forklift w/ Bale Clamp & Forks for Single Stream Recycling Facility ADDITIONAL COSTS BUDGET AMOUNT: $55,070.00 X NEW I REPLACEMENT YES I NO JUSTIFICATION: This request is to purchase a Caterpillar DP40N Fork Lift w/ bale clamp and forks from the Florida Sheriffs State Bid No. 14-12-0904 which is currently being rented from Kelly Tractor for use at the Single Stream Recycling Facility. 70% of the rental cost will be applied to the purchase price ($64,205 less $9,135 = $55,070). 3 d c m a a W m LO 00 0 m 0 a c d Q a a� r c a� t v R Q EQUIPMENT REQ#: 15-168 ACCOUNT#: 401-3410-599300-3927 to 401-3410 Packet Pa. 156 S S 1415873 St Lucie County Solid Waste Attn: Robert Brown updated revised quote 8-Jan-15 REF: Quoted as per Florida Sheriff's Association Contract # 14-12-0904 Specification # 59 One new Caterpillar DP40N equipped with the following equipment: DP40N1-D FORKLIFT TRUCK DIESEL PNEUMATIC 8,000# TIER 4 COMPLIANT 5M40C43 TRIPLEX MAST 174" MAX FORK HEIGHT/ 85"OAL FKFTP48-40 FORKS 2.0" x 6.0" x 48" HOOK TYPE - FULLY TAPERED & POLISHED 3VTRIP401 HYDRAULICS FOR USE WITH TRIPLEX MAST SSH047P401 HANG -ON CASCADE 47" SIDESHIFTER AMBSTRBI AMBER STROBE LIGHT - MOUNTED BELOW OHG SPT1 DlSP401 SOLID PNEUMATIC SINGLE DRIVE & STEER TIRES(D-8.25x15) (S-7x12) List Price Total Less 8% Contract Discount Contract Total CONTRACT TOTAL: Less Additional Discount for 2014 stock unit* MACHINE TOTAL: Extended Warranty 5 Years/10,000 Hours Full Coverage Cascade® Model 50D-BCB-54B Bale Clamp installed GRAND TOTAL: FOB: St Lucie County Solid Waste Standard Warranty: 1 Year Unlimited Hours Parts & Labor Two Years or 4000 Hours Parts & Labor on The Powertrain Parts Fast Parts Free Guarantee Thank you for your consideration of our product. Greg Bennett Governmental Sales (305)592-5374 ext 1121 Office area bennett@kellvtractor.com Quote is valid for sixty days. 30-Mar-15 rev0108 List Price $45,475 $8,985 $1,165 $555 $1,060 $290 $2,640 $60,170 - 4 813.60 $55,356 $55,356 - 4 856 $50,500 $1,675 12 030 $64,205 (786)229-7037 Cell (305)477-2024 Fax Packet Pg. 157 8.O.a Robert Brown `�"� ° h���a'� From: Greg A. Bennett <Greg_Bennett@kellytractor.com> Sent: Monday, March 30, 2015 11:44 AM To: Robert Brown Subject: FW: Rental Forklift conversion Attachments: DP40N St Lucie County Rental Pay-Off.pdf Robert, Here are the pay-off numbers if you decide to purchase in October with 70% applied: DP40N s/n AT12C00176 Sale Price: $64,205 Rental Payment: $1,450 /mo Dates: January 91h — October 9th 9 Payments = $13,050 70% _ $9,135 Sale price: $64,205 70% Applied: -9 135 r'_'hJ arc Pay -Off: $55,010 �t�'wE coSi KELLY TRACTOR Greg Bennett Kelly Tractor Company Governmental Sales 8256 NW 58th St. Miami, FL. 33166 305-592-5374 ext-1121 Cell 786-229-7037 Greg_Bennett a@kellytractor. com 1 Packet Pg. 158 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 8.( EQUIPMENT REQUEST FOR FISCAL YEAR 2014-15 DEPARTMENT: RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED EQUIPMENT: Caterpillar 262D Skid Steer Loader for Baling Facility ADDITIONAL COSTS BUDGET AMOUNT: $44,745.00 NEW X REPLACEMENT YES NO JUSTIFICATION: This request is to purchase a CAT 262D Skid Steer Loader w/bucket from the Florida Sheriffs State Bid No. 14-11-0904 at a cost of $44,745. This skid steer loader will replace the existing CASE skid steer which is past its useful life expectancy at the baling facility. It is no longer cost-effective to repair this piece of equipment. EQUIPMENT REQ#: 15-169 ACCOUNT#: 401-3410-599300-3927 to 401-3410-564000-300 Q Packet Pg. 159 KE11Y TRACTOR 03 Kelly Tractor Co. Serving the Industry Since 1933 kwaiMell,irmtormin v¢ay.kellyluxtam.. March 29, 2015 rev0329 St Lucie County Attn: Robert Brown REF: Caterpillar 262D Skid Steer Loader Quoted per Florida Sheriff's Association Contract #14-11-0904, Specification #24 BASE UNIT PER CONTRACT 2015 CATERPILLAR 272D $ 41,868 A DELETE OPTIONS 262 DOWNGRADE TO BASE 262 $ -7,762 B NON -SPECIFIED OPTIONS 345-5262 262D SSL TIER 4 FINAL HRC BASE 345-5911 CONVERSION ARRANGEMENT 388-8147 INSTRUCTIONS, ANSI, NACD 345-5453 PACKAGE, PERFORMANCE, (112) $ 890 -Standard Flow - 23 gpm -Dual Self Level 387-5383 HYDRAULICS, PROPORTIONAL, WT $ 540 345-4923 ONE SPEED 418-5780 ROPS, OPEN (C 1) $ 660 345-6329 SEAT, SUSPENSION, VINYL $ 355 345-6260 DOOR, CAB, POLYCARBONATE $ 213 378-1033 DISPLAY, BASIC, ANTI -THEFT 361-6386 BATTERY, HEAVY DUTY, 880 CCC 258-4095 SEAT BELT, 2" 252-0377 TIRES, 33x6x11 CAT FLXPORT SOLID72" $ 2,215 345-4910 QUICK COUPLER, MANUAL 233-5913 INSTRUCTIONS, ENGLISH 309-1325 LIGHTS, BEACON 215 NON -SPECIFIED OPTIONS SUBTOTAL $ 5,088 26% CONTRACT DISCOUNT - 1 323 NON -SPECIFIED OPTIONS TOTAL $ 3,765 C WORKTOOLS 279-5373 BUCKET -GP .57 CYD, 72" BOCE $ 1,719 16% CONTRACT DISCOUNT - 270 WORKTOOL OPTIONS TOTAL $ 1,449 D CONTRACT TOTAL $ 39,320 A+B+C+D 3 YR / 3,000 HRS PREMIER ESC (FULL MACHINE) PLUS 5 YR / 5,000 HRS POWERTRAIN WARRANTY 6,135 MACHINE TOTAL $ 45,455 LESS ADDITIONAL DISCOUNT - 710 FOB St Lucie County QUOTE GRAND TOTAL $ 44,745 Thank you for your consideration of our product. Quote is valid for sixty days Greg Bennett Governmental Sales Office 305-592-5374 ext 1121 Fax 305-477-2024 Cell 786-229-7037 grey Bennett@kellytractor.com Miami Davie West Palm Beach Clewiston Naples Ft Myers Orlando (Cranes Only) $255 NW 58 St 2801 Reese Rd 5460 Okeechobee Blvd 801 E Sugarland Hwy 3636 Prospect Ave 9651 Kelly Tractor Dr 17300 E Colonial Or Miami, FL 33166 Davis, FL 33314 West Palm Beach, FL 33417 Clewiston. FL 33440 Naples ft 34104 Ft Myers, FL 33905 Orlando, FL 32820 (305) 592-M (954) 581.8181 (561) 683.1231 (863) 983.8177 (239) 403-3636 (2391693.9233 (407) 568.W% FAX (3051477.2024 FAX 19541581-6464 FAX (5611683-4591 FAX (8631902.1000 FAX 1239) 403,7510 FAX 1239) 693-8876 FAX (407) W-7101 Packet Pg. 160 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2014-15 DEPARTMENT: RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED IPMENT: Caterpillar 262D Skid Steer Loader w/ Attachments for BUDGET AMOUNT: $53,590.00 IX INEW I (REPLACEMENT Stream ((ADDITIONAL YES I INO This request is to purchase a CAT 262D Skid Steer Loader w/ grapple bucket and broom from the Florida Sheriffs State Bid No. 14-11-0904 at a cost of $53,590 for the Single Stream Recycling Facility. PMENT REO#: 15-170 NT#: 401-3410-599300-3927 to 401-3410- Packet Pg 1 c1 Packet r y. � v � '5 KE11Y TRACTOR aB 8.O.a Kelly Tractor Co. SJmq the lid-,, 19A kICCJI�kellyltJcloctom tnnY.tCllylrJCIOt.CMn March 27, 2015 rev0327RC St Lucie County Attn: Robert Brown REF: Caterpillar 262D Skid Steer Loader Quoted per Florida Sheriff's Association Contract #14-11-0904, Specification #24 BASE UNIT PER CONTRACT 2015 CATERPILLAR 272D $ 41,868 A DELETE OPTIONS 262 DOWNGRADE TO BASE 262 $ -7,762 B NON -SPECIFIED OPTIONS 345-5262 262D SSL TIER 4 FINAL HRC BASE 345-5911 CONVERSION ARRANGEMENT 388-8147 INSTRUCTIONS, ANSI, NACD 345-5453 PACKAGE, PERFORMANCE, (112) $ 890 -Standard Flow - 23 gpm -Dual Self Level 387-5383 HYDRAULICS, PROPORTIONAL, WT $ 540 345-4923 ONE SPEED 418-5780 ROPS, OPEN (C 1) $ 660 345-6329 SEAT, SUSPENSION, VINYL $ 355 345-6260 DOOR, CAB, POLYCARBONATE $ 213 378-1033 DISPLAY, BASIC, ANTI -THEFT 361-6386 BATTERY, HEAVY DUTY, 880 CCC 258-4095 SEAT BELT, 2" 252-0377 TIRES, 33x6x11 CAT FLXPORT SOLID72" $ 2,215 345-4910 QUICK COUPLER, MANUAL 233-5913 INSTRUCTIONS, ENGLISH 309-1325 LIGHTS, BEACON 215 NON -SPECIFIED OPTIONS SUBTOTAL $ 5,088 26% CONTRACT DISCOUNT - 1 323 NON -SPECIFIED OPTIONS TOTAL $ 3,765 C WORKTOOLS 158-6095 BUCKET, IND. GRAP, 72" BOCE $ 5,414 448-5690 BROOM, PICKUP, BP118C 7,271 WORKTOOL OPTIONS LIST PRICE TOTAL $ 12,685 16% CONTRACT DISCOUNT - 2 030 WORKTOOL OPTIONS TOTAL $ 10,655 D CONTRACT TOTAL $ 48,526 A+B+C+D 3 YR / 3,000 HRS PREMIER ESC (FULL MACHINE) PLUS 5 YR / 5,000 HRS POWERTRAIN WARRANTY 6,135 MACHINE TOTAL $ 54,661 LESS ADDITIONAL DISCOUNT -1 071 FOB St Lucie County QUOTE GRAND TOTAL $ 53,590 Thank you for your consideration of our product. Quote is valid for sixty days. Greg Bennett Governmental Sales Office 305-592-5374 ext 1121 Fax 305-477-2024 Cell 786-229-7037 greg--bennett@kellvtractor.com 1 Miami Davie West Palm Beach Clewiston Naples Ft Myers Orlando (Cranes Only) 8255 NW 58 St 2801 Reese Rd 5460 Okeechobee Blvd 801 E Sugarland Hwy 3M Prospect Ave 9651 Kelly Tractor Or 17300 E Colonial Or Miami. FL 33166 Davie, FL 33314 West Palm Beach, FL 33417 Clewiston, FL 33440 Naples K 34104 Ft Myers, FL 33905 Orlando. FL 32820 (3051592-536(t (954) 581.8181 (5611683.1231 (863) 983.8177 (239)403-3636 (239) 693.9233 (407) 568.8055 FAX (305) 477-2024 FAX (9541581.6464 FAX (561) 683-4591 FAX J8631902-1000 FAX (239) 403-7510 FAX (2391693-8876 FAX (407) 5%7701 Packet Pg. 162 8.O.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2014-15 DEPARTMENT: RECOMMENDED: YES NO REVISED DIVISION: SOLID WASTE APPROVED: YES NO REVISED EQUIPMENT: Fork Lift for Baling Facility ADDITIONAL COST BUDGET AMOUNT: $53,130.00 NEW X REPLACEMENT YES I NO JUSTIFICATION: This request is to purchase a Caterpillar DP40N Fork Lift from the Florida Sheriffs State Bid No. 14-12- 0904 at a cost of $53,130. This piece of equipment will replace our older forklift which is at its end of life and no longer cost effective to repair. EQUIPMENT REQ#: 15-171 ACCOUNT#: 401-3410-599300-3927 to 401-3410-564000-300 Packet Pg. 163 8.O.a 1415873 24-Mar-15 rev0324 St Lucie County Solid Waste Attn: Robert Brown iffily me ' REF: Quoted as per Florida Sheriff's Association Contract # 14-12-0904 Specification # 59 One new Caterpillar DP40N equipped with the following equipment: List Price DP40N1-D FORKLIFT TRUCK DIESEL PNEUMATIC 8,000# TIER 4F COMPLIANT $46,840 5M40C43 TRIPLEX MAST 174" MAX FORK HEIGHT/ 85"OAL $9,255 FKFTP48-40 FORKS 2.0" x 6.0" x 48" HOOK TYPE - FULLY TAPERED & POLISHED $1,165 3VTRIP401 HYDRAULICS FOR USE WITH TRIPLEX MAST $915 SSH047P401 HANG -ON CASCADE 47" SIDESHIFTER $1,060 SPR3DSP401 SOLID PNEUMATIC SINGLE DRIVE TIRES (8.25x15) $1,700 STRNPT501 SOLID PNEUMATIC STEER TIRES (7x12) $990 AMBSTRBI AMBER STROBE LIGHT - MOUNTED BELOW OHG $300 TC-19301 TINTED THERMOFORMED OVERHEAD GUARD COVER 185 List Price Total $62,410 Less 8% Contract Discount 4 993 Contract Total $57,417 CONTRACT TOTAL: $57,417 Extended Warranty 5 Years/10,000 Hours Full Coverage $1 ,675 Less Additional Discount - 5 962 GRAND TOTAL: $53,130 FOB: St Lucie County Solid Waste Standard Warranty: 1 Year Unlimited Hours Parts & Labor Two Years or 4000 Hours Parts & Labor on The Powertrain Parts Fast Parts Free Guarantee Thank you for your consideration of our product. Greg Bennett Governmental Sales (305)592-5374 ext 1121 Office prep ben nettOkellvtractor.corn Quote is valid for sixty days. (786)229-7037 Cell (305)477-2024 Fax Packet Pg. 164 8.O.a Chart: [B r• Fiscal Year: 15 IV Index: I F n query Specific Account W Include Revenue Accounts Commit Type: Both m Organization: M10 —t' Fund: 401 Program: 5921 Account: FT1' Account Type: F—F Activity: F—FFT Location: I-_ Solid Waste -Disposal Sanitary Landfill Fund Landfill R & R Capital Equipment Account Type Title Adjusted Budget YTD Activity Commitments Available Balance __ _ _ _ __ ____ __ ____--- ------_—_. —_. �.--------.�.�_. _, -- — -6-0- _._-- - rReserves 600,000.00 0.00 0.00 600,000.00 -�---- F 1 F_F r_rr ___-_------------- F I I_,_ —--� F— F I ' NetTotal: -600,000.00o,00F_^ o,00F -- i Packet Pg. 165 8.O.a LINE -TO -LINE TRANSFER REQUEST DEPARTMENT: SOLID WASTE DIVISION DATE: 5/19/2015 ACCOUNT NUMBER ACCOUNT NAME AMOUNT ACCOUNT OMB BALANCE VERIFY TO: 401-3410-564000-300 Machinery & Equipment $294,568.00 $7,860 401-3410-564000-39011 Machinery & Equipment $108,660.00 $1 $403,228.00 FROM 401-3410-599300-3927 Equipment Reserves $403,228.00 $600,000 $403,228.00 REASON FOR TRANSFER: Purchase the following equipment: 1 - roll off truck 2 - skid steers (1 for single stream facility; 1 for baling facility) 2 - fork lifts (1 for single stream facility; 1 for baling facility) CONTACT PERSON: Ron Roberts DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: PHONE M 462-1631 OMB NOTES: $806,456 INPUT DATE: INPUT BY: LINE -TO -LINE TRANSFER M DOCUMENT #: w Lo Co N N m 0 a c a� E a .3 a a� :.o c a� E u ca Q Packet Pg. 166 8.O.a New Equipment - FY 14-15 55 OP $55,070.00 $53,130.00 $53,590.00 $44,745.00 $196,692.50 $108,660.00 $294,567.50 $403,227.50 TOTAL Packet Pg. 167 8.R.1 ITEM NO. RES-2015-86 Mr DATE: 05/19/2015 COUNTY ' R 1. D AGENDA REQUEST *CONSENT AGENDA\UTILITIES TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities SUBJECT: Resolution - Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (Water and Sewer District) BACKGROUND: The Water and Sewer District's current Rate Resolution provides for automatic adjustments to the District's utility rates based on adjustments in the Public Service Commission utility price index, and based on adjustments by a utility providing utility service to the District (e.g., FPUA). The BOCC sitting as the District Board may vote to withhold some or all of the automatic adjustments. Upon review of the Utility Rates, Fees and Charges, the Utility is proposing an automatic adjustment based on the Public Service Commission price index adjustments of 1.6%, to the rates, fees and charges for the Water & Sewer District excluding the first tier of the water consumption charge. The Utility is also proposing an adjustment to the first tier of the water consumption charge of 2.4% due to the FPUA adjustment to the water charge it imposes on the Water and Sewer District. The attached adjustments are being requested for approval. The adjustments are projected to increase annual revenues by approximately $90,000. The fees adopted by Resolution 12-175, Resolution 13-079, and Resolution 14-221 will be adjusted and adopted under one rate, fees and charges resolution. The Water and Sewer District has not increased any rates since the consolidation adjustments in 2010. For the past four years the Water and Sewer District has absorbed annual cost adjustments and indexing increases from our bulk provider. Notice of this meeting has been included on the customer's prior month's bill. The proposed Rate Tariffs have also been made available to the Board and the public. These changes will not affect the rates for customers of the St. Lucie County South Hutchinson Island District Wastewater Utility. PREVIOUS ACTION: December 2, 2014 - BOCC approved Resolution 14-221 adopting the rate structure for SLC Water & Sewer District. Packet Pg. 168 8.R.1 May 7, 2013 - BOCC approved Resolution 13-079 adopting the rate structure for SLC Water & Sewer District. October 2, 2012 - BOCC approved Resolution 12-175 adopting the rate structure for SLC Water & Sewer District. March 9, 2010 - BOCC approved Resolution 10-069 adopting the rate structure for SLC Water & Sewer District. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District. COMMISSION ACTION: Coordination/Signatures La�irie Waldie, Utility Director 5/ 5 Danie 5. McIntyre, c my ttorney 5/6/2015 Updated: 5/5/2015 11:11 AM by Leslie Smith Page 2 Packet Pg. 169 ST LUCIE COUNTY UTILTIES CURRENT RATE SCHEDULE FOR NORTH COUNTY UTILITY CUSTOMERS ST LUCIE COUNTY UTILTIES PROPOSED RATE SCHEDULE FOR NORTH COUNTY UTILITY CUSTOMERS BASE FACILITY CHARGE PER METER SIZE WATER SEWER BASE FACILITY CHARGE PER METER SIZE WATER SEWER 3/4" 19.49 23.23 3/4" 1 19.81 23.61 ill 48.72 23.23 ill 49.50 23.61 1 1/2" 97.44 23.23 1 1/2" 9-9.00 23.61 2" 155.91 23.23 2" 158.41 23.61 CUSTOMER ACCOUNT CHARGE (per bill) 2.40 N/A CUSTOMER ACCOUNT CHARGE (per bill) 2.44 N/A CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER 0-5000 GALLONS 1 3.37 6.97 0-5000 GALLONS 3.45 7.09 5001 -10000 GALLONS 6.06 6.97 5001 -10000 GALLONS 6.16 7.09 10000-15000 GALLONS 8.08 N/A 10000-15000 GALLONS 8.21 N/A 15001 AND ABOVE 9.43 N/A 15001 AND ABOVE 9.58 N/A - - - - CHARGE PER UNIT WHEN SERVED BY A MASTER METER WATER SEWER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHARGE PER UNIT WHEN SERVED BY A MASTER METER WATER SEWER - T PER UNIT 13.84 1 20.91 PER UNIT T-14.07 1 21.25 CONSUMPTION CHARGE -PER 1000 GALLONS PER UNIT CONSUMPTION CHARGE -PER 1000 GALLONS PER UNIT 0-2500 GALLONS 3.37 6.97 1 0-2500 GALLONS 3.45 7.09 2501-5000 GALLONS 6.06 6.97 2501-5000 GALLONS 6.16 7.09 5001-7500 GALLONS 8.08 6.97 5001-7500 GALLONS 8.21 7.09 7501 AND ABOVE 9.43 N/A 7501 AND ABOVE 9.58 N/A CUSTOMER ACCOUNT CHARGE (per bill) 2.40 N/A CUSTOMER ACCOUNT CHARGE (per bill) 2.44 N/A ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . ... .. Y PIE. BASE FACILITY CHARGE PER ERC WATER SEWER BASE FACILITY CHARGE PER ERC WATER SEWER 1 ERC 29.23 34.85 1 ERC 29.70 35.41 2 ERC 58.46 69.70 2 ERC 59.40 70.82 3 ERC 87.69 104.55 3 ERC 89.10 106.23 4 ERC 116.92 139.40 4 ERC 118.80 141.64 CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER 0-5000 GALLONS 3.37 6.97 0-5000 GALLONS 3.45 7.09 5001 -10000 GALLONS 6.06 6.97 1 5001 -10000 GALLONS 6.16 7.09 10001-15000 GALLONS 8.08 6.97 10001-15000 GALLONS 8.21 7.09 15001 AND ABOVE 9.43 N/A 15001 AND ABOVE 9.58 N/A CUSTOMER ACCOUNT CHARGE (per bilEll- 2.40 N/A CUSTOMER ACCOUNT CHARGE (per bill) 2.44 N/A BASE FACILITY CHARGE PER ERC WATER SEWER BASE FACILITY CHARGE PER ERC WATER SEWER 1 ERC 29.23 34.85 1 1 ERC 29.70 35.41 2 ERC 58.46 69.70 2 ERC 59.40 70.82 3 ERC 87.69 104.55 3 ERC 89.10 106.23 4 ERC 116.92 139.40 4 ERC 118.80 141.64 CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER 0-5000 GALLONS 3.37 6.97 0-5000 GALLONS 3.45 7.09 5001 -10000 GALLONS 4.56 6.97 5001 -10000 GALLONS 4.64 7.09 10001 AND ABOVE 5.58 6.97 10001 AND ABOVE 5.67 7.0 CUSTOMER ACCOUNT CHARGE (per bill) 2.40 N/A 1 1 CUSTOMER ACCOUNT CHARGE (per bill) 2.44 N/A I Packet Pg. 170 1 TEIIn��JRARY: GOIISTFtUC'FIZ)I� I1A�1:E_ RS: IOI PDi4F�Y:G�1�fS7 RU E71QPC1NI�r�_.1._' ._ _. � ._ 268.00 ADVANCE DEPOSIT REQUIRED 272.00 ADVANCE DEPOSIT REQUIRED CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER CONSUMPTION CHARGE PER 1000 GALLONS WATER SEWER 0-7500 GALLONS 8.08 N/A 0-7500 GALLONS 8.21 N/A 7501-15000 GALLONS 8.08 N/A 7501-15000 GALLONS 8.21 N/A 15001 GALLONS AND ABOVE 8.08 N/A 15001 GALLONS AND ABOVE 8.21 N/A CUSTOMER ACCOUNT CHARGE(per bill 2.40 N/A CUSTOMER ACCOUNT CHARGE(per bill 2.44 N/A • �f12E�PR;OTEL`FIOi�F -: •MA�ST�f2:11A�r.EI#E�J• �E�t• AlIE7�12 ;$iZE� • 1 � •F1R� �F�brE�T10P1 •-: MiocST�R �111�T�i2�Ei f��� iNiE�E�t•81Z� - - - 2" 214.00 N/A 2" 217.00 N/A 4" 667.00 N/A 4" 678.00 N/A 6" 1,333.00 N/A 6" 1,354.00 N/A 8" 2,133.00 N/A 8" 2,167.00 N/A CONSUMPTION CHARGE PER 1000 GALLONS 8.08 N/A CONSUMPTION CHARGE PER 1000 GALLONS 8.21 N/A w op Lo T O N U) W w Lo r O N a+ (D N t N f� d L v/ 4) U) O Q O L O V O z r c� C ci r a Packet Pg. 171 8.R.1.b RESOLUTION 15- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE INDEXING ADJUSTMENT OF WATER, WASTEWATER, AND REUSE UTILITY RATES, FEES AND CHARGES AND A PASS -THROUGH ADJUSTMENT OF WATER FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Board") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on June 1, 2010, in Resolution No. 10-149, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established the existing water, wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2010 Rate Resolution"); and WHEREAS, on October 2, 2012, in Resolution No. 12-175, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established an adjusted schedule fixing commercial water utility rates, fees and charges for customers within the District ("2012 Rate Resolution"); and WHEREAS, on May 7, 2013, in Resolution No. 13-079, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established an adjusted schedule fixing commercial water utility rates, fees and charges for customers within the District ("2013 Rate Resolution"); and w&S District Rate Resolution 2015 Packet Pg. 172 8.R.1.b WHEREAS, on December 2, 2014, in Resolution No. 14-221, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established an adjusted schedule fixing commercial water utility rates, fees and charges for customers within the District ("2014 Rate Resolution"); and NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF THE ADJUSTMENTS TO THE 2014 RATE SCHEDULE FOR THE DISTRICT. The adjustments to the 2015 Rate Schedule, setting forth the rates, fees and charges for customers within the St. Lucie County Water and Sewer District to be serviced by the District utility system is hereby adopted and shall be effective commencing with the first billing cycle on or after June 1, 2015. Section 2. AUTOMATIC ADJUSTMENTS. The 2015 Rate Schedule shall be automatically adjusted on an annual basis without further action of the Board based upon the application of the Florida Public Service Commission utility price index, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, ("Cost Adjustment"), to the then existing rates, fees and charges of the District. Prior to application of this automatic Cost Adjustment provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. In addition, the rates, fees and charges of the District shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District by any utility which provides utility service to the District, or upon implementation or increase of any taxes or assessments levied by a w&S District Rate Resolution 2015 Packet Pg. 173 8.R.1.b governmental authority against the District ("Cost Pass -through"). Prior to application of this Cost Pass -through provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. Unless the Board votes to withhold an automatic Cost Adjustment or Cost Pass -through, the District's Schedule of rates, fees, and charges shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Board's meeting. No public hearing shall be required for the automatic adjustments set forth in this section. Section 3. EFFECTIVE DATE. The 2015 Rate Schedule shall be effective commencing with the first billing cycle on or after June 1, 2015. Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ENACTED this 19th day of May, 2015. BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w&S District Rate Resolution 2015 Packet Pg. 174 8.R.1.b BY: County Attorney EXHIBIT "1" SCHEDULE OF RATES, FEES AND CHARGES EFFECTIVE COMMENCING WITH THE FIRST BILLING CYCLE ON OR AFTER JUNE 1, 2015. W&S District Rate Resolution 2015 Packet Pg. 175 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT RESIDENTIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to single family or multi -family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size Customer Account Charge (Per Metered Connection) Consumption Charge (Per 1,000 Gallons) 0 to 5,000 5,001 to 10,000 10,001 and 15,000 15,001 and above $ 19.81 $ 49.50 $ 99.00 $158.41 $ 2.44 $ 3.45 $ 6.16 $ 8.21 $ 9.58 Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 176 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT RESIDENTIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For wastewater service to single family or multi -family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size All Meter Sizes $23.61 Consumption Charge (Per 1,000 Gallons) 0 to 10,000 $ 7.09 (wastewater capped at 10,000 gallons) Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 177 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT IRRIGATION RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to all customers who require potable irrigation service in the district. RATES (Monthly) Base Facility Charge Meter Size 3/4" 1" 211 All Above Customer Account Charge (Per Metered Connection) Consumption Charge (Per 1,000 Gallons) 0 to 5,000 5,001 to 10,000 10,001 and 15,000 15,001 and above $ 19.81 $ 49.50 $ 99.00 $158.41 Per Utility Analysis $ 2.44 $ 3.45 $ 6.16 $ 8.21 $ 9.58 Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 178 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT MULTI -FAMILY METERED RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes Customer Account Charge (Per Metered Connection) Consumption Charge (Per 1,000 Gallons) Times the number of units 0 to 2,500 2,501 to 5,000 5,001 to 7,500 7,501 and above $14.07 Per Unit $ 2.44 $ 3.45 $ 6.16 $ 8.21 $ 9.58 Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 179 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT MULTI -FAMILY METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For wastewater service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes Consumption Charge (Per 1,000 Gallons) Times the number of units 0 to 9,000 (Maximum 9,000 gallons times units) $21.25 Per Unit $ 7.09 Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 180 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT COMMERCIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's (an ERC equals 300 gallons per day) Per ERC $29.70 Customer Account Charge (Per Metered Connection) $ 2.44 Non-Business/Commercial Consumption Charge (Per 1,000 Gallons) 0 to 5,000 $ 3.45 5,001 to 10,000 $ 6.16 10,001 to 15,000 $ 8.21 15,001 and above $ 9.58 Business/Commerical Consumption Charge (Per 1,000 Gallons) 0 to 5,000 $ 3.45 5,001 to 10,000 $ 4.64 10,001 and above $ 5.67 Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 181 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT COMMERCIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For wastewater service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's (an ERC equals 300 gallons per day) Per ERC $35.41 Consumption Charge (Per 1,000 Gallons) All Gallons $ 7.09 Sewer Base Facility Charge (Flat Fee All Meter Sizes) $67.29 Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 182 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT TEMPORARY CONSTRUCTION METER WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to all temporary construction meters and to where no other rate schedule applies. Deposit In Advance Consumption Charge (Per 1,000 Gallons) All Gallons $272.00 $ 8.21 Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 183 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT FIRE PROTECTION RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — Applicable to all connections to the utility system for private fire protection service. RATES (Yearly) Base Facility Charge* Meter Size Consumption Charge (Per 1,000 Gallons) All Gallons *Note: May be charged monthly. $ 217.00 $ 678.00 $1,354.00 $2,167.00 $ 8.21 Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 184 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT ALLOWANCE FOR PRUDENT INVESTMENT RATE SCHEDULE ACCRUED GUARANTEED REVENUES AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — Applicable to all water and wastewater customers who require service from the plant and lines capacity. RATES (At time of connection — billed annually) Per ERC Water Wastewater $196.00 $269.00 Resolution 15-000 St. Lucie County Utility Rates Packet Pg. 185 Effective for bills rendered after June 1, 2015 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT MISCELLANEOUS FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — Applicable to all water and wastewater customers of the utility system. RATES: Account Service Fee Normal reconnection of service Violation reconnection of service Premises visit (in lieu of disconnect) Late Payment Charge Convenience Fee Initial Application Fees: Administrative Fee Plan Review Fee Inspection Fee Developer Agreement Fee Service Agreement Fee DRC Fee Request for meter test: 5/8" to 1 %2" Meter 2" and above Meter Fee applicable when meter tests within tolerances Normal Hrs. After Hrs. $37.00 $37.00 $103.00 per hour minimum (emergency only) $47.00 $37.00 $103.00 per hour minimum (emergency only) $ 6.00 $ 2.25 $300.00 2% of construction costs 1 1/2% of construction costs $4,897.00 $591.00 $50.00 $37.00 Actual cost plus 15% c 2 0 d d M 0 c.