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HomeMy WebLinkAboutAgenda Packet 06.16.2015T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, June 16, 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 611512015 11:46 AM Regular Meeting Tuesday, June 16, 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, June 16, 2015 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, June 02, 2015 5. PUBLIC COMMENT (excluding Public Hearing items) 6. PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution proclaiming June 18, 2015 as "National Dump the Pump Day" in St. Lucie County, Florida. 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS Warrant List Numbers 34, 35 & 36 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Animal Control Ordinance Amendments - Permission to Advertise Staff recommends that the Board of County Commissioners grant permission to advertise the proposed Ordinance for public hearing on July 21, 2015 at 9:00 a.m. or as soon thereafter as may be heard. 2. Transit Shelters - Agreement with Housing Authority of the City of Fort Pierce Staff recommends that the Board of County Commissioners approve the proposed agreement with the Housing Authority of the City of Fort Pierce, and authorize the Chair to sign the agreement 3 1 P a g e Regular Meeting Tuesday, June 16, 2015 9:00 AM 3. Interlocal Agreement - Maintenance and Use of Zora Kiosks and Trail Markers Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the Interlocal Agreement. 4. Resolution - Public Facilities Naming Policy Staff recommends that the Board approve the Resolution and authorize the Chair to sign the Resolution as reviewed and approved by the County Attorney. 5. Resolution - St. Lucie County Roadside Memorial Marker Policy Staff recommends that the Board approve the Resolution and authorize the Chair to sign the Resolution as reviewed and approved by the County Attorney. 6. Porpoise Beach Access - Exchange for Alternate Beach Access Property Staff recommends as previously directed in Resolution No. 2014-230, authorization for the Chair to execute the Agreements and direct staff to proceed with the due diligence necessary to exchange the properties. 7. Contracts for Sale and Purchase - San Lucie Plaza Drainage Improvement Project - James Murphy - Parcels 1428-702-0971-000-9 and 1428-702-0974-000-0 - 534 Decker Road, LLC - Parcel 1428-702-0976-000-4 Staff recommends that the Board accept the Contracts from James Murphy and 534 Decker Road, LLC, authorize the Chair to sign the Contracts and direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. 8. North Causeway Island - Lease Number 4744 - Board of Trustees of the Internal Improvement Trust Fund Staff recommends approval of Lease Number 4744, authorize the Chair to execute the Lease, direct staff to return the Lease to the Department of Environmental Protection for signature and record the Lease in the Public Records of St. Lucie County, Florida. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. ��i►AIL'%]i•1��i1���1�.i���1�1.T�� 4 1 P a g e Regular Meeting Tuesday, June 16, 2015 9:00 AM Budget Resolution — Environmental Education & Community Outreach Special Program funds Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Award of Bid No. 15-036, Baling Wire Staff recommends Board approval of Bid No. 15-036, Baling Wire to Accent Wire of Birmingham, Alabama, Cavert Wire of Rural Hall, North Carolina, Coastal Wire Company of Georgetown, South Carolina and L&P Wire Tie of Carthage, Missouri and authorization for the Chair to sign the contracts as approved by the County Attorney. 2. Removal of Fixed Assets from Inventory Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the Capital Asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Council on Aging, St. Lucie County Health Department, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector. 3. Request for Proposal (RFP) No. 15-030, Disaster Debris Monitoring Management and Consultant Services Staff recommends Board approval to award RFP No. 15-030, Disaster Debris Monitoring Management and Consultant Services, to