� s 0 z ca Ln T N co W W Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 186 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT RECLAIMED WATER RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to all customers who require reclaim water for irrigation in the district. RATES (Monthly) Consumption Charge (Per 1,000 Gallons) All Gallons $ 3.09 Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 187 8.R.1.c ST. LUCIE COUNTY WATER AND SEWER DISTRICT CUSTOMER DEPOSITS APPLICABILITY — Before rendering service, the County will require a deposit to secure the payment of bills which shall be non-negotiable and non -transferable. The amount of such deposit shall be an amount at least necessary to cover charges for service for two billing periods. Deposit Type Meter Size Water Deposit Amt Wastewater Deposit Amt Residential 3/4" $ 85.00 $ 89.00 Residential 1" $118.00 $ 256.00 Residential 11/2" $234.00 $ 370.00 Residential 2" $469.00 $ 806.00 Multi -Family Two months Two months (per unit) estimated bill estimated bill Commercial 3/4" $118.00 $ 118.00 or two months estimated bill whichever is greater Commercial 1" $207.00 $ 379.00 or two months estimated bill whichever is greater Commercial 1 1/2" $469.00 $1,653.00 or two months estimated bill whichever is greater Commercial 2" $941.00 $1,894.00 or two months estimated bill whichever is greater Commercial 3" $1,120.00 $2,240.00 or two months estimated bill whichever is greater 4" and above Two months estimated bill Two months estimated bill c 0 0 d a� c� 0 0 c.� s 0 z ca Ln T N CO) W W Resolution 15-000 St. Lucie County Utility Rates Effective for bills rendered after June 1, 2015 Packet Pg. 188 ITEM NO. RES-2015-87 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities DATE: 05/19/2015 *CONSENT AGENDA\UTILITIES SUBJECT: Resolution - Amending Certain Rates, Fees and Charges for the SLC South Hutchinson Island District Wastewater Utility BACKGROUND: The Utility has reviewed the rates, fees and charges for the South Hutchinson Island District (SHI) Wastewater District. The attached 1.6% Public Service Commission index adjustments are being requested for approval. The adjustments are projected to increase annual revenues by approximately $35,900. The Utility District has not increased rates since the 2010 adjustments, absorbing the indexing annual cost for four years. Notice has been included on the customer's prior month's bill. The proposed Rate Tariffs have also been made available to the Board and the public. This public hearing will not affect the rates for customers of the St. Lucie County Water & Sewer District. PREVIOUS ACTION: December 2, 2014 - BOCC approved Resolution 14-220 adopting the rate structure for SLC South Hutchinson Island District Wastewater Utility. November 9, 2010 - BOCC approved Resolution 10-291 adopting the rate structure for SLC South Hutchinson Island District Wastewater Utility. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to amend certain rates, fees and charges for the SLC South Hutchinson Island District Wastewater Utility. COMMISSION ACTION: Packet Pg. 189 Coordination/Signatures r�ln I �IA z of I/)? e A(.1 i ) L'Serie Waldie, Utility Director 5/ iaie 5Wty, ,orney 5/6/2015 Updated: 5/11/2015 12:40 PM by Shane A. De Witt Page 2 Packet Pg. 190 8.R.2.a Current: Wastewater Rates (per month, per EDU) AGR ST. LUCIE COUNTY UTILITIES SOUTH HUTCHINSON ISLAND DISTRICT Proposed Adjustments to be Effective June 1, 2015 $30.23 $1,813.80 Customer Account Charge $2.40 Wastewater Deposit $88.00 (per unit) Reclaimed Water Rate $3.04 (per thousand gallons) Reclaimed Water Deposit $250.00 Convenience Fee: $2.25 Normal reconnection of service $36.00 $101.00 per hour minimum (emergency only) Premises visit (in lieu of disconnect) $36.00 $101.00 per hour minimum (emergency only) Administrative Fee $295.00 Developer Agreement Fee $4,820.00 Service Agreement Fee $582.00 BOCC Agenda 5/19/2015 Proposed: Wastewater Rates $30.72 O (per month, per EDU) AGR $1,843.00 0 42 as Customer Account Charge $2.44 x Wastewater Deposit $89.00 vxi (per unit) i. Reclaimed Water Rate $3.09 Ln c (per thousand gallons) `V co w W Reclaimed Water Deposit $254.00 LO Convenience Fee: $2.25 r N a� Normal reconnection of service $37.00 $103.00 per hour minimum (emergency only) N O O Premises visit (in lieu of disconnect) $37.00 L Q- $103.00 per hour minimum (emergency only) L Administrative Fee $300.00 L x co Developer Agreement Fee $4,897.00 c d Service Agreement Fee $591.00 z Q Packet Pg. 191 RESOLUTION NO. 15- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE INDEXING ADJUSTMENT OF WASTEWATER AND RECLAIMED WATER UTILITY RATES, FEES AND CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND DISTRICT WASTEWATER UTILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners ("Board") established a schedule fixing sewer and reclaimed water utility rates, fees and charges for the utility services furnished or to be furnished to the customers of the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility ("District") in the amended Resolution No. 07-208; and WHEREAS, on November 9, 2010, in Resolution No. 10-291, the Board established the existing wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2010 Rate Resolution"); and WHEREAS, on December 2, 2014, in Resolution No. 14-220, the Board established the amended wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2014 Rate Resolution"); and WHEREAS, the Board provided written notice of the proposed Schedule of Rates, Fees and Charges for the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility to the utility customers within the District; the notice set forth the date, time and place of the meeting of the Board of County Commissioners at which such proposals would be considered concerning the 2015 Rate Schedule. WHEREAS, the Board, on the advise and recommendation of its utility staff and technical advisors has established a schedule fixing sewer and reclaimed water utility rates, fees and charges SHI Rate Resolution 2015 Packet Pg. 192 for customers within the District and finds that such adjusted 2015 (Exhibit A) Schedule of Rates, Fees and Charges just and equitable and in the public interest. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. ADOPTION OF 2015 RATE SCHEDULE FOR THE DISTRICT. The attached 2015 Rate Schedule, setting forth the rates, fees and charges for customers within the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility to be serviced by the District utility system is hereby adopted. The 2015 Rate Schedule shall be effective commencing with the first billing cycle on or after June 1, 2015. Section 2. AUTOMATIC ADJUSTMENTS. The 2015 Rate Schedule shall be automatically adjusted on an annual basis without further action of the Board based upon the application of the Florida Public Service Commission utility price index, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, ("Cost Adjustment"), to the then existing rates, fees and charges of the District. Prior to application of this automatic Cost Adjustment provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. In addition, the rates, fees and charges of the District shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District by any utility which provides utility service to the District, or upon implementation or increase of any taxes or assessments levied by a governmental authority against the District ("Cost Pass -through") Prior to application of this Cost Pass -through provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the SHI Rate Resolution 2015 Packet Pg. 193 amount of the adjustment and the new rates, fees and charges, as adjusted. Unless the Board votes to withhold an automatic Cost Adjustment or Cost Pass -through, the District's Schedule of rates, fees, and charges shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Board's meeting. No public hearing shall be required for the automatic adjustments set forth in this section. Section 3. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of their Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution. Section 4. EFFECTIVE DATE. The 2015 Rate Schedule shall be effective commencing with the first billing cycle on or after June 1, 2015 (the "Effective Date") Section 5. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson PASSED AND DULY ENACTED this 19t' day of May, 2015. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair SHI Rate Resolution 2015 Packet Pg. 194 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "A" SCHEDULE OF RATES, FEES AND CHARGES EFFECTIVE COMMENCING WITH THE FIRST BILLING CYCLE ON OR AFTER JUNE 1, 2015. SHI Rate Resolution 2015 Packet Pg. 195 8.R.2.c EXHIBIT "A" JUNE 2015 RATE SCHEDULE ST. LUCIE COUNTY UTILITIES SOUTH HUTCHINSON ISLAND DISTRICT WASTEWATER RATES: $30.72 per month per EDU Accrued Guaranteed Revenue (AGR) - a non-refundable guaranteed revenue charge paid by each new customer at a rate of $1,843.00 per EDU. Payment shall be due prior to the issuance of a building permit by St. Lucie County. CUSTOMER ACCOUNT CHARGE: $2.44 per metered connection WASTEWATER DEPOSIT: $ 89.00 per unit (refundable) (The District will require a deposit for each single family home or individual multifamily unit connecting to the District's system) RECLAIMED WATER RATE: $ 3.09 per thousand gallons (The reclaimed water rate will apply to any developer/future customer who receives reclaimed water prior to connecting to the District's system for wastewater treatment and disposal.) RECLAIMED WATER DEPOSIT: LATE CHARGE: CONVENIENCE FEE: NORMAL RECONNECTION OF SFRVI F- PREMISE'S VISIT (in lieu of disconnect): DR FF,F.- ADMINISTRATIVE FEE: PLAN REVIEW FEE: INSPECTION FEE: DEVELOPER AGREEMENT FEE: SERVICE AGREEMENT FEE: LATERAL FEES - SHORT & LONG: Resolution 2015 St. Lucie County Utilities Rate Schedule A Effective for bills rendered after June 1, 2015 $ 254.00 (refundable) The greater of $6.00 or 1.5% of full amount of late notice $2.25 $37.00 (normal hours) $103.00 per hour minimum (emergency only) $37.00 (normal hours) $103.00 per hour minimum (emergency only) $50.00 $300.00 2% of construction costs 1 1/2 % of construction costs $4,897.00 $591.00 Actual cost Packet Pg. 196 ITEM NO. RES-2015-88 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities SUBJECT: Resolution - Revised Uniform Extension Policy BACKGROUND: DATE: 05/19/2015 *CONSENT AGENDA\UTILITIES The Uniform Extension Policy (UEP) for the St. Lucie County Water and Sewer District (District) establishes uniform policies and procedures for the provision of utility service by the District. These documents shall be reviewed and updated periodically by the District Board. Since the UEP was revised in August, 2013, as a result of ongoing discussions with developers, there is a new proposed policy to be considered for inclusion in the UEP. Utility staff is recommending adding a new section, Section 1.A.4: Advanced Infrastructure Agreement, to the District Uniform Extension Policy. The proposed section, drafted in consultation with the Utility legal consultant and County Attorney's office, is attached and will be included in the UEP. This section allows for the design, construction and turn -over of infrastructure by the developer to the Utility District required by a development prior to reserving plant and/or line capacity (and paying at that time Utility Connection Fees) through the use of an Advance Infrastructure Agreement. A Standard Development Agreement will still be required to reserve capacity for the development but "defers" the accompanying payment to a later date and assists in the phasing of required payments. As the intent is not to place a burden on the Utility to maintain/operate additional infrastructure without customer support for an extended period of time, this section would be used in special circumstances. The new section provides another tool that can be utilized when working with new developments and utility infrastructure needs. NATJ[6101;id"HOVA August 6, 2013- BOCC approved Resolution 13-133 adopting the revisions to the Utility Service and Uniform Extension Policies for SLC Water & Sewer District with an effective date of August 6, 2013. December 18, 2012 - BOCC approved Resolution 12-219 adopting the revisions to the Utility Service and Uniform Extension Policies for SLC Water & Sewer District with an effective date of February 1, 2013. Packet Pg. 197 October 23, 2012 - BOCC approved Resolution 12-173 adopting the revisions to the Utility Service and Uniform Extension Policies for SLC Water & Sewer District with an effective date of January 1, 2013. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of Resolution for the revision of Uniform Extension Policy within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibit. COMMISSION ACTION: Coordination/Signatures L�e Waldie, Utility Director 5 5/Z , anie 5. McIntyre, C my ttorney 5/6/2015 Updated: 5/18/2015 3:42 PM by Kelly Phelan Page 2 Packet Pg. 198 8.R.3.a RESOLUTION A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE REVISIONS OF THE UNIFORM EXTENSION POLICY FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Board") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on October 23, 2012, in Resolution No. 12-173, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended Uniform Utility Service and Extension Policies for the utility services furnished to the customers of the District with an effective date of January 1, 2013; and WHEREAS, on December 18, 2012, in Resolution No. 12-219, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended sections of the Uniform Extension Policy for the utility services furnished to the customers of the District with an effective date of February 1, 2013; and WHEREAS, on August 6, 2013, in Resolution No. 13-133, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended sections of the Uniform Extension Policy for the utility services furnished to the customers of the District with an effective date of August 6, 2013; and w&S District Revised UEP Resolution Packet Pg. 199 8.R.3.a WHEREAS, the Board, on the advise and recommendation of its utility staff and technical advisors has established the revision to the Uniform Extension Policy (Exhibit "1") for customers within the District and finds that such revisions are just and equitable and in the public interest. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF 2015 REVISION TO THE UNIFORM EXTENSION POLICY FOR THE DISTRICT. The 2015 revision to the Uniform Extension Policy for customers within the St. Lucie County Water and Sewer District to be serviced by the District utility system is hereby adopted. Section 2. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of their Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution. Section 3. EFFECTIVE DATE. This Resolution shall become effective May 19, 2015 (the "Effective Date"). Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis Vice Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Tod Mowery 0 N C O A a) W IL w 00 LO 0 N U) w W w&S District Revised UEP Resolution Packet Pg. 200 8.R.3.a Commissioner Frannie Hutchinson XXX PASSED AND DULY ENACTED this 19t" day of May, 2015. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "1" UNIFORM EXTENSION POLICY REVISION EFFECTIVE May 19, 2015 W&S District Revised UEP Resolution Packet Pg. 201 FXTNTRTT "1 " St. Lucie County Water and Sewer Utility District Uniform Extension Policy New Section LAA: Advance Infrastructure Agreement Property Owner(s) of a proposed development that is anticipated to require central water and wastewater, may submit a request to the District to enter into an Advance Infrastructure Agreement (AIA) prior to the Property Owner(s) entering into an SDA/SRWDA/NSDA in accordance with Section 1. General, to provide for the advance design, construction and turn over of Off -Site Facilities necessary to provide water and wastewater service to the proposed development to the District. An AIA request is voluntary and subject to approval of the District in its sole discretion. An AIA, if approved, does not constitute a reservation of water or wastewater capacity for the proposed development, does not obviate the necessity for the Property Owner(s) to enter into an SDA or NSDA to obtain a commitment from the District to provide utility service for the proposed development, and does not guaranty that the District will subsequently enter into an SDA or NSDA for the proposed project. Property Owner(s) that enter into an AIA assume the risk that water and wastewater capacity will be available at such time as the Property Owner(s) subsequently request to enter into an SDA or NSDA. Property Owner(s) requesting an AIA acknowledge that entering into an AIA may not be used to evidence water and wastewater utility service availability to the proposed development for purposes of any growth management concurrence, development plan approvals, or land use or zoning applications for the proposed development. The execution of an AIA does not preclude the District from requiring additional Off -Site or On -Site Facilities for the proposed development at the time of entering into an SDA or NSDA. If approved by the District, the use of an AIA may allow phasing of reservation of capacity for a proposed development while accommodating utility infrastructure requirements for the total proposed development. Sections 2 - CONNECTION FEES and Section 3 - FACILITIES TO BE PROVIDED BY PROPERTY OWNER, plus all other applicable terms and conditions of the UEP remain applicable. All appropriate fees, as noted on Exhibit B of the attached Standard Advanced Infrastructure Agreement (new Exhibit "Z" to the UEP) are to be paid before execution of the agreement by the District. An AIA will be recorded by the District against the proposed development. AIAs are not binding on the District until executed by the District. Property Owners may not rely upon any oral or written communications from the District regarding utility capacity or terms of service except those set forth in an executed AIA. The District will not execute an AIA until all payments required to be paid at execution of an AIA under the provisions of the UPAP have been submitted to the District. Payments due upon submission of an AIA must clear into the District's bank account as a condition to the District's performance of its obligations under an AIA. An AIA runs with the Property described therein, may only be used for utility service to the Property, and may only be assigned to subsequent owners of said Property upon acknowledgement of the Add New Section 1.A.4. District Uniform Extension Policy 1 of 2 5/19/2015 Packet Pg. 202 F.XHIRIT "1 " District. No assignments will be considered by the District until an estimated administrative review fee is paid to the District. The Property Owner shall reimburse the District for all costs incurred by the District to prepare and process an Assignment. No assignments will be approved by the District until a final administrative review fee and all past due fees and charges are paid. The assignment of an AIA shall not extend the term of the original AIA. Without exception, no Property Owner may assign or transfer an AIA without approval or acknowledgement of the District as set forth above. The District shall not recognize any assignment or transfer in violation of this prohibition and shall not be bound or obligated to provide utility service to any assignee or transferee of such an assignment or transfer. Note: • SDA = Standard (Potable Water, Wastewater and Reclaimed Water) Development Agreement • SRWDA = Standard Reclaimed Water Development Agreement • NSDA = Non -Standard Development Agreement Add New Section 1.A.4. District Uniform Extension Policy 2 of 2 5/19/2015 Packet Pg. 203 8.R.3.c EXHIBIT "Z" Prepared by and Return to: St. Lucie County Water and Wastewater Utility District Attn: District Utility Director 2300 Virginia Avenue Fort Pierce, FL 34982 POTABLE WATER, WASTEWATER AND RECLAIMED WATER ADVANCED INFRASTRUCTURE AGREEMENT (AIA) THIS AGREEMENT made and entered into this day of , 20_, by and between St. Lucie County Water and Wastewater Utility District, hereinafter referred to as "Utility", and [ADD ENTITY DATA], hereinafter referred to as "Property Owner". WITNESSETH WHEREAS, Property Owner owns property located in St. Lucie County, Florida, and as more fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon Property Owner plans to develop the Property by erecting thereon residential and/or non-residential improvements. Property Owner desires to provide for the advance design, construction of Off -Site Facilities (as defined below) necessary to eventually provide water, wastewater and/or reclaimed water utility service to the Property in advance of such time as Property Owner determines to reserve water, wastewater and/or reclaimed water utility service to the Property; and WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not reserve any water, wastewater and/or reclaimed water utility service to the Property, nor confer nor grant any land use, zoning or site plan approvals for the Property, nor does it assure or guarantee Property Owner that Property Owner has or will be able to obtain land use, zoning or site plan approvals for or be able to construct on the Property with the completion of the Utility infrastructure under this Agreement. NOW THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility, as may be amended from time to time, which is incorporated herein by reference; Packet Pg. 204 8.R.3.c (b) "UEP" — the Utility Extension Policy for water, wastewater and reclaimed water service by Utility, as may be amended from time to time, which is incorporated herein by reference. (c) "UPAP" — the Utility Extension Policy, Utility Service Policy, the Utility Rate Tariff, and other policies and procedures adopted by the St. Lucie County (Utility), as may be amended from time to time, which is incorporated herein by reference. (d) "Service" - the readiness and ability on the part of Utility to furnish potable water and reclaimed water to and to collect wastewater from the Property; (e) "Point of Service" - generally, the point where the pipes or meters of Utility are connected with pipes of the Property Owner as further defined in the UPAP; (f) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which corresponds to the peak demand of the single-family residential category of Customer usage. This system capacity equivalency unit is utilized to establish the system demand for various sized connections for the purpose of assessing fees; (g) "Utility Facilities" - water, wastewater and reclaimed water facilities, including, but not limited to, mains, pipes, lines, pump stations, lift stations, hydrants, laterals, meters, valves, storage tanks, meter boxes, telemetry equipment, wells, signs, and SCADA systems, whether above ground, below ground or at grade level. (h) "Off -Site Facilities" - Utility facilities that are located between the Developer's or Customer's property boundaries and any and all Point Of Connections. (i) "On -Site Facilities" - Utility facilities that are located within Developer's or Customer's property boundaries. Property Owner hereby acknowledges that pursuant to Chapter 153, Part II, Florida Statutes, Utility has exclusive right and privilege to construct, own, maintain, operate, replace, add to and expand the Utility's Utility Facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in agreement, dedications or grants made otherwise and independent of said record plats. Utility covenants that it attempt to ascertain easement locations; however, should Utility install any of its Utility Facilities outside a dedicated easement area, Property Owner covenants and agrees that Utility will not be required to move or relocate any facilities lying outside a dedicated easement area as long as the facilities do not unreasonably interfere with the then or proposed use of the area in which the facilities have been installed. Property Owner hereby further acknowledges that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which Utility requests for the maintenance, operation, repair, replacement, addition to or expansion of the Utility Facilities; that in the event Utility is required or desires to install any of its Utility Facilities in lands within the Property lying outside the streets and easement areas described above, then Property Owner or the successor owner(s), as applicable, shall grant to Utility, without cost or expense to Utility, the necessary easement or easements for such installation; provided, all such installations by Utility shall be made in such a manner as not to unreasonably interfere with the then primary use of such Property. District Advanced Infrastructure Agreement Page 2 May 19, 2015 Packet Pg. 205 8.R.3.c 4. Property Owner is required to pay the fees and charges as noted in Exhibit B to this Agreement and the cost of the infrastructure as listed in Section 14. Special Conditions. 5. The Term of this Agreement is five (5) years. Upon receipt of payment of the fees, due upon execution of this Agreement, Utility agrees to either accept the funds and design, permit and build the advanced infrastructure or allow the property owner to design with review and approval by the Utility, permit, construct and turn -over the required advance infrastructure in the period noted in Section 14. Should the property owner choose to design, permit and build the advanced infrastructure, the construction must be completed within the time frame in the FDEP construction permit. Within five (5) years a SDA will be executed. This Agreement shall terminate automatically at the end of a Term, if not extended in accordance with the UPAP, and Property Owner agrees that Utility may record a termination of this Agreement in the event Property Owner has not renewed the Agreement. The termination shall extinguish all duties and obligations of Utility to property Owner under this Agreement. The duties, obligations and acknowledgements of Property Owner as set forth in Paragraphs 3, 4, 6, 7, 8, 10, 11, 12 and 14 of this Agreement shall survive termination of this Agreement. 6. Property Owner will construct up to the Point of Service to Utility, at no cost to Utility, the off -site Utility Facilities as determined necessary by District to be constructed by Property Owner to connect Property Owner's on -site Utility Facilities to Utility's Utility Facilities (all such off -site facilities referred to in this paragraph collectively as "Property Owner Facilities"). Upon compliance of said Property Owner Utility Facilities with the requirements of this Agreement and the UPAP for turnover of facilities, Utility agrees to accept ownership of the Property Owner Facilities for operation. Property Owner shall cause to be prepared engineering plans and specifications prepared by and sealed by a professional engineer registered in the State of Florida, showing the Property Owner Facilities. Utility will advise Property Owner's engineer of any facility and sizing requirements as mandated by the UPAP. All such plans and specifications, including hard copy and electronic media, submitted to Utility's engineer shall be subject to the approval of Utility and shall conform to Utility's standards as set forth in the UPAP, and no construction shall commence until Utility has approved such plans and specifications in writing. After approval, Property Owner shall cause to be constructed, at Property Owner's expense, the Property Owner Facilities as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be levied by Utility to cover the cost of plan review and inspection. During the construction of the Property Utility Facilities, Utility may from time to time inspect such installations to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to direct the Property Owner, at the Property Owner's expense, to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications and the UPAP. Inspection by Utility shall in no way relieve the Property Owner of his responsibility to install the facilities in accordance with the approved plans and specifications and the UPAP. Complete as -built plans, including hard copy and electronic media, shall be submitted to Utility upon completion of construction. Property Owner shall be required to re -install any Property Owner Facilities which do not meet the requirements of the UPAP or approved plans and specifications. Property Owner hereby agrees to transfer or cause the transfer to Utility title to all Property Owner Facilities at no cost to Utility. Such conveyance is to take effect without further action upon the written acceptance by Utility of the said installation. As further evidence of said transfer of title, upon the completion of the installation and prior to the rendering of service by District Advanced Infrastructure Agreement Page 3 May 19, 2015 Packet Pg. 206 8.R.3.c Utility, Property Owner shall convey or cause to be conveyed to Utility by Bill of Sale in a form provided in the UEP the complete Property Owner Facilities as approved by Utility, along with documentation of Property Owner's costs of construction and Property Owner's No Lien Affidavit, in form provided in the UEP. Subsequent to construction of the Utility Facilities, Property Owner shall convey to Utility all easements and/or rights -of -way covering areas in which Utility Facilities are located by a recordable document in a form supplied by Utility. Utility's acceptance of the Property Owner Facilities installed by Property Owner shall be in accordance with the provisions as set forth in the UPAP, provided acceptance by Utility shall not relieve Property Owner from its obligations under this Agreement. All installations by Property Owner or its contractor shall be warranted for one (1) year (or five (5) years in the case of lift station pumps and motor assemblies) from date of final acceptance by the District of the FDEP permit to place the system in to service. Mortgagees holding liens on such properties shall be required to release such liens, subordinate their position, or join in the granting of the easements or rights -of -way. All Property Owner Facilities shall be located within an easement if not located within platted or dedicated rights -of -way. The timely and continued payment by Property Owner of all fees in accordance with the terms set forth herein shall be considered essential to the continued performance by Utility of the terms and conditions of this Agreement. The construction and transfer of ownership of the Utility Facilities does not and will not result in the Utility waiving or offsetting any of its fees, rules or regulations. Property Owner shall not have any present or future right, title, claim, or interest in and to the Utility Facilities transferred to or owned by Utility. 7. Property Owner acknowledges with Utility that all Utility Facilities conveyed to Utility shall at all times remain in the complete and exclusive ownership of Utility, and no entity owning any part of the Property or any residence or building constructed or located thereon, will have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. Notwithstanding any provision in this Agreement, pursuant to Chapter 153, Part II, Florida Statutes, Utility may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water, wastewater and reclaimed water service to the Property. All rules, regulations and fees as set forth in the UPAP, shall be binding upon Property Owner, upon any other entity holding by, through or under Property Owner, and upon any Customer of the potable water, wastewater and reclaimed water service provided to the Property by Utility. Said rules and regulations include, but are not limited to, oversizing of facilities, use of previously oversized facilities or extension of facilities. 9. Property Owner or its assignee shall not have the right to and shall not connect any Property Owner Facilities or ERCs or ERICs to the Utility Facilities of Utility until approval for such connection has been granted by Utility. The parties hereto further agree that the expense of construction, operation and maintenance of all improvements beyond the Point of Service shall be the sole cost and expense of the Property Owner, upon any other entity holding by, through or under Property Owner, and upon any Customer of the potable water, wastewater and reclaimed water service provided to the Property. 10. This Agreement may not be assigned without the prior written consent of Utility, and may only be assigned to a successor in interest of Property Owner to the Property. As a consequence of the unique nature of providing for utility service to the Property, no part of this Agreement may be assigned separately from the whole of the Agreement. District Advanced Infrastructure Agreement Page 4 May 19, 2015 Packet Pg. 207 8.R.3.c 11. All notices provided for herein shall be in writing and transmitted by mail or by courier and, if to Property Owner shall be mailed or delivered to Property Owner at: With a copy to: and if to Utility, shall be mailed to Utility at: St. Lucie County Water and Wastewater Utility District Utility Director 2300 Virginia Ave., Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 12. During the Term of this Agreement, the rights, privileges, obligations and covenants of Property Owner and Utility shall not be terminated by the turnover of any portion of the Property Owner Facilities to Utility with respect to Property Owner completing the remaining portions of the Property Owner Facilities and provision of utility services to any phased area and to the Property as a whole. 13. This Agreement shall supersede, null and void, all previous agreements or representations, either verbal or written, heretofore in effect between Property Owner and Utility, made with respect to the matter herein contained, and when duly executed, constitutes the entire agreement between the Property Owner and Utility. No additions, alterations or variations of terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. Property Owner acknowledges that staff and employees of Utility have no authority to bind Utility or agree to any additions, alterations or variations of terms of this Agreement or the UPAP, which can only be added to, altered or varied by the St. Lucie County Commission sitting as the District governing board. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement shall lie in St. Lucie County, Florida. 14. Special Conditions: District Advanced Infrastructure Agreement Page 5 May 19, 2015 Packet Pg. 208 8.R.3.c IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. M7 [�11f3: a 11114110[11"et"L:%1Y01 IvRel�A T�:3 KI : I Approved as to Form and Correctness: County Attorney WITNESSES: Print Name: Print Name: District Advanced Infrastructure Agreement May 19, 2015 County Administrator PROPERTY OWNER: Lo Print Name: Its: Page 6 Packet Pg. 209 8.R.3.c NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of . He/she is personally known to me or has produced as identification. Signature of Notary Typed, Printed, or Stamped Name of Notary Public Serial Number JOINDER AND CONSENT OF MORTGAGEE , being the holder of that certain mortgage dated the day of ,20_, and recorded the day of , 20_, in Official Record Book , at Page , of the Public Records of St. Lucie County, Florida, hereby consents and subordinates its mortgage to the utility easements contemplated in the forgoing Standard Potable Water, Wastewater and Reclaimed Water Development Agreement. WITNESSES: STATE OF FLORIDA COUNTY MORTGAGE HOLDER: By: Title: Print Name: NOTARY CERTIFICATE The foregoing instrument was acknowledged before me this 20 by , of as identification. He/she is personally known to me or has produced Signature of Notary day of , , on behalf of the Typed, Printed, or Stamped Name of Notary Public Serial Number District Advanced Infrastructure Agreement Page 7 May 19, 2015 Packet Pg. 210 8.R.3.c Exhibit A PROPERTY DESCRIPTION r 0 N C O A N a w 00 Lo r 0 N Co W w Lo r O N a+ C d E d N L tM Q a) L V L N M L E t U 2 Q District Advanced Infrastructure Agreement Page 8 May 19, 2015 Packet Pg. 211 8.R.3.c Exhibit B SCHEDULE OF FEES OFFSITE DESIGN/ENGINEERING AND CONSTRUCTION COSTS: (*AMOUNT DUE UPON EXECUTION OF AGREEMENT) DOCUMENT RECORDING FEE: (_PAGES) ($10.00 first page/$8.50 additional) (*AMOUNT DUE UPON EXECUTION OF AGREEMENT) PLAN REVIEW FEE: TBD (*MINIMUM OF 2% CONSTRUCTION COSTS DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL ADDITIONAL COST PAYABLE PRIOR TO REGULATORY SIGN -OFF) INSPECTION FEES: TBD (*MINIMUM OF 1'/z% OF THE ENGINEER'S CERTIFIED CONSTRUCTION COST ESTIMATE DUE UPON EXECUTION OF AGREEMENT WITH ACTUAL ADDITIONAL AMOUNT DUE PRIOR TO REGULATORY SIGN -OFF) ADMINISTRATION FEE: (*MINIMUM OF $ DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL COST PAYABLE PRIOR TO REGULATORY SIGN -OFF) TOTAL DUE UPON EXECUTION OF AGREEMENT* Note: Fees may be adjusted from time to time based on current resolution. District Advanced Infrastructure Agreement May 19, 2015 Page 9 Packet Pg. 212 8.R.3.c r 0 N C O A N IL w D 00 LO r 0 N W w LO r O N a+ C d E d N L Q L V L N m L t :i Q Packet Pg. 213 9.A.1 ITEM NO. ORD-2015-5 J DATE: 05/19/2015 COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Proposed Amendments to Alarm Ordinance BACKGROUND: The Alarm Association of Florida, Inc. has contacted County staff regarding concerns with the proposed amendments to the alarm ordinance. In order to have an opportunity to meet with Association representatives to discuss these concerns, staff is recommending that the public hearing be continued to May 19, 2015 at 9:00 a.m., or as soon thereafter as may be heard. Attached to this agenda item is proposed Ordinance No. 2015-5 which would amend Chapter 18, Article IV (Alarm Systems) of the St. Lucie County Code of Ordinances and Compiled Laws. The proposed ordinance provides for a restructuring of the current alarm ordinance to shift administration of the permitting process and fine collection to a third party alarm administrator. The ordinance was drafted by the Alarm Committee composed of representatives of each of the local law enforcement agencies, the St. Lucie County Fire District, and the Public Safety Director. On March 24, 2015, the Committee met and recommended adoption of the final draft of the proposed ordinance. Notice of the public hearing was published in the St. Lucie News Tribune on April 9, 2015. Prior to the public hearing, staff was contacted by representatives of the Florida Alarm Association and the Security Industry Alarm Coalition who requested that the public hearing be continued in order for them to meet with the Alarm Committee to discuss their concerns with the proposed ordinance. In order to allow time for this meeting to occur, the Board continued the April 21, 2015 public hearing to May 19, 2015. On April 30, 2015, the Committee met with representatives of the Florida Alarm Association and the Security Industry Alarm Coalition to review their concerns regarding the proposed ordinance. Following that discussion, the Committee voted unanimously to revise the draft ordinance to address these concerns to require alarm installers to maintain appropriate licenses under Chapter 489, Florida Statutes, delete a separate bond requirement not authorized under Chapter 489, and require second call verification for non -fire false alarms prior to notifying dispatch at the 911 communications center. Second call verification would not be required in the case of panic or robbery -in -progress alarms or where a crime -in -progress has been verified by video and/or audible means. The attached ordinance incorporates these revisions. Packet Pg. 214 9.A.1 PREVIOUS ACTION: On April 7, 2015, the Board of County Commissioners authorized permission to advertise the proposed ordinance for a public hearing on April 21, 2015. On May 5, 2015, the Board continued the public hearing to May 19, 2015 at 9:00 a.m. or as soon thereafter as may be heard. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 2015-5 as drafted. COMMISSION ACTION: Coordination/Signatures / iYanieYS.WMcintyre, orney 4/9/2015 nd Tipton, Count Administrato 4/13/2015 H Updated: 5/11/2015 12:02 PM by Shane A. De Witt A Page 2 Packet Pg. 215 9.A.1.a ORDINANCE NO. 2015-5 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 18-89 (DEFINITIONS) TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 18-90 (AUTOMATIC DIALING DEVICE —INTERCONNECTING TO TRUNKLINES) TO PROVIDE FOR ISSUANCE OF CEASE AND DESIST ORDERS NOTICES; AMENDING SECTION 18-94 (ALARM PERMIT -REQUIRED) TO PROVIDE FOR PROVIDE FOR THE COUNTY'S THIRD PARTY ADMINISTRTATOR TO ADMINISTER THE PERMIT PROCESS; AMENDING SECTION 18-95 (SAME - APPLICATION) TO CLARIFY THE APPLICATION AND APPROVAL PROCESS; AMENDING SECTION 18-96 (SAME-TERM;FEE; NONTRANSFERABLE) TO REDUCE THE PERMIT TERM TO ONE YEAR AND PROVIDE SIX MONTH ANMENSTY PERIOD FOR REGISTRATION OF PREVIOUSLY NON - PERMITTED ALARM SYSTERMS FOLLOWING ADOPTION OF ORDINANCE; AMENDING SECTION 18-97 (SAME -ISSUANCE) TO PROVIDE FOR THE COUNTY'S THIRD PARTY ADMINISTRATOR TO ISSUE PERMITS; AMENDING SECTION 18-98 (EXCESSIVE FALSE ALARM SIGNALS — GENERALLY) TO ESABLISH INSTALLATION REQUIREMENTS AND DUTIES OF ALARM OWNERS AND ALARM COMPANIES; AMENDING SECTION 18- 99 (SAME -FALSE ALARM DISPATCH CHARGES; COLLECTION) ESTABLISHING PROCEDURE FOR DETERMINATION OF FALSE ALARM AND NOTICE TO ALARM USER AND/OR RECORD TITLE OWNER; AMENDING SECTION 18-100 (DISBURSEMENT OF SERVICE CHARGES) TO ESTABLISH A REVISED FEE SCHEDULE FOR FALSE ALARMS; RENUMBERING SECTION 18-100 (DISBURSEMENT OF SERVICE CHARGES) TO SECTION 18-101 AND PROVIDING CLARIFICATION REGARDING THE RESPONDING AGENCY; NGPROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1982, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 1 Underlined passages are added. S*r--- ''-*"r^-passages are deleted. Packet Pg. 216 9.A.1.a 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1- 2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. It is in the best interest of the health, safety and welfare of the County's residents to amend Article VI of Chapter 40 of the County Code of Ordinances to ensure consistency with the requirements of state law and to ensure flexibility in administration of the financing program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 18-89 (Definitions) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-89. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. In those cases wherein a word or words are not defined. its definition shall be as found in Black's Law Dictionarv. latest edition. or in American Heritage College Dictionarv. third edition. ********************************************************************* Alarm means a signal (audio or visual, recorded or live) transmitted to a law enforcement agency or the Fire District indicating a aredetermined condition. Said alarm is received either: (1) Via a private alarm service company relayed to a law enforcement agency or Fire District telephone. (2) Via an audible/visual signal relayed to a law enforcement agency or Fire District by a third party. ********************************************************************** Alarm hermit means a permit issued by the countv or its third Dartv alarm administrator allowine the operation of an alarm system within the county. ********************************************************************* Alarm system means -alarm systems en rnA-tA-.r vehicles or proprietary systems. if, however, an alarm system on a motor vphmr-lp C-AAAPr#;Ag**h A alarm system an a premises (other thaR a IpFepFietaFy system), the system is aR alert er signal persens within the pFp-.n;*,.;P--,; mp yihmrch the -Aarm systern is ef -an attempted unauthe.ruzzed kn.t.rusie.n. er heldup attempt. if such a system hewever, empleys -A.n signal emitting attentien -and te ;Afhich police er fare are expected to respend. This definataen dees net Underlined passages are added. S_*r--- ''-*"r^-passages are deleted. Packet Pg. 217 9.A.1.a s AG --- P P-1 _-; A-Ir a flashing light A-1, -hear-- A- R designed te signal peFsens eutside the premises, sueh a system shall be subject * the pFevws* n, of this art; i any assembly of equipment, mechanical or electrical, arranged to: (1) Signal the occurrence of a forced entry, fire, or other activity requiring urgent attention and to which law enforcement or the Fire District is exaected to resaond, and/or. 2) Monitor and/or annunciate the status of alarm or suoervisory devices Alarm user means system, s .defiRed- un *hes - t; -i ;s At-,;R,,,J ,Vith;R the G Rty the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained. ********************************************************************** Burglar alarm means an alarm system designated to indicate a condition of illegal forced entry or illegal attempted forced entry. ********************************************************************** County means, St. Lucie County, and for the purposes of this section only shall include the City of Fort Pierce, the City of Port St. Lucie, and the St. Lucie County Fire District, unless otherwise specified. False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the owner, user, custodian, or lessee of an alarm system, or his employees requiring an emergency response, when in fact an emergency does not exist or the activation of the alarm, whether intentional or unintentional. False alarms do not include: (1) Alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions. (2) (3) Alarms covered by F.S. Sections 1101.44 401.425 and 806.101. Fire alarm means an alarm system designated to indicate the presence of fire or smoke is in progress immediately preceding the alarm. F.ir-P GI-orm systems refers to a signal er message frem a or device indicating the existe.nce of a fire Ar Ather emeFgeRGY fire department persen mean any devise designed far the WhiGh required aetie­p and Shall ethers ef the of fire, er beth, which device vdhe.n activated, ernits a SA-1-inf-I A_Ir transmits a signal presence 3 Underlined passages are added. S*r--- ''-*"re- passages are deleted. Packet Pg. 218 9.A.1.a Ciro .JepGFtn9e t means the e my fire distFier Fire District means the St. Lucie County Fire District. Law enforcement agency, means the St. Lucie County Sheriff's Office, the City of Fort Pierce Police Department and/or the City of Port St. Lucie Police Department. Medical alarm means an alarm system designated to signal the presence of a hazard requiring urgent attention and to summon emergency medical personnel. Record title owner means the person or persons in whose name title to real property are recorded on the public records. Robbery alarm means an alarm system designated to indicate a robbery (holdup) is in progress immediately preceding the alarm, or the activation of a device designed to signal duress or the activation of a device to signal an ambush is in progress immediately preceding the alarm. PART B. Section 18-90 (Automatic dialing device — Interconnecting to trunklines) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-90. Automatic dialing device —Interconnecting to trunklines. u No automatic dialing device shall be interconnected to any primary or special trunkline at any law enforcement agency orfire department in the County or the 911 communications center unless under special investigative purposes as authorized by the chief executive of the law enforcement agency, the fire marshal or the public safety director. (b) If a law enforcement agency has knowledge of the unlawful maintenance of an automatic telephone dialing alarm system installed. or oaerated in violation of Sec. 18-90(a). it shall. in writing. order the owner, operator or lessee to disconnect and cease operation of the system within seventy-two (72 hours of receipt of the order. (c) Any automatic telephone dialing system installed as set forth in Sec. 18-90(a), prior to the effective date of Ordinance No. 15-XX shall be removed within fortv-five (45) days of the order as referenced in Sec. 18-90(b). PART C. Section 18-94 (Alarm permit -Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec 18-94 Alarm permit —Required. (a) No person shall install, maintain, er eperate an alarm systems se. ving a p. emises er building, er pertien thereef, in the unincerperated areas ef. the county, unless an alarm permit in the any alaFm systems existing pFieF to the effeetave date thp Ardmp;;p P,; frApq whieh this artiele s deFived, an alaFm peFmit application Shall be Made viithip 60 dayS Of the e4eetive date #eesf It shall be unlawful for anv aerson or companv to operate, monitor, or be resaonsible 0 Underlined passages are added. Str,,,.'-+"r „^" passages are deleted. Packet Pg. 219 9.A.1.a for an alarm system, without prior registration with 1p.y ^"f^rc-pm' * the entity designated by the County. This shall apply to both commercial and residential systems. A separate permit is required for each alarm site. T"^r^ ir ^^ r^^istFati^^ fee (b) Any after the faet peFmit issued te peFsA-.A,-; vVhe initially failed te ebtain peFFnit sh-all be i-s-sued ++,.,iC.^ *_he est f the permit fee Each person or company which operates, monitors, or has responsibility for alarm systems, who notifies the county of an alarm activation, shall at the time of notification, disclose the name, address, telephone number, and permit number of the alarm user to the countv. PART D. Section 18-95 (Same --Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec.18-95. Same --Application. (a) ided by the tax celleeteF. The applicatien shall be SigRed by the alarm --,;Pr ;hAI! provide the pFav fGIl.,,.,iRg info,-,- at;^^: Any person desiring an alarm system permit shall file an application with the county's third party alarm administrator on a form provided by the administrator manually or electronically which includes but is not limited to, the following information: (1) and +elepheine ^ mher .,f the perSeR Sable fer+he prelger rnaiRtenaRce and , Fata R .,f+he _Afar.. . stem and ^ .,+ .,f fees a s s es s ^,1 , .,,1^r this ar+i4e The name and address of the applicant; (2) ;flarm If different than above, the address at which the alarm system is to be installed and used; (3) rved by the alarm. If the applicant is a corporation the names and addresses of its principal officers; (4) The cIarrificatieR of the a_IaFFn system - .,i+h.,r C al . S,de.,+ial If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same; (5) V.Ih +her+he building is r .,+,,.1occupied. A description of the alarm system proposed to be installed. including the manufacturer's name and model number. if anv: (6) , held up, duFess, fiFe, or . For residential properties: the names, addresses and telephone numbers of two (2) or more persons who will be available to secure the premises during any hour of the day or night: For commercial properties: the names, addresses, and telephone numbers of three (3) or more ons who will be available to secure the Dremises durine anv hour of the day or ni 5 Underlined passages are added. S+r--- 'l-+"r^-passages are deleted. Packet Pg. 220 9.A.1.a (7) Classification of the alarm site as being equipped or non -equipped for duress alarm. Any such additional information that the County may deem necessary in order to fully and properly administer this chapter. (b) Angended epplic-Gtien. An amended applaeatien shall he filed ;.vithin ten days a#eF any Ghange in the „ster a new alarm per..it Sall be required Whenever any change occurs relating to the information required by this section, the applicant or permittee shall give written notice thereof to the County third party alarm administrator within ten days after such change. (c) An alarm system permit may be denied if the application is not in the proper form, does not contain all information, or fees reauired by this chapter are not paid. d) To the extent allowed by law and in the interest of public safetv. all information contained in and gathered through the alarm permit applications, records relating to alarm dispatch requests, and applications for appeals shall be privileged information held in confidence by all employees or representatives of the Countv and by anv third -warty administrator or emplovees of a third -warty administrator with access to such information. PART E. Section 18-96 (Same —Term; fee; nontransferable) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-96. Same --Term; fee; nontransferable. (a) AR alaFFn peFfflit shall have a te.r.m. ef. tvVe yeaFs 49m date of issuanee, sweh teFFn to begin Geteb-&F two yeaFs thFeugh September 30. Alarm System Permits are issued for a period of one (1) year and will expire 365 days after the date of issuance or renewal, unless otherwise suspended or revoked at an earlier time. Uoon expiration of an alarm system permit. a renewal permit must be obtained 6 Underlined passages are added. S*r--- ''-*"r^-passages are deleted. Packet Pg. 221 9.A.1.a (b) in the manner specified by the county before an alarm system may continue in use. (c) , s4+csess+vereeewal peFmits, to defr-aythe cast ef regelat+en. Alarm permits may not be transferred to another person or alarm site. Permits are valid only for the permittee and address listed on the permit. (d) Gever ^IY ^ e ",,;i, iRg 9F premises. An alarm user shall inform the County's third party alarm administrator of any change that alters any information listed on the permit application within ten working days. (e) It is the responsibility of the alarm user to submit a renewal application prior to the permit expiration date. Failure to renew shall be classified as use of a non -permitted alarm system and citations and penalties shall be assessed without waiver. (f) Within six (6) months of the effective date of this ordinance any person who has a pre-existing alarm system which was not installed under a permit may obtain an installation permit for the scheduled fee without a penalty. PART F. Section 18-97 (Same --Issuance) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec.18-97. Same —Issuance. An alarm permit shall be mailed to the alarm user by the tax collector County's third party alarm administrator at the address of the alarm user sated on the application within ten days after receipt of the completed application by the nor County's third party alarm administrator. An alarm permit shall be denied if: (a) The requested information is not supplied on the application. (b) Material information on the application is incorrect. (c) Any person or entity listed on the application as responsible for the installation, maintenance and/or monitoring of the alarm system does not possess any required occupational or regulatory license to conduct such activities unless the person or entity is the alarm user. (d) All false alarm dispatch charges for excessive false alarms owed by the alarm user have not been paid. (e) The alarm user had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. PART G. Section 18-98 (Excessive false alarm signals —Generally) Alarm permit -Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-98. Excessive false alarm signals ;T. Installation requirements; duty of owners; duties of alarm companies. 7 Underlined passages are added. Str --- ''- *"r^ ^" passages are deleted. Packet Pg. 222 9.A.1.a (a) Prior to the activation or substantial modification or use of an alarm system, as defined in 18- 89, the owner, manager, or lessee of the premises shall furnish to the County's third party alarm administrator on a form provided by the County's third party alarm administrator manually or electronicallv which includes information deemed necessary to arovide adeauate resaonse to the alarm. (b) Owners, managers or lessees of existing alarm systems as defined in Sec. 18-89 shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirements. (c) Owners, manager or lessees, or agents of any alarm system shall respond to the alarm location, when requested, in order to reset or deactivate the alarm system within a reasonable time of notification. Failure to arovide such access shall result in a false alarm assessment as provided in Sec.18-100. d) Prior to the activation or use of anv tvae of Reneral alarm device the owner. manager or lessee of the premises shall furnish to the County's third party alarm administrator, information regarding the full names, addresses and telephone numbers of at least three (3) persons for commercial properties and two (2) persons for residential properties who can be reached at all times and who are authorized and have the capability to enter the premises and deactivate the alarm device. Owners, managers or lessees of the premises with alarm devices already installed shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirement. It shall be the responsibility of the owner, manager or lessee of the premises to provide an updated list annually to the County's third party alarm administrator. Failure to do so may result in a false alarm assessment subiect to the sanctions of Sec. 18- 100. (e) All burglar alarm systems having an audible or visual signal at the premises shall be equipped so as to automatically shut off the audible or visual signal after fifteen (15) minutes, except those systems required by law to have a longer operating period, in which case said system shall be equipped so as to automaticallv shut off the audible or visual sienal at the conclusion of the longer reauired oaeratine time. (f) All alarm systems shall be properly maintained. System malfunction due to faulty maintenance shall not be grounds for an excused false alarm assessment. E.3 Underlined passages are added. S_*r"''-*"r^-passages are deleted. Packet Pg. 223 9.A.1.a (g) All alarm systems shall obtain all necessary permits and inspections for the installation of the s sy tem. (h) All alarm companies that sell, lease, install, operate, monitor or have the responsibility for alarm systems, shall maintain the appropriate license as required under Chapter 489, Florida Statutes, and shall register annually with the County. A fine of $500.00 shall be assessed to any alarm monitoring companv who fails to register. Each registration shall be valid for twelve (12) months. The alarm monitorine companv shall provide the following information: (1) Name, street address and telephone number. Monitoring companies shall maintain, for a period of at least one year, records relating to alarm notification and shall provide such records to the County's third party alarm administrator upon request, or a fine of $125.00 shall be assessed. The names. street addresses. and telephone numbers of all contracted alarm operators within the territorial iurisdiction of the Coun (3) The procedure used to verify the legitimacy of an alarm prior to notification of County law enforcement. 4) The name. street address. and telephone number of the alarm com (i) An alarm company performing monitoring services shall: (1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum, that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in the case of a panic or robbery -in -progress alarm, or in cases where a crime -in -progress has been verified by video and/or audible means. Provide alarm user registration number. when available. to the communications center to facilitate dispatch and/or cancellation. (3) Communicate any available information about the location of the alarms to the communications center. 4) Communicate a cancellation to the communications center as soon as possible followine a determination that a response is unnecessa PART H. Section 18-99 (Same —False alarm dispatch charge; collection) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-99. Sam^—Fa'rs^ ^'^Fm despatch ehaFge; ^^"ertien Response to alarms; determination of validity. 9 Underlined passages are added. S t r ,,.1, +hrA,, .� passages are deleted. Packet Pg. 224 9.A.1.a herein, the t;;M r_,A_11P_C_#A_F Shall Ratify the sheriff eF the forp- ImlapShal, as apprepFiate, that the eharge is past due. Thp- she-Fiff A­r the fare marshal, as appFepriate, Shall thp-R Make an e4ert R a timely manner, the ShP_Fiff ASIP f*PP- MaFshal, as apprepiciate, shall file a CemplaiRt With the -additi^^ to the eharges ^ O„j^,1 4^ *"l'S seGtie^ Whenever an alarm is activated in the county, thereby requiring an emergency response to the location by law enforcement and/or the fire district, and the management of the alarm site does not respond, a police officer or firefighter on the scene of the activated alarm system shall visually inspect the area protected by the system and shall exercise reasonable judgment to determine whether the emergency response was in fact required as indicated by the alarm system or whether in some way the alarm system malfunctioned and thereby activated a false alarm. (b) If a police officer or firefighter at the scene of the activated alarm system determines the alarm to be false, said officer shall make a report of the false alarm, a notification of which shall be mailed or delivered by the third party alarm administrator to the alarm user and/or record title owner at the address on file with law enforcement, advising the alarm user and record title owner of the false alarm. (c) Law Enforcement shall have the right to inspect any alarm system on the premises to which a response has been made and they may cause an inspection of such system to be made at any reasonable time thereafterto determine whether it is being used in conformity with the terms of this chapter. (d) All false alarm dispatch charges collected as the result of such enforcement shall only be used to offset the costs incurred in responding to false alarms and administration of the alarm systems ordinance. 10 Underlined passages are added. S_*r"''-*"r^-passages are deleted. Packet Pg. 225 9.A.1.a PART I. Section 18-100. (Classifying alarms; fees charged) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-100. Classifying alarms; fees charged. (a) For each response by any emergency unit of the County to an alarm the responding agency will file a report, classifying the alarm as one of the following: (1) False alarm, system test with no notification or system malfunction. 2) False alarms. no system test. no owner response (3) Valid alarm for cause designated. (b) There shall be a fine charged for false alarms according to the following schedule during a rolling twelve month period: Alarm Within 12 Months Fire/Rescue Law Enforcement First LO LO Second 200 100 Third 300 200 Fourth 500 400 Fifth & Subsequent 500 500 (c) Alarm Companies shall not activate the alarm system prior to the registration. If a false alarm occurs prior to the registration of the alarm permit, the alarm monitoring company will be charged a fine of $250.00. If the alarm system is self -monitored the alarm user will be charged a fine of $50.00, which may be waived if the alarm permit is registered within thirty (30) days. (d) In addition, any person operating a non -permitted Alarm System will be subject to an additional fine of $50.00. This fee may be waived if the aermit is registered in fifteen (15) days. PART J. Section 18-100 (Disbursement of service charges) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 184W101. Disbursement of service charges. Service charges will be disbursed to the fine and forfeiture accounts of each responding law enforcement agency and/or the general fund of the county fire district whie" FespeRded *^ *"^ false -,'-,rm or in a manner as agreed to by all affected agencies. Pursuant to F.S. Section 30.51, all service fees and charges assessed for services of the Sheriff shall be remitted to the county. 11 Underlined passages are added. S-*r"''-*"r^-passages are deleted. Packet Pg. 226 9.A.1.a PART K. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART L. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART M. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART N. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XX Vice Chair Kim Johnson XX Commissioner Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX PART O. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts K through O shall not be codified. ATTEST: PASSED AND DULY ADOPTED this XX day of XX, 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 12 Underlined passages are added. Str --- r'- *"r^ ^" passages are deleted. Packet Pg. 227 9.A.2 ITEM NO. ORD-2015-6 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Expert Shutter Services, Inc. - Economic Development Ad Valorem Tax Exemption Ordinance On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy is attached. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phase out schedule for new expanding businesses. On October 28, 2003 the Board adopted Resolution No. 03-258, rescinding Resolution No. 02-196, which created new application procedures and a revised eligibility chart and phase out schedule for the County's Economic Development Ad Valorem Tax Exemption Program. A copy of Resolution No. 03-258 is attached. Referendums were held in 2002 and 2012 and passed by the voters extending the ability of the County to approve economic development ad valorem tax exemptions. Attached is an application filed by Expert Shutter Services, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the memorandum states, Expert Shutter Services, Inc. submitted the required information and met the statutory definition of an expansion of an existing business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $28,172.97. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $13,918.98. The net increase in employment is 10 employees. Under the property tax eligibility chart, it appears that Expert Shutter Services, Inc. would receive a six (6) year exemption, passed as follows: Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 60% Packet Pg. 228 9.A.2 Year 5 - 40% Year 6 - 20% After the first year of exemption, if a business can verify that more than sixty (60%) or eighty (80%) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a draft Ordinance which, if adopted, would grant Expert Shutter Services, Inc. an economic ad valorem tax exemption for a period of six (6) years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $28,172.97. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $13,918.98. RECOMMENDATION: Staff recommends the Board approve the draft ordinance and authorize the Chair to sign the ordinance. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, C my ttorney 5/6/2015 Updated: 5/11/2015 12:17 PM by Shane A. De Witt Page 2 Packet Pg. 229 9.A.2.a PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: $126,515,893.83 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: $28,172.97 3. Estimate of the revenue which would be last to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: $13,918.98 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 11,L78 850. Tangible Personal Property: n/a** 5. 1 have determined that the property listed above meets the definition. as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ]. as an Expansion of an Existing Business [ ]. or Neither 6. Last year for which exemption my be applied: _ 2025 assum' a grant ,ofl 6 DATE: A 2— zD SIGNED: ffiroperty Appraiser) RETURN TO BE FILED NO LATER THAN MARCH I All tax values and rates stated are based on the 2014 Final Roll submitted to the Department of Revenue on � 10/13/2014. Additionally, the estimate of revenue lost (item 3) is calculated based upon the taxable value lost (item 4) which is the customer's estimate of value as stated in the Economic Development Ad Valorem TaxT. Exemption application. The Property Appraiser's value is not available at the time of the application as the building has yet to be constructed. o c m m 104)7.03 - rr; E('ONONlfc-nDN Ar.ortr:M` -..APPI )rA]'ION v� L d t O) L Q. X W d E t V 17 a Packet Pg. 230 9.A.2.b Ad Valorem Tax Exemption Program St. Lucie County 3/10/2009 The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determine if you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Michael Brillhart, Business & Strategic Initiatives, at (772) 462-6406. Table of Contents I. Program Intent II. Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines I. Program Intent 1 Packet Pg. 231 9.A.2.b The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%) of the assessed value per Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H. throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. LO ti r M 0 r- 0 .Q a a S v; a� L d W L U) L Q X W d E t V a Q 2 Packet Pg. 232 9.A.2.b II. Enactment Authority Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions. In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. 3 Packet Pg. 233 9.A.2.b III. Definition of Terms The following words, phrases, and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: A. Applicant — Any person, firm, partnership, or corporation that files an application with the St. Lucie Board of County Commissioners seeking an economic development ad valorem tax exemption. B. Bonus exemption for employment of St. Lucie County residents and St. Lucie County contractors. 1. If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then the business shall be entitled to one additional year from the standard exemption as set forth on Attachment 1. 2. If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then the business shall be entitled to two additional year from the standard exemption as set forth on Attachment 1. 3. If a business can verify that it used a licensed general contractor whose principal place of business is located in St. Lucie County to construct the improvements then the business shall be entitled to one additional year from the standard exemption as set forth on Attachment 1. 9C. Business — Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. SD. County — St. Lucie County. PE. Department — The Florida Department of Revenue. €F. Expansion of an Existing Business: 1. As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect LO ti r M 0 c 0 .Q a a S v; a� a� U) a� a x w a� E M U 0 a M Packet Pg. 234 9.A.2.b to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. G. Extraordinary as determined by St. Lucie Board of County Commissioners. GH. Improvements — Physical changes made to raw land, and structures placed on or under the land surface. # I. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: 1. A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five LO (25) or more full-time employees in this State, whose Sales Factor, as defined by ti Section 220.15(5), Florida Statutes, for the facility with respect to which it M requests an economic development ad valorem tax exemption is less than 0.50 cr� for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in a this State; provided such office space houses fifty (50) or more full-time a employees of such corporation; or = 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida v; a� .2 Statutes). N 5. Any new business must first begin operation on a site clearly separate from any L d V other commercial or industrial operation owned by the same Business. U) f J. Property within a Community Redevelopment Area (CRA) — Any property located within a� X- a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. E J K. Real Property — Shall be defined in Section 192.001, Florida Statutes. M U a K L. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the 5 Packet Pg. 235 9.A.2.b taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L M. State — State of Florida. M N. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes El I Packet Pg. 236 9.A.2.b IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption" Before completing an application, please read the following eligibility requirements that determine whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. F. New Business 1. As defined in Section 196.012.(15), Florida Statutes, a new Business must meet o the following criteria: LO ti (a) A business establishing ten (10) or more jobs to employ ten (10) or more M full-time employees in this State, which manufactures, processes, r compounds, fabricates, or produces for sale items of tangible personal 2 property at a fixed location and which comprises an industrial or .20 manufacturing plant; or a a (b) Any business establishing twenty-five (25) or more jobs to employ twenty- _ five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect .2 to which it requests an economic development ad valorem tax exemption N is less than 0.50 for each year the exemption is claimed; or (c) An office space in this State owned and used by a corporation newly in domiciled in this State; provided such office space houses fifty (50) or _ more full-time employees of such corporation; or X- w (d) A Business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). E M U a (e) Any new business must first begin operation on a site clearly separate a from any other commercial or industrial operation owned by the same business. 7 Packet Pg. 237 9.A.2.b G. Expansion of an Existing Business 1. As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. LO ti r M 0 C 0 .Q a a S a) L d cn a� a x w E M U a a Packet Pg. 238 9.A.2.b V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Business & Strategic Initiatives Division an application prescribed by the State Department (Form DR-418, and County Supplemental application). B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: 1. The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; o (b) expected number of employees who will reside in St. Lucie County; LO (c) average wage of employees (excluding the top executive's salary); ti (d) type of Industry or business; M (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; 2 (h) cost and demand for services; a (i) source and supplies (local or otherwise); a Q) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. v; a� C. If a new Business or an Expansion of an Existing Business is locating in a Community 2 Redevelopment Area, the Community Redevelopment Board shall be provided with a V copy of the application for review and comment. Input from the Community � Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax X- Exemption, the agency may submit an objection in writing to the BOCC for its consideration. a� E M U a 0 Packet Pg. 239 9.A.2.b VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Business & Strategic Initiatives (BSI) Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90-day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 1st of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Business & Strategic Initiatives Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, a one -page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3: Preliminary Eligibility and County Commission Resolution: The County Business & Strategic Initiatives (BSI) Division will accept and review the application for preliminary eligibility. The BSI Division will review and notify the applicant of eligibility and/or any application deficiencies within thirty (30) days of submission. Step 4: Preparation of the Final Application: Upon receipt of the final application, the County Business & Strategic Initiatives Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. Step 5: Review, Analysis and Recommendation of the Property Appraiser and GRDRD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal impact of granting the exemption, sign the State application, and forward to St. Lucie County Business & Strategic Initiatives Division. As required by Florida Statute the Property Appraiser's report will include the following: The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue if the actual total available revenue cannot be determined; a 10 Packet Pg. 240 9.A.2.b 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The BSI staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6: Preparation of the Exemption Ordinance: The Business & Strategic Initiatives Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Business & Strategic Initiatives Division, and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the o County may choose to adopt an ordinance granting the exemption to a new or expanding business. If Lo granted, the ordinance shall include the following information: ti r M 1. The name and address of the new business or expansion of an existing cr� business; 2. The total amount of revenue available to the County from ad valorem tax sources a for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of exemptions currently in effect, and the = estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and in 4. A finding that the business meets the definition of a new business or of an X- expansion of an existing business as set forth in Section III. `" W E M U a 11 Packet Pg. 241 9.A.2.b Step 7: The Guidelines for Determining the Percentage of Exemption. See attached Program Guidelines for point calculation using number of jobs, hourly wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. 12 Packet Pg. 242 9.A.2.b VII. Contact Source for Assistance Exemption applications are available at the County at 2300 Virginia Avenue, Fort Pierce FL 34982. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to determine the viability of filing an application should contact St. Lucie County's Business & Strategic Initiatives Division. St. Lucie County BOCC Business & Strategic Initiatives 2300 Virginia Avenue Fort Pierce FL 34982 (772) 462-6406 all 13 Packet Pg. 243 9.A.2.b St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business — Number of iobs created Points 25-49 5 (X) 50-99 7 100-199 9 200+ 10 These new jobs will be phased in on the following schedule: Year One after Effective Date % or a minimum of _ jobs Year Two after Effective Date % or a minimum of Y jobs Year Three after the Effective Date % or a minimum of _ jobs Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourly Wage Rate for New Employees Points Less than $13.89 per hour -4 90% of average - $13.89 per hour 2 Average - $15.44 per hour 4 (X) 25% above the average - $19.30 per hour 6 50% above the average - $23.16 per hour 10 100% above the average - $30.88 per hour 12 Capital Investment Points $150,000 — $1,000,000 2 $1,000,001 - $5,000,000 4 (X) $5,000,001 and up 6 Scoring - see Attachment 1 Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. Updated: 8113 Ln T- A 0 c 0 M 0. a c us as as co a� 0 co as a x w c d E z c� M a 14 Packet Pg. 244 9.A.2.b St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Business & Strategic Initiatives Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Expert Shutter Services, Inc Mailing Address: 1626 SW Biltmore St city/zip Port St Lucie, FL 34984 2. Name of person in charge or owner of Business: Michael & Jamie Heissenberg Telephone No.: 772 871-1915 Fax No.: 772 871-0990 3. Location of Business (legal description and street address) of property for which this report is filed: 1605 S.W. Macedo Blvd, Port St Lucie FL 34984 PORT ST LUCIE-SECTION 13- BLK 622 LOTS 1,36 AND 37 (MAP 44/06N) (OR 3672-2494) 1609 S.W. Macedo Blvd, Port St Lucie FL 34984 PORT ST LUCIE-SECTION 13- BLK 622 LOTS 2 ,3,4,33,34 AND 35 ( 1.40 AC) (MAP 44/06N) (OR 3672-2494) 4. Date Business opened or will open at this facility: Business opened 2/8/88 - New Facility Expected to open 12/1/15 5. a. Description of the improvements to real property for which this exemption is requested: Construction of a new two-story manufacturing facility with gross floor space of 24,800 sq. ft (please see preliminary site plan attached) The site will include a single -story future addition with gross floor space of 2,500 sq. ft., 63 parking spaces (3 handicap, 60 regular) and two truck wells b. Date of commencement of construction of improvements: June 2015 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Class or Item Age g Dates Purchase Original Value Cost Taxpayer's Estimate of Condition Taxpayers Estimate of Fair Market Appraiser's Use Only Good Avg. Poor Condition Vacant Land New September 2014 $ 425,000.00 Good $ 425,000.00 New Building New December 2015 $ 1, 578,850.00 Good $ 1, 578,850.00 Office Furniture 1-5yrs 2009-2014 $ 11,256.00 Good $ 10,000.00 Storage Racks 1-2yrs 2013-2014 $ 35,345.00 Good $ 32,000.00 Machinery 1-5yrs 2009-2014 $ 70,780.00 Good $ 64,000.00 Forklifts 1-5yrs 2009-2014 $ 64,028.00 Good $ 52,000.00 Computers 1-2yrs 2013-2014 $ 7,768.00 Good $ 6,500.00 T ti r 1 M O C M a ci c as co L m .r t co K W c d E z c� M a 15 Packet Pg. 245 9.A.2.b b. Average Value of Inventory on hand: $330,000.00 c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: Design, develop and manufacture Hurricane and Security Shutters 9. Trade Level (check as many as apply): [X] Wholesale [X] Manufacturing [X] Office [X] Service [X] Other Retail sales, service and installation 10. a. Number of new full-time employees to be employed in St. Lucie County, Florida: b. If expansion of an existing business: (1) (2) (3) Net increase in employment 25% increase [ ] Professional Ten (10) Increase in productive output resulting from this expansion 25% - 30% increase Number of St. Lucie County residents employed by Business Thirty one (31) c. Average hourly wage 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only $4,937,919.74 (2013) divided by total sales Everywhere from this facility — one (1) location only $0 $4,937,919.74 (2013) 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: 1992 a. Number of full-time employees at this location: Thirty one (31) 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: January 5, 2015 SIGNED:��/���� (Taxpayer) TITLE: President SIGNED: (Preparer) Michael P. Heissenberg (Preparer) (772) 871-1915 x106 (Preparer's Telephone Number) Ln ti M 0 c 0 M a a ci c us as as co `m co 1` a x w c as E z M a 16 Packet Pg. 246 9.A.2.b PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax 6Y IROP.& 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H:\ECONOMIC\ADVALOREM\APPLICATION 17 Packet Pg. 247 9.A.2.b St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: Michael P. Heissenberg - Expert Shutter Services, Inc NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of Six (6) years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Expert Shutter Services, Inc Address: 1605 & 1609 S.W. Macedo Blvd city/zip Port St Lucie FL 34984 Telephone No.: (772) 871-1915 Fax No.: (772) 871-0990 3. Authorized Agent: Michael P. Heissenberg Address: city/zip Port St Lucie FL 34984 Telephone No.: ( 772) 871-1915 Fax No.: 772 871-0990 4. Type of Industry or Business: Design, develop and manufacture Hurricane and Security Shutters 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: 24,800 Sq. Ft. Building New tangible personal property: 2.3 Acres Industrial Land 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): None 7. This relocation or expansion would not occur without the exemption: Yes [ ] No [x] 8. Source of supplies (local or otherwise): % source of supplies County: 25 % % source of supplies Florida: 50 % % source of supplies out -of -State: 25 % 9. Business is/will be located in a community redevelopment area: Yes [ ] No [X] Name of area: 18 Packet Pg. 248 9.A.2.b I hereby confirm the information provided by Michael P. Heissenberg to the Board of County Commissioners, Grants Resource/Disaster Recovery Department, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that Michael P. Heissenberg is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: January 5, 2015 SIGNED:`��7 (Taxpayer) SIGNED: ze/7'" (Preparer) Michael P. Heissenberg (Preparer) TITLE: President (772) 871-1915 x106 (Preparer's Telephone Number) BUSINESS & STRATEGIC INITIATIVES DIVISION - USE ONLY Economic Impact Analysis: Staff s recommendation: Date: Signed: (print name and title) 19 Packet Pg. 249 9.A.2.b St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ADOPTED TAX EXEMPTION - ANNUAL REPORT Name of Company: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County Commissioners no later than January 31 of each year the exemption is desired. 1. Business Name: Mailing Address: city/zip 2. Name of person in charge or owner of Business: Telephone No.: () Fax No.: () 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: 31 7. b. Date of commencement of construction of improvements: a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ []Yes []No Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional [ ] Office [ ] Service [ ] Other 10. a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion (2) (3) Number of St. Lucie County residents employed Total number of hours worked during calendar year of exemption 20 Packet Pg. 250 9.A.2.b (4) (5) Total gross wages paid during calendar year of exemption (less the top executive's salary) Number of employees prior to filing for an exemption 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: b. Date of incorporation in Florida: c. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE SIGNED: (Taxpayer) SIGNED: (Preparer) (Preparer) TITLE: Ln T (Preparer's Telephone Number) r� M 0 c PROPERTY APPRAISER'S USE ONLY M 7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt a property otherwise been subject to taxation: Q ci c 8. Estimate of the taxable value lost to the County: Improvements to real property: Tangible Personal Property: .2 co as DATE: SIGNED: as (Property Appraiser) W co BUSINESS & STRATEGIC INITIATIVES DIVISION - USE ONLY as a x w c d Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 - H:\ECONOMIC\ADVALOREM\APPLICATION 21 Packet Pg. 251 9.A.2.b L ATTACHMENT 1 r N St Lucie County Ad Valorem Tax Exemption Program m a Chart A Non CRA Area This exemption is on both Real Property and Personal Proerty w Total Points Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 m c c 7-9 100% 75% 50% 25% 0% 0% 0% 0% 0% 0% 10-12 100% 80% 60% 40% 20% 0% 0% 0% 0% 0% 13-15 100% 90% 80% 60% 40% 20% 0% 0% 0% 0% 16-18 100% 90% 80% 70% 60% 40% 20% 0% 0% 0% 19-21 100% 90% 80% 70% 60% 50% 40% 20% 0% 0% 0 N 22-24 100% 90% 80% 70% 60% 50% 40% 30% 20% 0% 25+ 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0 uO Chart B CRA Area This exemption is on only Real Property. r� r 7-9 100% 100% 100% 50% 50% M 10-12 100% 100% 100% 100% 50% 50% 50% r 13-15 100% 100% 100% 100% 100% 50% 50% 50% v 16-18 100% 100% 100% 100% 100% 100% 50% 50% 50% 19-21 100% 100% 100% 100% 100% 100% 100% 50% 50% 50% Q 22-24 100% 100% 100% 100% 100% 100% 100% 100% 50% 50% v 25+ 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% c — N d This Chart is a guideline only. Each exemption is considered on an individual case basis by the BOCC. V a� 02/27/07 m Q. x w c m E z U 2 r Q 22 Packet Pg. 252 c 9.A.2.c RESOLUTION NO. 03 - 258 A RESOLUTION ESTABLISHING APPLICATION PROCEDURES AND A REVISED PROPERTY TAX EXEMPTION ELIGIBILITY CHART AND PHASE OUT SCHEDULE FOR NEW OR EXPANDING BUSINESSES APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners to grant a local option economic ad valorem tax exemption. 2. On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. 3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phase out schedule for new or expanding businesses. 1 Packet Pg. 253 a 14 It 9.A.2.c 4. The Board desires to adopt new application procedures and a revised eligibility chart and phase out schedule for the County's Economic Development Ad Valorem Tax Exemption Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida: 1. This Board hereby adopts the application procedures and revised Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax exemption for new or expanding businesses. 2. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: business; a) The increase in local employment attributable to the new or expanding b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; business; c) The amount of capital investment purchased by the new or expanding d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; Packet Pg. 254 k 9.A.2.c e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 3. The Board reserves the right to require a company receiving an ad valorem tax exemption from the County to refund the exemption amount with interest in the event the company closes the facility that was the subject of the exemption within fifteen (15) years after the Board grants the exemption. 4. Resolution No. 02-196 is rescinded upon adoption of this resolution. 5. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows; A Chairman Cliff Barnes AYE Vice Chairman Paula Lewis AYE w a� Commissioner Doug Coward NAY Commissioner John Bruhn ABSENT Commissioner Frannie Hutchinson AYE N 0 PASSED AND DULY ADOPTED this 28th day of October, 2003. o co BOARD OF COUNTY COMMISSIO N 0 ST. LUCIE COUNTY, FW4nrA o - z / BY: o r e uty Clerk Cha' an o w c E 3 r a Packet Pg. 255 9.A.2.c APPROVED AS TO FORM AND BY: al n Packet Pg. 256 9.A.2.c Ad Valorem Tax Exemption Program St. Lucie County The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determine if you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Victoria Stalls, Economic Development Analyst, at (772) 462-2536. Table of Contents I. Program Intent II. Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines 1 Packet Pg. 257 9.A.2.c I. Program Intent The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%) of the assessed value per Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H. throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. 2 Packet Pg. 258 9.A.2.c II. Enactment Authority Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions. In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. 3 Packet Pg. 259 9.A.2.c III. Definition of Terms The following words, phrases, and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: A. Applicant — Any person, firm, partnership, or corporation that files an application with the St. Lucie Board of County Commissioners seeking an economic development ad valorem tax exemption. B. Business — Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. C. County — St. Lucie County. D. Department — The Florida Department of Revenue. E. Expansion of an Existing Business: 1. As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of F Packet Pg. 260 9.A.2.c not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. F. Extraordinary as determined by St. Lucie Board of County Commissioners. G. Improvements — Physical changes made to raw land, and structures placed on or under the land surface. H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: 1. A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). 5. Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same Business. Property within a Community Redevelopment Area (CRA) — Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. J. Real Property — Shall be defined in Section 192.001, Florida Statutes. K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the 5 Packet Pg. 261 9.A.2.c denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L. State — State of Florida. M. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes. Packet Pg. 262 9.A.2.c IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption" Before completing an application, please read the following eligibility requirements that determine whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92- 24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. F. New Business 1. As defined in Section 196.012.(15), Florida Statutes, a new Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 7 Packet Pg. 263 9.A.2.c (c) An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or (d) A Business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). (e) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. G. Expansion of an Existing Business 1. As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such Packet Pg. 264 9.A.2.c improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. I. Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. IJ Packet Pg. 265 9.A.2.c V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Economic Development Division, an application prescribed by the State Department (Form DR-418, and County Supplemental application. B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: 1. The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of Industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; 10 Packet Pg. 266 9.A.2.c (i) source and supplies (local or otherwise); (j) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. C. If a new Business or an Expansion of an Existing Business is locating in a Community Redevelopment Area, the Community Redevelopment Board shall be provided with a copy of the application for review and comment. Input from the Community Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax Exemption, the agency may submit an objection in writing to the BOCC for its consideration. co 0 N M O O Z c O r 7 O N d Q' r-i C d t v R r a 11 Packet Pg. 267 9.A.2.c VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Economic Development Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90- day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 1 st of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Economic Development Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, a one -page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3: Preliminary Eligibility and County Commission Resolution: The County Economic Development Office will accept and review the application for preliminary eligibility. The Economic Development Division will review and notify the applicant of eligibility and/or any application deficiencies within thirty (30) days of submission. Step 4: Preparation of the Final Application: Upon receipt of the final application, the County's Economic Development Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. Step 5: Review, Analysis and Recommendation of the Property Appraiser and EDD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal 12 Packet Pg. 268 9.A.2.c impact of granting the exemption, sign the State application, and forward to St. Lucie County Economic Development Division's Office. As required by Florida Statute the Property Appraiser's report will include the following: 1, The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue if the actual total available revenue cannot be determined; 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The EDD staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6: Preparation of the Exemption Ordinance: The Economic Development Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Economic Development Division, and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the County may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: 1. The name and address of the new business or expansion of an existing business; 2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of 13 Packet Pg. 269 9.A.2.c exemptions currently in effect, and the estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and 4. A finding that the business meets the definition of a new business or of an expansion of an existing business as set forth in Section III. Step 7: The Guidelines for Determining the Percentage of Exemption. See attached Program Guidelines for point calculation using number of jobs, hourly wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. 14 Packet Pg. 270 9.A.2.c VII. Contact Source for Assistance Exemption applications are available at the County's Economic Development Division in the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to determine the viability of filing an application should contact St. Lucie County Economic Development Division. St. Lucie County Economic Development Division 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-1550 phone (772) 462-1579 facsimile Larry Daum, Economic Development Mgr. Victoria Stalls, Economic Development Analyst 15 Packet Pg. 271 9.A.2.c St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business — Number of iobs created Points 25-49 5 50-99 7 100-199 9 200+ 10 Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourly Wage Rate for New Employees Points Less than $12.00 per hour -4 90% of average - $12.00 per hour 2 Average - $13.34 per hour 4 25% above the average - $16.68 per hour 6 50% above the average - $20.00 per hour 10 100% above the average - $26.68 per hour 12 Capital Investment Points $150,000 — $1,000,000 2 $1,000,001 - $5,000,000 4 $5,000,001 and up 6 Scoring - see Attachment I Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. Revised 10/28/03 16 Packet Pg. 272 9.A.2.c 000a000 000 0 0 0000000 000 O i LO LO 0 N af0, } 0 O \ \ \0 0000000 0 0000 N N to LO to O d } 00 o 0 0 0 0 0 0 0000000 0 0 0 0 0 L N CO Cl) LO LO LO 0 0 {9 r r d } >. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 n 0000000 000000 d L N v v v u7 LO Ln 0 00 V 0 a` } m O O O O O O O 0 0 0 0 0 0 0 O O O 0 O O O 0 0 0 d o 0000000 000000 dm N VLO LO LO LO LO O O O O a � y 'O y E C R \0 \0 \ \° \0 \ \o \ \ \0 \ \ \° 19 T ll9 0 0 0 0 0 0 0 0000000 00 0 0 0 0 0 0 o 0000000 d N 'ct CO CO (O (O LO LO O O O O O U) o C r r r r r a` L C a IL o 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'D 3 a a) v 0000oOO d 0000000 E ccL N V M fl r, r r LO 0 00 O O O KL (p G}1 T T r r r r T W C m O x T 10 C O o 0 0 0 0 0 o 0 0 0 0 0 0 0 C O o 0 0 0 0 0 o 0 0 0 0 0 0 o C O F fh 0000000 0 0 0 0 0 0 0 ZE too W ao OD CO CO !n OOOOOOO r r r r T r T y Q C C � 'a Q V o 0 0 0 0 0 0 0 0 0 0 0 0 0 E 0 0 0 0 0 0 o 0 0 0 0 0 0 0 C 0 CV r- O O O O O O d O O O O O O O V T n 00 O W O O O d O O O O O O O y Q am d y } y C C H O U O O O O O 0 0 0 0 0 0 O O 0 O O 0 0 0 0 0 0 0 4) T o000000 0000000 4)00 x r r T T T T T r r T T T T T Q) U Cn Q R a m Lu U Q C Z y U c � .O 9 a a m �' NtL2 W LO 000 lC r N N W � N N O (O O T C2 C N y U H r N N U N t U y L F Co LO N M 0 O Z C O O N d r-i C a� t U Co a Packet Pg. 273 n 0 9.A.2.c 0 0 0 0 0 0 0 0 0 0 m0 0 0000000 O O O O i ,C) w O N m w di N } 0 0 0 0 0 0 0 0 \ 0o 0 0 0 0 0000000 0000 Co N N LO to LO O Co C1 r } 0 0 0 0 0 0 0 \ 0\ 0\ 0 0-0 0 Go 00000 00 0 m N COCl)(LO (LO LO r r m } 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0000000 0 0 0 0 0 0 y L CMV V' T (n (n LO O O O V O IL > 0 m C o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4) m 0 O (D 0000000 000000 N to I I-*'(n (n w « y u") O O O O a } A E � Co 0000000 0000000 10 cc >% t LO 0 000000 0000000 d 0) i N V (D (D (D (D t 0 LO 0 0 0 O O N 0 a. m O. rrrrr V a o } O c a a to m 0 R O O O O O O O 0 0 0 0 0 0 0 O O O O O O O Ed OC u0o o o o 0 o d o 0 0 0 0 0 0 E % w � Nv(Dnnnn � Ln000000 rrr.-rr w } w �° c m r F C O o 0 o a o 0 o a 0 0 0 0 0 0 C 0 o 0 0 0 0 0 o 0 0 0 0 0 0 0 C O Z E !^ (r1 0000000 wCD w Co w Cow y 0000000 0000000 $j d r r r r r r r W C C O o } o a = m a a w U > a E � 0 0 0 0 0 0 0 E 0 0 0 0 0 0 0 0 O x N O O O O O O d 0000000 () k r- nwrnrnO)Om (D OOOOOO y a (D r r r r r r . A } (A C � L ~ L H aO U 0 0 0 0 0 0 0 -0 � 0 0 0 0 0 0 0 E 41 _ 0000000 0000000 y i O O O O O O O 0 0 0 0 0 0 0 K 3 cc r r r r r r r r r r r r r y J m } fq V Q m w U Q c C a O o at Z U _ c y Q CL m a g w.-w N LA CO 1 m rrrNN+L C', NV +_ w0M��N nCM N � -��NN Ht0m m L U N_ L H Co Ul) N A 0 O Z C O 0 a� Q' c d t c,> r a Packet Pg. 274 9.A.2.c St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of Count3 Commissioners no later than January 31 of each year the exemption is desired. 1. Business Name: Mailing Address: city/zip 2. Name of person in charge or owner of Business: Telephone No.: ( ) Fax No.: ( ) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ] [ ] Yes [ ] No 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional [ ] Office [ ] Service [ ] Other 10. a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion % (2) (3) Number of St. Lucie County residents employed Total number of hours worked during calendar year of exemption 1 Packet Pg. 275 9.A.2.c H (5) Total gross wages paid during calendar year of exemption (less the top executive's salary) Number of employees prior to filing for an exemption 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only - divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: a. Date of incorporation in Florida: b. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: SIGNED: (Taxpayer) TITLE: SIGNED: (Preparer) (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: 2. Estimate of the taxable value lost to the County: Improvements to real property: DATE: SIGNED: Tangible Personal Property: (Property Appraiser) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 - H:\ECONOMIC\ADVALOREM\APPLICATION 00 LO N M 0 6 z c 0 0 W C as E s 2 Packet Pg. 276 9.A.2.c St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required b3 the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrativf describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: city/zip Telephone No.: ( ) Fax No.: ( ) 3. Authorized Agent: Address: city/zip Telephone No.: ( ) Fax No.: ( ) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ] S. Source of supplies (local or otherwise): % source of supplies County: ''Io source of supplies Florida: % source of supplies out -of -State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: 1 Packet Pg. 277 9.A.2.c I hereby confirm the information provided by to the Board o County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose o calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. further confirm that is not in violation of any federal, State o local law, or regulation governing environmental matters: DATE: SIGNED: TITLE: SIGNED: (Taxpayer) (Preparer) (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-07-03 - H:\ECONOMIC\ADVALOREM\SUPPLEMENTAL APPLICATION 4 Packet Pg. 278 s 9.A.2.c St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required bi the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St Lucie County, Florida; and to provide other information requested by the Board of Counts Commissioners and the entities that will review the application. Please provide a one page narrativ'4 describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: city/zip Telephone No.: ( ) Fax No.: ( ) 3. Authorized Agent: Address: city/zip Telephone No.: ( ) Fax No.: ( ) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption: Yes [) No[ ] 8. Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: % source of supplies out -of -State: 9. Business is/will be located in a community redevelopment area: Yes [) No [ ] Name of area: 1 Packet Pg. 279 41 9.A.2.c I hereby confirm the information provided by to the Board o County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose o calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. further confirm that is not in violation of any federal, State o local law, or regulation governing environmental matters: DATE: SIGNED: TITLE: SIGNED: (Taxpayer) (Preparer) (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: 10-28-03 - H:\ECONOMIC\ADVALOREM\SUPPLEMENTAL APPLICATION (print name and title) 2 Packet Pg. 280 9.A.2.c St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Mailing Address: 2. Name of person in charge or owner of Business: city/zip Telephone No.: ( ) Fax No.: ( ) Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened or will open at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: L'7• 6 Date of commencement of construction of improvements: Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Class or Item Age Date of Purchase Original Value Cost Taxpayer's Estimate of Condition Taxpayer's Estimate of Fair Market Appraiser's Use Only Good Avg. Poor Condition Q Packet Pg. 281 b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. M 7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ] E 8. Describe the Type or Nature of Your Business: 2 0 Q 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional E [ ] Office [ J Service [ ] Other 0- 0 10. a. Number of new full-time employees to be employed in St. Lucie County, Florida: b. If expansion of an existing business: c (1) Net increase in employment E (2) Increase in productive output resulting from this expansion 0 0 (3) Number of St. Lucie County residents employed by Business w c. Average hourly wage ci = 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only divided by total sales in Everywhere from this facility — one (1) location only - L 12. For office space owned and used by a corporation newly domiciled in the state of Florida: 0 y Date of incorporation in Florida: a. Number of full-time employees at this location: w 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: SIGNED: (Taxpayer) TITLE SIGNED: (Preparer) (Preparer) (Preparer's Telephone Number) 14 Packet Pg. 282 r ,r i 9.A.2.c PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem ta, sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previousl, granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal yea if the exemption applied for were granted had the property for which the exemption is requeste< otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: _ Tangible Personal Property: 5. I have determined that the property listed above meets the definition, as defined in Section 196.01: (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], of Neither [ ]. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H:\ECONOMIC\ADVALOREM\APPLICATION 3 Packet Pg. 283 9.A.2.d ORDINANCE NO. 15-OXX AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR EXPERT SHUTTER SERVICES, INC., 1605 S.W. MACEDO BLVD., PORT ST. LUCIE, FLORIDA, AN EXPANSION OF AN EXISTING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM �L'h[�1�L'�:Z�I►yi�t,��l_��'!�_1:a�i�/:1[�l:\�i�[�1�1�7 3�����i 3X�11����[�l: THE EXEMPTION GRANTED TO EXPERT SHUTTER SERVICES, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE THE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT EXPERT SHUTTER SERVICES, INC. MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 15-XXX "Economic Development Ad Valorem Tax Exemption — Expert Shutter Services, Inc. ARTICLE II PrncPdiirP After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida:. The Board grants and establishes an exemption from ad valorem taxation of the assessed value of Expert Shutter Services, Inc., 1605 S.W. Macedo Blvd., Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year - 100% Year 2 - 90% Year 3 - 80% Year 4 - 60% Year 5 - 40% Year 6 - 20% 1 Packet Pg. 284 9.A.2.d No exemption shall be granted on the land on which improvements are made by Expert Shutter Services, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $126,515,893.83. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $28,172.97. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $13,918.98. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Expert Shutter Services, Inc., an expanding business shall be for six (6) years from the date of Board adoption of this Ordinance. ARTICLE V Finding The Board of County Commissioner of St. Lucie County, Florida, finds that Expert Shutter Services, Inc. is an expansion of an existing business as defined by the St. Lucie County Ordinance No. 92-24 and Section 196.012(15), Florida Statutes. The Board reserves the right to repeal the exemption if Expert Shutter Services, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. State. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filling from the Secretary of ARTICLE VIII Adoption After motion and second, the vote of this Ordinance was as follows: 2 Packet Pg. 285 9.A.2.d Chair Paula A. Lewis Vice Chair Kim Johnson Commissioner Dzadovsky Commissioner Mowery Commissioner Hutchinson PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK 3 1333 day of 2015 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY a� c c L 0c E d L 0 Q r c a� E a 0 a� a� 0 E 0 c 0 0 w d c vi a� L vJ L 3 L Cn L Q K W d E L ci Q Packet Pg. 286 10.A.1 ITEM NO. (ID # 2852) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 05/19/2015 *REGULAR AGENDA\COUNTY ATTORNEY Reauthorizing the Levy of the Ninth Cent Gas Tax - Permission to Advertise On June 20, 1995, the Board adopted Ordinance No. 95-025 providing for the levy of the ninth cent gas tax in St. Lucie County. The levy of this tax expires on August 31, 2015. Attached is copy of a draft ordinance, which, if adopted, would reauthorize the levy of the ninth cent tax upon every gallon of motor fuel and diesel fuel sold in St. Lucie County from September 1, 2015 until repealed. The draft ordinance provides that the proceeds will be distributed to the County and used for transportation expenditures as defined in Section 336.025(7), Florida Statutes, a copy of which is attached. Please note that even with reauthorization of this tax the transportation infrastructure needs of the County will exceed available revenues. Approval of the ordinance requires an extraordinary vote (at least four (4) votes) of the Board. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 6:00 p.m.. COMMISSION ACTION: Packet Pg. 287 10.A.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/11/2015 updated:5/7/2015 10:57AM by Jennifer Hill Page 2 Packet Pg. 288 10.A.1.a ORDINANCE AN ORDINANCE AMENDING CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR THE REAUTHORIZATION OF THE "NINTH CENT GAS TAX"; AMENDING SECTION 42-212 "LEVY OF NINTH CENT GAS TAX TO PROVIDE FOR THE REAUTHORIZATION OF THE NINTH CENT GAS TAX; AMENDING SECTION 42-213 "DISTRIBUTION AND USE OF NINTH CENT GAS TAX" TO PROVIDE FOR THE DISTRIBUTION OF THE REAUTHORIZED NINTH CENT GAS TAX; AMENDING SECTION 42.214 "DURATION OF TAX" TO PROVIDE THAT THE REAUTHORIZED NINTH CENT GAS TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 2015 UNTIL REPEALED; PROVIDING FOR SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.021, Florida Statutes, authorizes this Board to levy a one cent gas tax ("ninth cent gas tax") upon every gallon of motor fuel and diesel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 2. On June 20, 1995, the Board adopted Ordinance No. 95-25 providing for the levy of the ninth -cent gas tax through August 31, 2015. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance reauthorizing the levy of the ninth cent gas tax to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE V "GAS TAXES" IS AMENDED TO READ AS FOLLOWS: Section 42-212. LEVY OF NINTH CENT GAS TAX Pursuant to Florida Statutes 336.021, a $0.01 gas tax is reauthorized and imposed upon Underlined passages are added. Struck through passages are deleted. C:\Users\bushs\AppData\Local\Tern p\MinuteTraq\stIuciefl@stIuciefl.IQM2.conn\Work\Attach ments\-1.doc 1 Packet Pg. 289 10.A.1.a every gallon of motor fuel and diesel sold in the county, and taxed under the provisions of Florida Statutes, Chapter 206. Section 42-213. DISTRIBUTION AND USE OF NINTH CENT GAS TAX The proceeds of the reauthorized ninth cent gas tax shall be distributed to the county and used to pay the costs and expenses of establishing, operating and maintaining the county's transportation system and related facilities and the cost of acquisition, construction, reconstruction and maintenance of the county's roads and streets. Section 42-214. DURATION OF TAX The initial ninth cent gas tax imposed by Ordinance No. 95-025 shall be effective from September 1, 1995 through August 31, 2015 both inclusive. The reauthorized ninth cent gas tax imposed by this division through the adoption of Ordinance No. 2015- shall be effective from September 1. 2015. until repealed. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portion of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. Underlined passages are added. ct.."-' thFOUgh passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.doc Packet Pg. 290 10.A.1.a PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions; provided, however, that parts B through E shall not be codified. PASSED AND DULY ADOPTED this day of , 2015. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. ctFWGl thFOUgh passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.doc 9 Packet Pg. 291 10.A.2 ITEM NO. (ID # 2853) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *REGULAR AGENDA\COUNTY ATTORNEY Reauthorizing the Levy for the Local Option Fuel Tax - Permission to Advertise The Board has previously adopted the six cent ($0.06) local option fuel tax pursuant to Section 336.025(1)(a) Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 336.025(1)(b) Florida Statutes. The levy of the local option fuel tax expires on August 31, 2015. Attached is a copy of a draft ordinance, which, if adopted, would reauthorize the levy of the local option fuel taxes from September 1, 2015 through December 31, 2044. The draft ordinance provides that the proceeds of the six cent ($0.06) local option fuel tax will be distributed to the County and the municipalities and used for transportation expenditures as defined in Section 336.025(7), Florida Statutes. Proceeds from the five cent ($0.05) local option fuel tax may only be used for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive or for expenditures needed to meet immediate local transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks. On April 29, 2015, the Management and Budget Director distributed a memorandum explaining the Local Option Gas Tax Allocation Method, a copy of which is attached. Please note that even with reauthorization of this tax the transportation infrastructure needs of the County will exceed available revenues. The percentage of distribution to each entity is set out in an interlocal agreement where the distribution is based on the number of paved roadway miles maintained by the County and the eligible municipalities. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 6:00 p.m.. Packet Pg. 292 10.A.2 COMMISSION ACTION: Coordination/Signatures 4anjieYs.orney5/11/2015 Updated: 5/4/2015 3:30 PM by Stephanie Bush Page 2 Packet Pg. 293 10.A.2.a APR 2 9 2015 C+0 U NTY a . F L O R I D A - COUNTY ATTORNEY Office of Management & Budget Budget Division MEMORANDUM TO: Howard N. Tipton, County Administrator FROM: Asheley Hepburn, Director, Office of Management and B DATE: April 29, 2015 SUBJECT: Local Option Gas Tax Allocation Method The Local Option Gas Tax will expire on August 31, 2015, both the 5th Cent (1st-5th cents) and the 6th Cent (151 - 6th Cent) gas tax. State Statute 336.025 governs County transportation systems and levy of local option fuel tax on motor fuel and diesel fuel. The 5th cent gas tax is levied against every gallon of motor fuel sold and shared by the municipalities in St. Lucie County by inter -local agreement. The 6th cent gas tax is levied against every gallon of motor fuel and diesel sold. It is also shared with the three municipalities in St. Lucie County by inter - local agreement. We have reviewed the current distribution methodology, which is based on transportation expenditures incurred by each municipality for the preceding five years. We have also compared it to various other methodologies, including paved roadway miles each municipality is responsible for maintaining. The Office of Management and Budget is in support of modifying the distribution methodology because it considers the miles of paved roads each jurisdiction is responsible for maintaining, which appears to be a more equitable distribution. Secondly, the core purpose of the Local Option Gas Tax is to fund transportation expenditures such as construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads that increase capacity. Simplifying the basis of the methodology to paved roads (miles) more closely aligns the methodology to the core purpose of the Local Option Gas Tax. The change in methodology has a dramatic impact to the County's Local Option Gas Tax revenue (see chart A). Utilizing paved road (miles) will generate approximately $3.57 million and increase revenue by approximately $1.1 million for the County. The City of Port St, Lucie will generate approximately $8.26 million and decrease by approximately .600 million. The City of Port Pierce will generate approximately $1.53 million and decrease by approximately .500 million. Packet Pg. 294 10.A.2.a '10,000,000 Comparison of Distribution Methods By $s,s— sg� Government $8,000,000 $8,Z59,581 $ 6,000,000 $4,000,000 1 $3,5 577 78 $z,000,000 E $2,049,042 $2,480,000 _ $1,5299,202 $0 — Port 5t. Lucie 5t. Lucie County Fort Pierce 5t. Lucie Village 5 YR Transportation Exp. 0 Paved Roads (Miles) (Chart A) The current distribution methodology is similar to the default formula utilized by the State of Florida Department of Transportation when Counties have no inter -local agreement with cities in their jurisdiction. Using transportation expenditures as the basis (see Chart B) of the distribution shows the County's distribution has declined by 19.36 percentage points since 2001, whereas the City of Port Lucie's distribution has increased by 20.79 percentage points. However, the paved road (miles) changed slightly over a similar period of time (see Chart C). In 2001, St. Lucie County had 362.9 miles of paved road or 26.78% and Port St. Lucie had 858 miles of paved road or 63.32%. In 2015, St. Lucie County had 379 miles of paved road or 26.71 % and Port St. Lucie had 875 miles of paved road or 61.7%. This suggests that if paved roads were used as the distribution methodology starting in 2001; the County's allocation would have decreased slightly by .07 percentage points and the City of Port St Lucie's allocation would have decreased by 1.65 percentage points. The County's responsibility for paved road (miles) has remained consistent between 2001 and 2015, however the County's allocation of the Local Option Gas Tax has decreased dramatically. The Office of Management and Budget is in support of modifying the allocation method used to distribute the Local Option Gas tax to paved road (miles). This change will lead to a more equitable approach in allocating the Local Option Gas Tax. Packet Pg. 295 10.A.2.a 100.00% 80.00% 60.00 % 40.00% 20.00% 0.00% 100.00% 90.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00°% 0.00% Allocation Based 5 Yr. Transportation Expenses St. Lucie Village St. Lucie Village 0.14% _ Fort Pierce _0.07% r Fort Pierce 16.609'o 1s29% St. Lucie County St. Lucie County 18.51% 37.87% Port St. Lucie 45.39% FY 2001 (Chart B) Port St. Lucie 66.13% FY 2015 Allocation Based On Paved Road (Miles) St. Lucie Village St. Lucie Village 0.23 % 0.23 % St. Lucie County 26.78% Port St. Lucie 63.32% 2001 (Chart C) Copy: Daniel Mclntrye, County Attorney Robert Adolphe, Deputy County Administrator Jennifer Hill, Budget Manager Dorn West, Public Works Director St. Lucie County 26.70% Port St. Lucie 61.65% 2015 Packet Pg. 296 10.A.2. b ORDINANCE AN ORDINANCE AMENDING CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR THE REAUTHORIZATION OF THE IMPOSITION OF A SIX CENT ($0.06) LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES, PURSUANT TO SECTION 336.025(1)(a) FLORIDA STATUTES AND A FIVE CENT ($0.05) LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES PURSUANT TO SECTION 336.025(1)(b); AMENDING SECTION 42-192 "LEVY OF LOCAL OPTION FUEL TAX" TO PROVIDE FOR THE REAUTHORIZATION OF THE SIX CENT ($0.06) LOCAL OPTION FUEL TAX AND THE FIVE CENT ($0.05) LOCAL OPTION FUEL TAX AND TO CLARIFY THE STATUTORY SECTION AND THE USE OF REVENUES RECEIVED PURSUANT TO THE TAX; AMENDING SECTION 42-193 "DISTRIBUTION OF LOCAL OPTION FUEL TAX" TO PROVIDE FOR THE DISTRIBUTION OF THE LOCAL OPTION FUEL TAX BASED ON THE NUMBER OF PAVED ROADWAY MILES; AMENDING SECTION 42.194 "DURATION OF TAX" TO PROVIDE THAT THE REAUTHORIZED TAXES IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 2015 THROUGH DECEMBER 31, 2044; PROVIDING FOR SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option fuel tax pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 336.025(1)(b), Florida Statutes. The levy of these taxes is scheduled to expire on August 31, 2015. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance i.e. reauthorizing the levy of the six cent ($0.06) local option fuel tax on motor fuel and diesel fuel pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 336.025(1)(b) Florida Statutes Underlined passages are added. Struck through passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stIuciefl@stIuciefl.IQM2.com\Work\Attachmen ts\-1.doc 1 Packet Pg. 297 10.A.2. b to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE V (GAS TAXES) OF CHAPTER 42 (TAXATION) IS HEREBY AMENDED TO READ: Section 42-192 LEVY OF LOCAL OPTION MOTOR FUEL TAX (a) Pursuant to Florida Statute, Section 336.025 1 a , ^^dl^d by SeRate ❑,n 21 R passed by t#t11°o69 Plerida-Leg;sla a $0.06 local option motor fuel tax is reauthorized and imposed upon every gallon of motor fuel and speeial diesel fuel sold in the county, and taxed under the provisions of Florida Statutes Chapter 206. The revenues received pursuant to the tax levied pursuant to this paragraph (a) shall only be utilized for transportation expenditures as defined in Section 336.025, Florida Statutes. (b) Pursuant to Florida Statutes, Section 336.025(1)(b), Florida Statutes, $0.05 local option motor fuel tax is reauthorized and imposed upon every gallon of motor fuel sold in the county and taxed under the provisions of Florida Statutes Chapter 201, Part 1. The revenues received from the additional $0.05 local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this subsection, expenditures for the construction of new roads, alternative methods of transportation, or reconstruction or resurfacing of existing paved roads shall be deems to increase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this subsection shall not include routine maintenance of roads. Section 42-193 DISTRIBUTION OF LOCAL OPTION FUEL TAX (a) All divisions of tax proceeds shall be determined by the county on or before October 1 of each year during the duration of the tax as set out in Section 42444 194 beginning jury 1, 19October 1, 2015. The annual redetermination by the county of the division of the tax proceeds shall be based on traRspert-atieRexpeRditure-sA-f. t#e1ceURty mod- @11 eligible p FeeediRg the yeaF OR Axhieh the -,.,.,,!-,I Fedeterw,...@t. A-H. r. made, the number of paved roadway miles maintained by the County and the eligible municipalities, as a proportion of the total of such expendituFes paved roadway miles for the county and all municipalities within the county. The county shall notify the department of revenue of the results of the county's redetermination of the tax proceeds by J&IV October 1 of the year the redetermination is made. The annual redetermination shall be effective beginning SepternbeF January 1 of the year after the redetermination is made. Any dispute as to the determination by the county of the Underlined passages are added. Struck through passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.doc 2 Packet Pg. 298 10.A.2.b distribution of the tax proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes. Section 42-194 DURATION OF TAX The initial $0.06 local option gas tax imposed by this article shall be effective from September 1, 1987, through August 31, 2015, both dates inclusive. The first initial additional $0.02 local option motor fuel tax imposed by this article shall be effective from January 1, 1998, through August 31, 2015, both dates inclusive. The remaining initial additional $0.03 local option motor fuel tax imposed by this article shall be effective from January 1, 2000, through August 31, 2015, both dates inclusive. The reauthorized $0.06 local option gas tax imposed by this article through the adoption of Ordinance No. 2015- shall be effective from September 1, 2015 through December 31, 2044, both dates inclusive. The reauthorized additional $0.05 local option motor fuel tax imposed by this article through the adoption of Ordinance No. 2015- shall be effective from September 1. 2015 through December 31. 2044 both dates inclusive. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portion of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. Underlined passages are added. StFue' hFaugh passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.doc 3 Packet Pg. 299 10.A.2.b PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions; provided, however, that parts B through E shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: 13's County Attorney Underlined passages are added. StFue' hFaugh passages are deleted. C:\Users\bushs\AppData\Local\Temp\MinuteTraq\stluciefl@stluciefl.IQM2.com\Work\Attachments\-1.doc 4 Packet Pg. 300 10.A.3 ITEM NO. RES-2015-89 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *REGULAR AGENDA\COUNTY ATTORNEY Resolution - Capital Improvement Revenue Bonds, Series 2015 The County's financial advisor, Jay Glover of Public Financial Management ("PFM"), distributed a request for proposal to identify the lending institution that could provide the County with a fixed rate, 20 year term loan at the lowest overall borrowing cost and terms most favorable to the County in order to finance the cost of certain capital improvements related to offices for the County Tax Collector. The County received two (2) proposals from the following firms: Pinnacle Public Finance and SunTrust Bank. PFM recommends selecting Pinnacle Public Finance as the loan provider for the 2015 Bond based on interest rate and favorable terms provided in their proposal. A copy of a memorandum dated April 24, 2015 from Mr. Glover is attached. Attached to the memorandum is a copy of a Bond Resolution and Loan Agreement prepared by Nabors Giblin & Nickerson, the County's bond counsel, which provides for issuance of capital improvement revenue bonds secured by the County's covenant to budget and appropriate and sets forth the general terms, conditions and covenants applicable to these bonds. PREVIOUS ACTION: On March 3, 2015, the Board entered into an interlocal agreement with the Tax Collector for the design, financing and building of a branch office. FINANCIAL IMPACT: Based on the $7,000,000.00 par amount, interest rate of 2.74% and 20 year term of the financing, the annual debt service payments will be approximately $463,000.00, which will reduce the excess fees that the County receives. The excess fees are returned to each taxing authority as a prorated share with the County receiving approximately 74%. Therefore, the impact to the County would be approximately $343,000 per year. RECOMMENDATION: Packet Pg. 301 10.A.3 Staff recommends that the Board approve the Bond Resolution and Loan Agreement and authorize the Chair to sign the Resolution and Loan Agreement as reviewed and approved by the County Attorney and the County's Bond Counsel. COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, ccu'inty ttorney 5/7/2015 Updated: 5/11/2015 12:45 PM by Shane A. De Witt Page 2 Packet Pg. 302 10.A.3.a PFM' Lincoln Plaza Suite 1170 The PFM Group Orlando, FLgeAvenue Public Financial Management, Inc. 32801-3470 PFM Asset Management LLC PFM Advisors April 24, 2015 Memorandum To: Howard Tipton, County Administrator Dan McIntyre, County Attorney Asheley Hepburn, Director, Office of Management & Budget From: Jay Glover, Public Financial Management Re: Capital Improvement Revenue Bonds, Series 2015 — Recommendation Memo 407-648-2208 407-648-1323 fax www. Pfm. co m At the County's direction, Public Financial Management (PFM) distributed a request for proposals to identify the lending institution that could provide the County with a fixed rate, 20 year term loan at the lowest overall borrowing cost and terms most favorable to the County in order to finance the cost of certain capital improvements related to offices for the County Tax Collector. Prior to the submittal deadline (April 14, 2015) the County received two (2) proposals from the following firms: Pinnacle Public Finance and SunTrust Bank. A summary of each proposal is included as Exhibit A. Based on PFM's review and discussions with County staff and Bond Counsel, it was determined that Pinnacle Public Finance provided the lowest interest rate and terms most favorable to the County. The proposed interest rate of 2.74% is fixed through maturity of the loan and will be held until closing on May 22, 2015 thus eliminating any risk associated with rising interest rates between now and the closing date. Pinnacle Public Finance also provides the County the flexibility to optionally prepay the loan in whole beginning December 1, 2020 without penalty. By accepting the proposal of Pinnacle Public Finance and issuing the Capital Improvement Revenue Bonds, Series 2015 (the "2015 Bond"), the County will lock in an attractive interest of 2.74% for 20 years while still maintaining flexibility for optional prepayment in the future. The estimated annual debt service on the 2015 Bond will be approximately $460,000 through final maturity of December 1, 2034. PFNI recommends selecting Pinnacle Public Finance as the loan provider for the 2015 Bond based on the interest rate and favorable terms provided in their proposal. Packet Pg. 303 10.A.3.a St. Lucie County, Florida Capital Improvement Revenue Bond, Series 2015 Pinnacle Surf I tust Pro sal Re nnemC nts Shin Swain I.t by L" 1)nu.ns Vice 11m,,dent. Direct first \"ice President 8377 F I lartfurd Dave, Suit, I Li 501 S. Hagler Drive- 2nd ldo,rr Contact Information Scottsdale, Anxnna 85255 11'est Palm Beach. FL3id01 0: '490) 419-3631 0: (561)835-2677 bstvain?i�)ppf-ntc,com Lcslicllnt47» �7Sun`Cm.rann Final Maturity 12 / 1 / 2033 i 2/ 1 /203-1 Tax Lxem t Fixed lined: 2.74" 15 Ycar Put fired: 3.fG" b Interest Rate Calculation \(,1 A/A Rate Locked [o Closing, days Slat b, hrld fot nn I,mg,r tdau VIav 13, 2015 uith or Date to be set 1"alid for forty-five (45� I fifioation of acccptaecc by COB on ilav 5, 2013 +1'1 t )pnon i. Afak"AVItolr t:alt Prepayment Penalty Vreparable begaining 1 _/ 1/2020 in full lilt aot m part at {,i) Opmm 2: X„ pn1>amwilt pcualn"after 12 ir-wh,- fur par addiGcmai 61 bps Legal/Other Fees S5,0A) S5.500 (ij Grua up prtsvisinn if drem,d n"131e-t.22";, fit Pruvidr audiu•d f nan6al ctatem its uvdtin 2 M da}s „f Default rate 6-,,,. If deemeti taxable I)CEanIL rat, would I-Y cud and annual budget within 15 day, r,fadoptiun be 7"'d f li) Pe,,idc tvriwi opinion front Borrrnv,r`s Cowrcd liii, R,quem Curry agree to pewide C1I aatlua 210 (Ui , .1d Bonds test 2llC'x VCA)S and Anti-17ilut ow 1.5{k days of tit, chKc of each fi,cal s e to (see prop --al (iv) .%(I Iiunds I cat r+f mininunn 1.20x coverage !wv field maintenance taagu:ige in order to maintain the {t')Pngsn>h[>,lbjrcf to final credit at p-,al br Pnniad, s.I after tax yield Ill ofdmoge in oat -rate tax Cvil Bequest a boar cunfirmml: thv C;<,unty`s I'A is acting rare, ttus provision call be eliminated for an additional 37 as Independent Rip,rervd .\lwncfllal Ad""'T und- SFIC 131s Other COnditims Mumcipat Alf, - m- Rul, (v) Default .Itr: 6", of Prim, plus 9' , or the ntasnmum rate aikxvrxi by law ,ix) Ilom,wer agrees to have ill, rawrest payments C,Itected vta _CE_I I Dtcct Debit (, Tr fkirroaur r"Irm d to dcbcrr a scnom t>piniun fr,nn float arrr s Counsd 11,1 xnt(cr and I rndct's C;owxu9 O co r O N U) W w LO r O N 4 N O O E N N L O i C N t V a+ r a Packet Pg. 304 10.A.3.b NGN Draft No. 3: 5/12/2015 016-09 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY ST. LUCIE COUNTY OF NOT EXCEEDING $7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2015, TO PROVIDE FUNDS TO FINANCE CERTAIN CAPITAL IMPROVEMENTS RELATED TO OFFICES FOR THE COUNTY TAX COLLECTOR; AUTHORIZING THE AWARD OF THE SALE OF THE BONDS UPON COMPLIANCE WITH CERTAIN PARAMETERS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE FORM OF ATTACHED LOAN AGREEMENT BETWEEN THE COUNTY AND THE PURCHASER OF THE BONDS; COVENANTING TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS TO PAY THE BONDS; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is enacted pursuant to the provisions of Section 125.01, et seq., Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. St. Lucie County, Florida (the "County") has requested proposals to provide the County with the necessary financing (the "Loan") to provide for the financing of certain capital improvements related to offices for the County Tax Collector (the "Project"). B. It is necessary and desirable to provide for the execution and delivery of a Loan Agreement and the issuance of Capital Improvement Revenue Bonds, Series 2015 (the "Bond") of the County to implement the Loan. Amounts due under the Loan Agreement and the Bond shall be payable from non -ad valorem revenues of the County derived from the County's covenant to budget and appropriate from legally available non -ad valorem funds each year such monies sufficient to pay the principal of and interest on such obligation. C. In accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the Bond is in the best interest of the County because of the flexibility available in structuring the Bond and its terms. SECTION 3. AUTHORIZING AND AWARD OF BOND. The issuance by the County of not to exceed $7,000,000 aggregate principal amount of its Capital Improvement Packet Pg. 305 10.A.3.b Revenue Bonds, Series 2015 for the purposes described above; to be dated, to bear interest at a rate or rates not exceeding the maximum legal rate per annum, to be payable, to mature, to be subject to redemption and to have such other characteristics as are provided in the Loan Agreement attached; and secured by a covenant of the County to budget and appropriate from legally available non -ad valorem funds each year monies sufficient to pay the principal and interest on such Bond, is hereby authorized. The sale of the Bond is hereby authorized to Pinnacle Public Finance, Inc., pursuant to such final terms providing the best overall benefit to the County being hereby delegated to the Chair of the Board of County Commissioners of the County, providing the following parameters are complied with: (A) the aggregate principal amount of the Bond shall be not in excess of $7,000,000; (B) the true interest cost of the Bond shall not exceed 2.80%; (C) the costs of issuance associated with the issuance of the Bond shall not exceed $50,000; and (D) the Bond shall be redeemable at the option of the County at par on and after December 1, 2020, as provided in the Loan Agreement. The Chair and Clerk shall also be authorized to enter into any "rate lock" agreement deemed advisable prior to the closing of the issuance of the Bond. SECTION 4. APPROVAL OF LOAN AGREEMENT AND BOND. The Loan Agreement and the Bond in the forms attached thereto as Exhibit B are hereby approved in substantially such forms, with such modifications as may be approved by the Chair or Vice Chair, including a modification of the principal amount thereof (not to exceed $7,000,000) and associated amortization changes, such approval to be conclusively determined by his execution thereof and the execution and delivery thereof by the Chair or Vice Chair of the Board of County Commissioners and the Clerk of the County who are hereby authorized to execute and deliver such instruments and to take such other actions as shall be necessary to implement the Loan. SECTION 5. AUTHORIZATION OF PROJECT. The Chair, County Attorney and Clerk are hereby authorized to take all action necessary in connection with the acquisition and construction of the Project, which is hereby authorized. Such parties are additionally hereby authorized to take any other action necessary or required in connection with the issuance of the Bond. SECTION 6. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict. SECTION 7. SEVERABILITY. In the event that any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Resolution, which shall remain in full force and effect. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its final passage and adoption. 2 Packet Pg. 306 10.A.3.b PASSED AND ADOPTED this 19th day of May, 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Its: Chair ATTEST: Its: Clerk of Circuit Court and Comptroller Packet Pg. 307 10.A.3.c NGN Draft No. 3: 5/12/2015 016-09 LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and PINNACLE PUBLIC FINANCE, INC. Dated as of May 22, 2015 Packet Pg. 308 10.A.3.c TABLE OF CONTENTS Page SECTION 1. DEFINITIONS................................................................................................. 1 SECTION 2. INTERPRETATION........................................................................................ 4 SECTION 3. THE LOAN...................................................................................................... 4 SECTION 4. DESCRIPTION OF BOND............................................................................. 5 SECTION 5. EXECUTION OF BOND................................................................................ 5 SECTION 6. REGISTRATION AND TRANSFER OF BOND ........................................... 5 SECTION. 7. BOND MUTILATED, DESTROYED, STOLEN OR LOST ......................... 6 SECTION8. FORM OF BOND............................................................................................ 6 SECTION 9 SECURITY FOR BOND; BOND NOT DEBT OF THE COUNTY .............. 6 SECTION 10. COVENANTS OF THE COUNTY................................................................. 7 SECTION 11. APPLICATION OF BOND PROCEEDS ..................................................... 10 SECTION 12. CONDITIONS PRECEDENT...................................................................... 10 SECTION 13. REPRESENTATIONS AND WARRANTIES ............................................. 11 SECTION 14. TAX COMPLIANCE.................................................................................... 12 SECTION 15. NOTICES....................................................................................................... 12 SECTION 16. EVENTS OF DEFAULT DEFINED............................................................. 12 SECTION 17. REMEDIES.................................................................................................... 13 SECTION 18. NO RECOURSE............................................................................................ 13 SECTION 19. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS................................................................................................... 14 SECTION 20. DEFAULT RATE.......................................................................................... 14 SECTION21. DEFEASANCE.............................................................................................. 14 -1- Packet Pg. 309 10.A.3.c TABLE OF CONTENTS (continued) Page SECTION 22. WAIVER OF JURY TRIAL.......................................................................... 14 SECTION 23. AMENDMENTS, CHANGES AND MODIFICATIONS ............................ 14 SECTION 24. BINDING EFFECT....................................................................................... 14 SECTION 25. SEVERABILITY........................................................................................... 14 SECTION 26. EXECUTION IN COUNTERPARTS........................................................... 14 SECTION 27. APPLICABLE LAW..................................................................................... 15 Packet Pg. 310 10.A.3.c This LOAN AGREEMENT made and entered as of May 22, 2015, by and between ST. LUCIE COUNTY, FLORIDA (the "County") and PINNACLE PUBLIC FINANCE, INC. (the "Lender"). WITNESSETH WHEREAS, the County has determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County issue $7,000,000 in aggregate principal amount of its Capital Improvement Revenue Bonds, Series 2015 (the 'Bonds" or the 'Bond"), for the principal purpose of financing certain capital improvements related to offices for the County Tax Collector (the "Project"). WHEREAS, the County has determined that it is without adequate currently available funds to finance the Project and it is necessary that funds be made immediately available to the County in order to finance the Project. WHEREAS, the County has determined that it is in its best interest to accept the proposal of the Lender as set out herein. WHEREAS, the Lender has agreed to lend the County the aggregate principal amount of $7,000,000 in return for the Bond. WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County covenant to budget and appropriate from its Non -Ad Valorem Revenues amounts sufficient to repay the principal of and interest on the Bond when due, as provided herein. WHEREAS, the Bond shall not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, the principal of and interest on which is payable solely from the Pledged Funds in the manner provided herein, and the principal of and interest on the Bond and all other payments provided for herein will be paid solely from the Pledged Funds, and it will never be necessary or authorized to levy taxes on any real property of or in the County to pay the principal of or interest on the Bond or other payments provided for herein. Furthermore, neither the Bond nor the interest thereon shall be or constitute a lien upon the Project or upon any other property of or in the County other than the Pledged Funds in the manner provided herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: Packet Pg. 311 10.A.3.c "Act" means Section 125.01, et seq., Florida Statutes, and other applicable provisions of law. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Board" means the Board of County Commissioners of the County. "Bond" means the Bond of the County delivered to the Lender in substantially the form attached hereto as Exhibit A with such modifications thereto as may be approved by the Chair, upon the advice of the County Attorney, such approval to be presumed by the Chair's execution thereof. "Business Day" means any day of the year on which banks in Fort Pierce, Florida are not required or authorized by law to remain closed and on which the Lender and the Paying Agent and the New York Stock Exchange, Inc. are open for business. "Chair" means the Chair of the Board, acting on behalf of the Board, and in his absence or unavailability, the Vice -Chair of the Board, and such other person or persons as may be duly authorized to act on their behalf. "Clerk" means the Clerk of the Board, acting on behalf of the Board, any Deputy Clerk designated by the Clerk to act on his or her behalf, or such other person or persons as may be duly authorized to act on his or her behalf. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations, procedures and rules thereunder in effect or proposed. "Construction Fund" means the St. Lucie County Capital Improvement Revenue Bond Construction Fund established pursuant to 10(F) hereof. "Costs" means, when used in connection with the Project, shall mean (1) the County's cost of physical construction; (2) costs of acquisition by or for the County of such Project; (3) costs of land and interests therein and the cost of the County incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during, and if advisable by the County, for up to one (1) year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if advisable by the County, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses, if any; (8) costs of machinery or equipment required by the County for the commencement of operation of such Project; and (9) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the County for any such items of Cost heretofore paid by the County. -2- Packet Pg. 312 10.A.3.c "Covenant Debt" means all other indebtedness of the County payable from a covenant to budget and appropriate Non -Ad Valorem Revenues on the same basis as the Bond. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "Default Rate" means the rate of interest on the Bond during the occurrence and continuation of an Event of Default, as set forth in Section 20 hereof. "Determination of Taxability" means the circumstance of the interest on the Bond becoming includable for federal income tax purposes in the gross income of the Lender. A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the County or the Lender of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency; (ii) the issuance of any public or private ruling of the Internal Revenue Service; or (iii) receipt by the County or the Lender of an opinion of counsel experienced in tax matters relating to municipal bonds, in each case to the effect that the interest on the Bond is not excluded from gross income of the Lender for federal income tax purposes. "Federal Securities" means direct obligations of the United States of America and obligations the principal of and interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity at the option of the obligor. "Fiscal Year" means the period from October 1 to the succeeding September 30, or such other period as may be prescribed by law. "Lender" means Pinnacle Public Finance, Inc., as initial registered owner of the Bond, or its successor in interest or its assigns. "Maturity Date" means the date which the principal of and interest on the Bond, or any portion thereof, shall be payable. "Maximum Debt Service Requirement" for the Bond, any Covenant Debt, or Senior Debt shall mean, as of any particular date of calculation and with respect to any period, the amount of principal of and interest on the Bond, such Covenant Debt or Senior Debt coming due in the then current or any future period in which such sum is the greatest. "Non -Ad Valorem Revenues" means all revenues of the County derived from any source whatsoever other than ad valorem taxation and legally available to pay principal of and interest on the Bond, but only after provision has been made by the County for the payment of all essential or legally mandated services. "Paying Agent" means the Clerk. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons. -3- Packet Pg. 313 10.A.3.c "Pledged Funds" means, until applied in accordance with the provisions of this Loan Agreement, all moneys, including investments thereof, in the Sinking Fund established hereunder. Pledged Funds shall include all amounts transferred to the Sinking Fund as a result of the County's covenant to budget and appropriate Non -Ad Valorem Revenues contained herein. "Project" shall mean those certain capital improvements related to offices for the County Tax Collector. "Register" means the books maintained by the Registrar in which are recorded the name and address of the holder of the Bond. "Registrar" means the Person maintaining the Register. The Registrar shall be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103, 141 through 150 and 265 of the Internal Revenue Code of 1986 in effect from time to time. "Resolution" means Resolution No. , adopted by the Board on May 19, 2015. "Senior Debt" shall mean any debt of the County secured by a lien on or a pledge of any part of the Non -Ad Valorem Revenues senior to the lien on or pledge thereof in favor of the Bond. "Sinking Fund" means the fund created and established pursuant to Section 10(D) hereof. "State" means the State of Florida. "Stated Rate" shall mean 2.74%, subject to adjustment in the event of a Determination of Taxability to the Taxable Rate. The Taxable Rate shall be effective retroactive to the date the tax status of the Bond is ruled to have changed. "Taxable Rate" means a rate equal to 4.22% per annum unless the Default Rate is in effect, in which case the Taxable Rate means a rate equal to 6.00% per annum. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Lender hereby makes and the County hereby accepts the loan in the principal amount of $7,000,000 upon the terms and conditions herein. ME Packet Pg. 314 10.A.3.c B. Disbursement of Proceeds. Proceeds of the loan shall be made available to the County on the date of closing of the loan. SECTION 4. DESCRIPTION OF BOND. The loan shall be evidenced by the Bond. The Bond shall be dated as of the date of initial delivery thereof, shall mature on December 1, 2034, shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Stated Rate. Interest on the Bond shall be payable on each June 1 and December 1, commencing December 1, 2015 and at the maturity of the Bond, calculated on a basis of 360 days comprised of twelve, 30-day months. Principal shall be paid each December 1, commencing December 1, 2015, in the amounts set forth in the form of Bond attached hereto as Exhibit A. The Bond shall be subject to prepayment at the option of the County, in whole but not in part, at any time on and after December 1, 2020, at a price of par, plus accrued interest to the redemption date. The County shall provide the Lender ten (10) Business Days' prior written notice prior to any prepayment of the Bond. If any adjustments made to the interest rate on the Bond pursuant to this Resolution shall cause such interest rate to be in violation of the maximum interest rate provisions of Section 215.84, Florida Statutes, the Bond shall be subject to mandatory redemption within 30 days thereof, upon notice from the Bondholder or its assigns to redeem the Bond. SECTION 5. EXECUTION OF BOND. The Bond shall be executed in the name of the County by the Chair, and attested and countersigned by the Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Bond may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Bond shall hold such office in the County, although at the date of such Bond such person may not have been so authorized. The Bond may be executed by the facsimile signatures of the Chair or Clerk. SECTION 6. REGISTRATION AND TRANSFER OF BOND. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Bond is shown on the Register shall be deemed the owner thereof by the County and the Registrar, and any notice to the contrary shall not be binding upon the County or the Registrar. The County and the Registrar may treat the registered owner as the absolute owner of the Bond for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. Ownership of the Bond may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of any Bond accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the registered owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the registered owner or the transferee or transferees, as the case may be, a new fully registered Bond of authorized denominations and of the same maturity and interest rate and for the aggregate principal amount as the Bond surrendered. -5- Packet Pg. 315 10.A.3.c The Bond presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the registered owner or by his duly authorized attorney. The Registrar or the County may require payment from the registered owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto by any governmental body other than the County. Such charges and expenses shall be paid before any such new Bond shall be delivered. The new Bond delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Bond surrendered, shall be secured under this Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Bond surrendered. Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be canceled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. SECTION. 7. BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall be mutilated, or be destroyed, stolen or lost, upon the registered owner furnishing the Registrar proof of its ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Bond, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Bond, upon surrender of such mutilated Bond, if any, to the Registrar and the cancellation thereof; provided, however, if the Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any Bond surrendered under the terms of this Section 7 shall be canceled by the Registrar. Any such duplicate Bond issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the duplicate Bond, the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the special funds, as hereinafter pledged, to the same extent as the other Bond issued hereunder. SECTION 8. FORM OF BOND. The Bond shall be in substantially the form of Exhibit A hereto with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Agreement. SECTION 9 SECURITY FOR BOND; BOND NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Bond shall be secured forthwith, by a lien upon Packet Pg. 316 10.A.3.c and a pledge of the Pledged Funds. Until the Bond is paid or deemed paid pursuant to the provisions of this Agreement, the County hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each Fiscal Year, amounts sufficient to pay the principal and interest on the Bond until the maturity thereof. Such covenant and agreement on the part of the County to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the County, the County does not covenant to maintain any services or programs, now provided or maintained by the County, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the County from pledging in the future its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the registered owner of the Bond a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available for the payment of principal and interest on the Bond, in the manner described herein, Non -Ad Valorem Revenues and placing on the County a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations hereunder; subject, however, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. The County agrees that its covenant and agreement to budget and appropriate Non -Ad Valorem Revenues shall be deemed entered into for the benefit of the Lender, and this obligation may be enforced by a court of competent jurisdiction. The Bond shall not constitute a general obligation or indebtedness of the County and the Lender shall never have the right to require or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Bond. The County does hereby irrevocably pledge the Pledged Funds to the payment of the principal of and interest on the Bond. SECTION 10. COVENANTS OF THE COUNTY. So long as any of the principal of or interest on the Bond shall be outstanding and unpaid or until provision for payment of the Bond shall have been made pursuant to Section 21 hereof, the County covenants with the Lender as follows: A. Tax Compliance. The County will take all actions necessary to maintain the exclusion from gross income of interest on the Bond to the same extent as such existed on the date of issuance of the Bond. -7- Packet Pg. 317 10.A.3.c B. Financial Statements. Not later than 210 days following the end of each Fiscal Year, the County shall provide the Lender or other registered owner of the Bond (in electronic format, if available) the annual audited financial statements of the County audited by the County's certified public accountants together with the report of such accountants containing only such qualifications as are reasonably acceptable to the Lender. The County shall also provide the Lender with a certificate that no Event of Default has occurred and is continuing hereunder, and that the County is in compliance with all covenants on its part set forth herein. C. Annual Budget and Other Information. The County shall prepare its annual budget in accordance with Florida law, and shall provide the registered owner of the Bond a copy of its final annual budget for each Fiscal Year within 30 days of adoption thereof by the Board and such other information the Lender or other registered owner may reasonably request. D. Sinking Fund. The County hereby creates and establishes a special separate fund to be called the "St. Lucie County, Florida Capital Improvement Revenue Bond, Series 2015 Sinking Fund" (hereinafter called the "Sinking Fund"). On or before the Business Day prior to each date fixed for the payment of principal or interest on the Bond, the County shall deposit from Non -Ad Valorem Revenues budgeted and appropriated pursuant to the covenant contained herein to the Sinking Fund the amounts sufficient to pay the interest and principal becoming due on the Bond on the next payment date therefor. The amounts remaining on deposit in the Sinking Fund on the day following the respective interest or principal payment may be withdrawn by the County and applied for other County purposes. In no event shall any moneys remain on deposit in the Sinking Fund for a period greater than 13 months. Amounts on deposit in the Sinking Fund may be invested and reinvested by the County in Authorized Investments maturing or redeemable at the option of the County not later than the date such amounts are needed for the payments required hereunder. Except to the extent otherwise required by any provision hereof or of any tax compliance certificate delivered in connection with the delivery of the Bond, all income from the investment of moneys in the fund and accounts established by this Agreement shall, upon receipt thereof, be deposited to the credit of the Sinking Fund and used for the purposes thereof. The designation of a special fund by this Agreement shall not be construed to require the establishment of any completely independent, self -balancing funds, as such term is commonly used and defined in governmental accounting, but is intended solely to constitute an earmarking of certain moneys and investments for certain purposes and to establish certain priorities for application of such moneys and investments as herein provided. The moneys and investments required to be accounted for in the foregoing fund established herein may be deposited in a single fund or account, provided that adequate accounting records are maintained to reflect the allocation of the moneys and investments on deposit therein into the fund established hereunder and to control the restricted uses of such moneys and investments for the various purposes as herein provided. Packet Pg. 318 10.A.3.c The County shall not be required to make any further payments into the Sinking Fund when the aggregate amount of money and Authorized Investments in said funds and accounts is at least equal to the total principal of and interest on the Bond then outstanding. E. Rebate Fund. The County hereby creates and establishes a special separate fund to be called the "St. Lucie County, Florida Capital Improvement Revenue Bond, Series 2015 Rebate Fund" (herein called the "Rebate Fund"). The County hereby agrees to cause the arbitrage rebate amount to be calculated as set forth in the County's Certificate as to Arbitrage and Certain Other Tax Matters delivered at the time of closing of the Bond, and to cause the required amount to be deposited into the Rebate Fund herein established. Amounts on deposit in the Rebate Fund shall be in held in trust by the County and used solely to make the required rebates to the United States of America, and neither the Lender nor the County shall have any right or claim to such moneys. F. Construction Fund. The County covenants and agrees to establish a separate fund, to be known as the "St. Lucie County Capital Improvement Revenue Bond Construction Fund," which shall be used only for payment of the Costs of the Project. Moneys in the Construction Fund, until applied in payment of any item of the Cost of the Project in the manner hereinafter provided, shall be held in trust by the County and shall be subject to a lien and charge in favor of the Lender and for the further security of the Lender. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution. The County covenants that the acquisition, construction and installation of the Project will be completed without delay and in accordance with sound engineering practices. The County shall make disbursements or payments from the Construction Fund to pay the Costs of the Project upon the filing with the Clerk and the Lender of documents and/or certificates signed by the County Administrator or his or her designee, stating with respect to each disbursement or payment to be made: (1) the item number of the payment, (2) the name and address of the Person to whom payment is due, (3) the amount to be paid, (4) the purpose, by general classification, for which payment is to be made, and (5) that (A) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Costs of the Project and is a proper charge against the Construction Fund and has not been the basis of any previous disbursement or payment, or (B) each obligation, item of cost or expense mentioned therein has been paid by the County, has not been theretofore reimbursed to the County or otherwise been the basis of any previous disbursement or payment and the County is entitled to reimbursement thereof. The Clerk shall retain all such documents and/or certificates submitted pursuant hereto for seven (7) years from the dates of such documents and/or certificates. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by the Lender or the agent or representative of the Lender. Notwithstanding any of the other provisions of this Section 10(F), to the extent that other moneys are not available therefor, amounts in the Construction Fund shall be applied to the payment of principal and interest on the Bond when due. The date of completion of the Project shall be determined by the County Administrator who shall certify such fact in writing to the Board. Promptly after the date of the completion of the Project, and after paying or making provisions for the payment of all unpaid items of the Cost 0 Packet Pg. 319 10.A.3.c of such Project, the County shall deposit any balance of moneys remaining in the Construction Fund in such other fund or account as shall be determined by the Board, provided the County has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bond from gross income for purposes of federal income taxation. G. Issuance of Other Obligations. Except for the Bond, the County will not issue any other obligations payable from the Non -Ad Valorem Revenues nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge against the Non -Ad Valorem Revenues, or any part thereof, except as set out below. No additional indebtedness payable from or secured by Non -Ad Valorem Revenues shall be issued by the County unless the actual receipts of Total Governmental Funds of the County (as specified in the County's audited financial statements) for the prior Fiscal Year, less ad valorem revenues, less Non -Ad Valorem Revenues from Total Governmental Funds pledged to secure debt that has a first lien on such Non -Ad Valorem Revenues, and less the amount required to pay for Essential Services of the County for the prior Fiscal Year equal at least 120% of such maximum annual debt service on all Debt payable from such Non -Ad Valorem Revenues. "Debt" is defined as on any date (without duplication) all of the following to the extent that they are general obligations of the County or are payable in whole or in part from Non -Ad Valorem Revenues (i) all obligations of the County for borrowed money evidenced by bonds, debentures, or other similar instruments; (ii) all obligations of the County to pay the deferred purchase price of property or services, except trade accounts payable under normal trade terms and which arise in the ordinary course of business; (iii) all obligations of the County as lessee under capitalized leases; and (iv) all indebtedness of other Persons to the extent guaranteed by, or secured by Non - Ad Valorem Revenues of the County. For purposes of this covenant, "Essential Services" are those services identified by the County in its annual audit as general government and public safety expenditures from Total Governmental Funds, less expenditures paid from ad valorem revenues. SECTION 11. APPLICATION OF BOND PROCEEDS. The proceeds of the Bond shall first be applied by the County to pay the costs of preparation and issuance of the Bond and thereafter shall be deposited by the County into the Construction Fund and used to pay the Costs of the Project. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Lender to make the initial disbursement of proceeds is subject to the satisfaction of each of the following conditions precedent on or before the closing date: A. Action. The Lender shall have received copies of all action taken by the County approving the execution and delivery by the County of this Agreement and the financing documents to which the County is a party, in each case certified as complete and correct as of the closing date. B. Incumbency of Officers. The Lender shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Agreement and the financing documents to which it is a party on behalf of the County. -10- Packet Pg. 320 10.A.3.c C. Opinion of Counsel to the County. The Lender shall have received a written opinion of counsel to the County covering matters relating to the transactions contemplated by this Agreement and the financing documents, in form and substance satisfactory to the Lender. D. Opinion of Bond Counsel. The Lender shall have received an opinion from bond counsel in respect of the Bond, in form and substance satisfactory to the Lender. The opinion shall, at a minimum, address (i) the enforceability of the Resolution and this Agreement, (ii) that this Loan Agreement and the Bond create a valid lien on the Pledged Funds and Non -Ad Valorem Revenues budgeted, appropriated and deposited in the Sinking Fund in accordance with their terms, and (iii) the status of interest on the Bond being excluded from gross income for federal income tax purposes under the provisions of Section 103 of the Code. E. No Default, Etc. No Default shall have occurred and be continuing as of the closing date or will result from the execution and delivery of this Agreement; the representations and warranties made by the County shall be true and correct in all material respects on and as of the closing date, as if made on and as of such date; and the Lender shall have received a certificate from the County to the foregoing effect. F. Other Documents. The Lender shall have received such other documents, certificates and opinions as the Lender or its counsel shall have reasonably requested. SECTION 13. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Lender that: A. Organization. The County is a political subdivision of the State of Florida. B. Authorization of Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution, delivery and performance of the County's obligations under this Agreement and each of the financing documents to which it is a party in accordance with its respective terms. This Agreement has been duly executed and delivered by the County and is, and each of the financing documents to which it is a party when executed and delivered will be, legal, valid and binding obligations of the County enforceable against the County in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization or moratorium applicable to the County and general equitable principles regarding the availability of specific performance. C. Non -Ad Valorem Revenues. The County currently receives the Non -Ad Valorem Revenues, and is legally entitled to covenant to budget and appropriate from such Non -Ad Valorem Revenues sufficient amounts in each Fiscal Year to pay the principal of and interest on the Bond, when due, subject to any prior liens or encumbrances on such Non -Ad Valorem Revenues, whether now existing or hereafter created. The Non -Ad Valorem Revenues are estimated to be sufficient to pay the principal of and interest on the Bond as the same becomes due and to make all other payments required to be made from such Non -Ad Valorem Revenues by the terms of this Agreement or other instruments to which the County is a party or pursuant to which all or any portion of the Non -Ad Valorem Revenues may be obligated. -11- Packet Pg. 321 10.A.3.c D. Financial Statements. The financial statements of the County for the year ended September 30, 2014, copies of which have been furnished to the Lender, have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended. Since such date, there has been no material adverse change in the financial condition, revenues (including, without limitation, Non Ad -Valorem Revenues), properties or operations of the County. SECTION 14. TAX COMPLIANCE. Neither the Board nor any third party over whom the Board or the County have control, will make any use of the proceeds of the Bond or the Pledged Funds at any time during the term thereof which would cause the Bond to be a "private activity bond" within the meaning of Section 103(b)(1) of the Code or "arbitrage bond" within the meaning of Section 103(b)(2) of the Code. The Board covenants throughout the term of the Bond to comply with the requirements of the Code and the Regulations, as amended from time to time. SECTION 15. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, FL 34982 Attention: Clerk of Court Lender: Pinnacle Public Finance, Inc. 8377 E. Hartford Drive, Suite 115 Scottsdale, AZ 85255 Attention: Michael Krahenbuhl, Vice President, Operations Manager Either of the above parties may, by notice in writing given to the other, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication to the Lender via telecopier shall be confirmed by delivery of a hard copy thereof to the Lender not later than two Business Days after such communication by telecopier. Notices to the Paying Agent shall be effective only upon the receipt thereof by the Paying Agent. SECTION 16. EVENTS OF DEFAULT DEFINED. The following shall be 'Events of Default" under this Agreement and the term 'Events of Default" shall mean (except where the context clearly indicates otherwise), whenever such term is used in this Agreement, any one or more of the following events: A. Failure by the County to timely pay any amount due hereunder; B. Failure by the County to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Agreement (other than as provided -12- Packet Pg. 322 10.A.3.c in A, above) for a period of 30 days after written notice, except to the extent some other grace period shall be provided in regard to a covenant, specifying such failure and requesting that it be remedied, is given to the County by the Lender, unless the Lender shall agree in writing to an extension of such time prior to its expiration; C. Any warranty, representation or other statement by the County or by an officer or agent of the County contained in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement is false or misleading in any material adverse respect; D. A petition is filed against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and an order for relief is entered or such petition is not dismissed within 60 days of such filing; E. The County files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; F. The County admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; or G. Any debt of or assumed by the County (i) is not paid when due nor within any applicable grace period in any agreement or instrument relating to such debt, (ii) becomes due and payable before its normal maturity by reason of a default or event of default, however described, or (iii) becomes subject to a moratorium. SECTION 17. REMEDIES. The Lender may sue to protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including, in the case of an Event of Default described in Section 16(A), (D), (E), (F) or (G) above, the declaration of all payments of principal and interest on the Bond to be immediately due and payable. SECTION 18. NO RECOURSE. No recourse shall be had for the payment of the principal of and interest on the Bond or for any claim based on the Bond or on this Agreement, against any present or former member or officer of the Board or any person executing the Bond. -13- Packet Pg. 323 10.A.3.c SECTION 19. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement. SECTION 20. DEFAULT RATE. Upon the occurrence of any Event of Default set forth in Section 16 above, commencing from the date of such Event of Default until such Default is remedied or the amounts due hereunder are paid in full, the Bond shall bear interest at the Default Rate. The Default Rate shall be equal to 6% per annum; provided, that if at the time of such Event of Default the Taxable Rate is then in effect, the Default Rate will be 7% per annum. SECTION 21. DEFEASANCE. If, at any time, the County shall have paid, or shall have made provision for payment of, the principal and interest with respect to the Bond and all costs and expenses of the Lender payable under this Agreement, then, and in that event, the pledge of and lien on the Pledged Funds in favor of the Lender shall be no longer in effect and the County shall have no further obligation to comply with the covenants contained in Section 10 hereof, other than the covenant contained in paragraph (A) of Section 10. For purposes of the preceding sentence, deposit of Federal Securities in irrevocable trust with a banking institution or trust company, for the sole benefit of the Bond, with respect to which Federal Securities the principal of and interest will be sufficient (in the opinion of an independent certified public accountant) to make timely payment of the principal and interest on the Bond, shall be considered "provision for payment." SECTION 22. WAIVER OF JURY TRIAL. With respect to any suit or action between the County and the Lender relating to the Bond or this Agreement or any other aspect of the transaction between the County and the Lender, the County and the Lender each expressly waives any right to a jury trial, and agrees that the exclusive venue for any such suit or action shall be in any state or federal court in the State of Florida. SECTION 23. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended by the County, with the prior written consent of the Lender. SECTION 24. BINDING EFFECT. To the extent provided herein, this Agreement shall be binding upon the County and the Lender and shall inure to the benefit of the County and the Lender and their respective successors and assigns. SECTION 25. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 26. EXECUTION IN COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. -14- Packet Pg. 324 10.A.3.c SECTION 27. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State. -15- Packet Pg. 325 10.A.3.c IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written. ATTEST: Its: Ex-Officio Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Its: Chair PINNACLE PUBLIC FINANCE, INC. LE -16- Cathleen D. Jimenez Managing Director and Senior Vice President Packet Pg. 326 10.A.3.c FORM OF BOND No. R-1 ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2015 RATE OF INTEREST MATURITY DATE DATE OF ISSUE 2.74%* December 1, 2034 May 22, 2015 REGISTERED OWNER: Pinnacle Public Finance, Inc. PRINCIPAL AMOUNT: $7,000,000 KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner on the Maturity Date specified above the principal amount then outstanding pursuant to the terms of that certain Loan Agreement dated as of May 22, 2015 between the County and the Registered Owner (the "Agreement"), plus interest thereon from the Date of Issue set forth above to the date of payment thereof, at the Stated Rate until payment of the Principal Amount above stated, such interest to be calculated on a 360-day year comprised of twelve 30- day months. This Bond shall bear interest at a fixed rate of interest equal to 2.74%. The Rate of Interest on this Bond is subject to adjustment as set forth in the Agreement under the definition of "Stated Rate." Interest on the Bond shall be payable on each June 1 and December 1, without presentation or surrender except for the final payment, commencing December 1, 2015, and principal on this Bond shall be paid each December 1, commencing December 1, 2015, in the amounts set forth below: Year (December 1) Amount 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 A-1 Packet Pg. 327 10.A.3.c 2031 2032 2033 2034 *Subject to adjustment as set forth in the definition of "Stated Rate." This Bond may be prepaid in whole or in part prior to maturity upon ten (10) Business Days' prior written notice to the Registered Owner and upon payment of the prepayment price set forth in the Agreement. Capitalized terms used herein and not defined are used as defined in the Agreement. This Bond is issued under the authority of Chapter 125, Florida Statutes, as amended, and other applicable provisions of law, and pursuant and subject to the terms and conditions of the Resolution duly adopted by the Board of County Commissioners of the County on May 19, 2015 (the "Resolution"), to which reference should be made to ascertain those terms and conditions. Subject to the limitations and restriction set forth in the Agreement, the County has covenanted in the Agreement to budget and appropriate in each Fiscal Year while this Bond is outstanding sufficient amounts, from legally available Non -Ad Valorem Revenues, to pay the principal of and interest on this Bond during such Fiscal Year, as more particularly provided in the Agreement. This Bond shall not constitute a general obligation or indebtedness of the County, and the Lender shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Bond. This Bond shall not constitute a lien upon the projects financed with proceeds of the Project (as defined in the Agreement), or upon any property of or in the County, but shall be payable solely from the Pledged Funds in the manner provided in the Agreement. Reference is made to the Agreement for the provisions relating to the security for payment of this Bond and the duties and obligations of the County hereunder. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to happen, exist and be performed precedent to and in the issuance of this Bond, have happened, exist and have been performed in regular and due form and time as so required. (Remainder of page intentionally left blank) A-2 Packet Pg. 328 10.A.3.c IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has caused this Bond to be executed by its Chair, and attested by its Clerk, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and this Bond to be dated May 22, 2015. ATTEST: Its: Ex-Officio Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Its: Chair A-3 Packet Pg. 329 10.A.3.c The following abbreviations, when used in the inscription on the face of the within, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common JT TEN - as joint tenants with right of survivorship TEN ENT - as tenants by the entireties and not as tenants in common UNIF GIF MIN ACT - UNIF TRANS MIN ACT - (Cust.) Custodian for Custodian for under Uniform Gifts to Minorunder Uniform Transfers to Minors Act of Minors Act of (Minor) (State) Additional abbreviations may also be used though not in the list above. Packet Pg. 330 10.A.3.c ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to PLEASE INSERT NAME, ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE the within Bond and does hereby irrevocably constitute and appoint as his agent to transfer the Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alternation or enlargement or change whatever. A-5 Packet Pg. 331 10.A.4 ITEM NO. (ID # 2876) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 05/19/2015 *REGULAR AGENDA\COUNTY ATTORNEY Interlocal Agreement - Local Option Gas Tax - Fort Pierce, Port St. Lucie and St. Lucie Village On December 11, 2001 the Board approved an "Amended and Restated Interlocal Agreement" between the County and the City of Port St. Lucie. The Board has previously adopted the six cent ($0.06) local option fuel tax pursuant to Section 336.025(1)(a) Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 336.025(1)(b) Florida Statutes. The levy of the local option fuel tax expires on August 31, 2015. Proceeds from the six cent ($0.06) local option fuel tax may only be used for transportation expenditures as defined in the statutes. Proceeds from the five cent ($0.05) local option fuel tax may only be used for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive or for expenditures needed to meet immediate local transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks. On April 29, 2015, the County Management and Budget Director distributed a memorandum explaining the Local Option Gas Tax Allocation Method, a copy of which is attached. Please note that even with reauthorization of this tax the transportation infrastructure needs of the County will exceed available revenues. The percentage of distribution to each entity is set out in the interlocal agreement. For the period from September 1, 2015 through December 31, 2017 the distribution formula would remain the same as in the current interlocal agreement (based on the "transportation expenditures" for the previous 5 years). For the period from January 1, 2018 through December 31, 2044 the distribution formula is based on the number of paved roadway miles maintained by the County and the eligible municipalities with a floor of twenty percent (20%) for the County's distribution percentage. To be effective the City of Port St. Lucie will need to approve the interlocal agreement by June 1, 2015. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 332 10.A.4 N/A RECOMMENDATION: Staff recommends that the Board approve the interlocal agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION: Coordination/Signatures Heather Young, Asst. County Attorney 5/14/2015 updated: 5/14/2015 11:25 AM by Stephanie Bush Page 2 Packet Pg. 333 10.A.4.a APR 2 9 2015 C+0 U NTY a . F L O R I D A - COUNTY ATTORNEY Office of Management & Budget Budget Division MEMORANDUM TO: Howard N. Tipton, County Administrator FROM: Asheley Hepburn, Director, Office of Management and B DATE: April 29, 2015 SUBJECT: Local Option Gas Tax Allocation Method The Local Option Gas Tax will expire on August 31, 2015, both the 5th Cent (1st-5th cents) and the 6th Cent (151 - 6th Cent) gas tax. State Statute 336.025 governs County transportation systems and levy of local option fuel tax on motor fuel and diesel fuel. The 5th cent gas tax is levied against every gallon of motor fuel sold and shared by the municipalities in St. Lucie County by inter -local agreement. The 6th cent gas tax is levied against every gallon of motor fuel and diesel sold. It is also shared with the three municipalities in St. Lucie County by inter - local agreement. We have reviewed the current distribution methodology, which is based on transportation expenditures incurred by each municipality for the preceding five years. We have also compared it to various other methodologies, including paved roadway miles each municipality is responsible for maintaining. The Office of Management and Budget is in support of modifying the distribution methodology because it considers the miles of paved roads each jurisdiction is responsible for maintaining, which appears to be a more equitable distribution. Secondly, the core purpose of the Local Option Gas Tax is to fund transportation expenditures such as construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads that increase capacity. Simplifying the basis of the methodology to paved roads (miles) more closely aligns the methodology to the core purpose of the Local Option Gas Tax. The change in methodology has a dramatic impact to the County's Local Option Gas Tax revenue (see chart A). Utilizing paved road (miles) will generate approximately $3.57 million and increase revenue by approximately $1.1 million for the County. The City of Port St, Lucie will generate approximately $8.26 million and decrease by approximately .600 million. The City of Port Pierce will generate approximately $1.53 million and decrease by approximately .500 million. Packet Pg. 334 10.A.4.a '10,000,000 Comparison of Distribution Methods By $s,s— sg� Government $8,000,000 $8,Z59,581 $ 6,000,000 $4,000,000 1 $3,5 577 78 $z,000,000 E $2,049,042 $2,480,000 _ $1,5299,202 $0 — - — Port 5t. Lucie 5t. Lucie County Fort Pierce 5t. Lucie Village 5 YR Transportation Exp. 0 Paved Roads (Miles) (Chart A) The current distribution methodology is similar to the default formula utilized by the State of Florida Department of Transportation when Counties have no inter -local agreement with cities in their jurisdiction. Using transportation expenditures as the basis (see Chart B) of the distribution shows the County's distribution has declined by 19.36 percentage points since 2001, whereas the City of Port Lucie's distribution has increased by 20.79 percentage points. However, the paved road (miles) changed slightly over a similar period of time (see Chart C). In 2001, St. Lucie County had 362.9 miles of paved road or 26.78% and Port St. Lucie had 858 miles of paved road or 63.32%. In 2015, St. Lucie County had 379 miles of paved road or 26.71 % and Port St. Lucie had 875 miles of paved road or 61.7%. This suggests that if paved roads were used as the distribution methodology starting in 2001; the County's allocation would have decreased slightly by .07 percentage points and the City of Port St Lucie's allocation would have decreased by 1.65 percentage points. The County's responsibility for paved road (miles) has remained consistent between 2001 and 2015, however the County's allocation of the Local Option Gas Tax has decreased dramatically. The Office of Management and Budget is in support of modifying the allocation method used to distribute the Local Option Gas tax to paved road (miles). This change will lead to a more equitable approach in allocating the Local Option Gas Tax. Packet Pg. 335 10.A.4.a 100.00% 80.00% 60.00 % 40.00% 20.00% 0.00% 100.00% 90.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00°% 0.00% Allocation Based 5 Yr. Transportation Expenses St. Lucie Village St. Lucie Village 0.14% _ Fort Pierce _0.07% r Fort Pierce 16.609'o 1s29% St. Lucie County St. Lucie County 18.51% 37.87% Port St. Lucie 45.39% FY 2001 (Chart B) Port St. Lucie 66.13% FY 2015 Allocation Based On Paved Road (Miles) St. Lucie Village St. Lucie Village 0.23 % 0.23 % St. Lucie County 26.78% Port St. Lucie 63.32% 2001 (Chart C) Copy: Daniel Mclntrye, County Attorney Robert Adolphe, Deputy County Administrator Jennifer Hill, Budget Manager Dorn West, Public Works Director St. Lucie County 26.70% Port St. Lucie 61.65% 2015 Packet Pg. 336 10.A.4.b INTERLOCAL AGREEMENT LOCAL OPTION GAS TAX THIS IS AN AGREEMENT between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the County), the CITY OF FORT PIERCE, a Florida municipal corporation, the CITY OF PORT ST. LUCIE, a Florida municipal corporation, and TOWN OF ST. LUCIE VILLAGE, a Florida municipal corporation (the Cities), for the purpose of providing for the division and distribution of the proceeds of the local option gas tax imposed by St. Lucie County, pursuant to Section 336.025(1)(a) and previously (b), Florida Statutes, (the Gas Tax). WHEREAS, the County adopted an eleven ($.11) cent local option fuel tax pursuant to Section 336.025(1)(a) and (b), Florida Statutes, which tax will expire on August 31, 2015; and WHEREAS, the County intends to hold a public hearing to consider the adoption of an ordinance re -authorizing the inspection of an eleven ($.11) cent local option fuel tax from September 1, 2015 through December 31, 2044; and, WHEREAS, the parties desire to distribute the proceeds of the gas tax by Interlocal Agreement as authorized by Section 336.025, Florida Statutes, as set forth herein. NOW, THEREFORE, in consideration of the premises and pursuant to the authorization of Section 336.025, Florida Statutes, the County and the Cities agree that: 1. The Cities are municipalities located within St. Lucie County, Florida, representing a majority of the population of the incorporated area within St. Lucie County and are eligible to receive a portion of the Gas Tax. 2. All distribution made prior to September 1, 2015, are ratified and approved. All subsequent divisions of proceeds shall be redetermined by the County on or before October 1 of each succeeding year during the term of this Agreement beginning October 1, 2015. The annual redetermination by the County of the division of the tax proceeds for the period beginning September 1, S:\ATTY\AGREEN9NT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) Packet Pg. 337 10.A.4.b 2015 through December 31, 2017 shall be based on the transportation expenditures of the County and all eligible municipalities based on the transportation expenditures of each for the five fiscal years preceding the year in which the annual redetermination is made, as a proportion of the total of such expenditures for the County and all municipalities within the County. The annual redetermination by the County of the division of the tax proceeds for the period beginning January 1, 2018 through December 31, 2044 shall be based on the number of paved roadway miles maintained by the County and each of the eligible municipalities determined as of July 1 of each year beginning on July 1, 2017 as a proportion of the total amount of paved roadway miles maintained by the County and the eligible municipalities. Provided, however, the parties agree that in no event shall the County's annual percentage of gas tax revenues be less that twenty percent (20%). Any disputes as to the determination by the County of distribution proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes. 3. The County and the municipalities shall utilize monies received pursuant to Section 336.025(1)(a), Florida Statutes (6-cents) only for transportation expenditures as defined in Section 336.025(7), Florida Statutes. The County and the municipalities shall use moneys received pursuant to Section 336.025(1)(b), Florida Statutes (5 cents) for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation -related expenditures that are critical for building comprehensive roadway networks by local governments. For purposes of this paragraph, expenditures for the construction of new roads, the reconstruction or resurfacing of existing paved roads, or paving of existing graded roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of an adopted comprehensive plan. Expenditures for purposes of this paragraph shall not include routine maintenance of roads. S:\ATTY\AGREEMNT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) Packet Pg. 338 10.A.4.b 4. The Agreement shall be deemed one agreement (the Interlocal Agreement) for the purposes of Section 336.025, Florida Statutes, and the Interlocal Agreement constitutes an interlocal agreement between St. Lucie County and municipalities located therein representing a majority of the incorporated area population within this County. 5. This Agreement shall be in effect from September 1, 2015 to December 31, 2044, both inclusive. It shall also govern the division and distribution of proceeds of the Gas Tax imposed through December 31, 2044, but not collected or otherwise not available for distribution until after December 31, 2044. 6. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. 7. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: Date: S:\ATTY\AGREEN9NT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) County Attorney Packet Pg. 339 10.A.4. b ATTEST: CITY OF FORT PIERCE, FLORIDA BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney Date: S:\ATTY\AGREEMNT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) Packet Pg. 340 10.A.4. b ATTEST: CITY OF PORT ST. LUCIE, FLORIDA BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney Date: S:\ATTY\AGREEN9NT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) Packet Pg. 341 10.A.4.b ATTEST: TOWN OF ST. LUCIE VILLAGE, FLORIDA BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: Date: Village Attorney S:\ATTY\AGREEN9NT\INTERLOC\Local Option Gas Tax — FP, PSL and Village — 2015(2) Packet Pg. 342 10.A.4.c SU NR1 PlfR[f ,Q Z � s � o � / C( _ Oi'IL;tLi C OFFICE OF THE CITY MANAGER TEL (772) 467-3031 CITY HALL, 100 NORTH U.S. 1 FAX (772) 489-8042 P.O. BOX 1480 www.cityoffortpierce.com FORT PIERCE, FLORIDA 34954-1480 May 12, 2015 Howard N. Tipton, County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Howard: The Fort Pierce City Commission discussed the County's proposed interlocal agreement regarding the allocation of the proceeds from the local option gas tax at their Conference Agenda meeting yesterday. It is my understanding that the Board of County Commissioners will review the proposed agreement at their meeting scheduled for May 19, 2015. Please inform the Board that it was the consensus of the City Commission that we respectfully request at least a one year extension of the existing interlocal agreement. Frankly, we need this time to perform a thorough analysis to ascertain how the projected loss of $500,000 will impact our revenue, and to have a plan in place. Please let me know if you have any questions or need additional information. Si rely, Robert J. Bradshaw City Manager RJB:jdr Mayor and Commissioners Nick Mimms, P.E., Deputy City Manager Robert V. Schwerer, City Attorney Gloria J. Johnson, Finance Director John R. Andrews, P.E., City Engineer Donald West, P.E., SLC Public Works Director Daniel S. McIntyre, County Attorney ■■ Packet Pg. 343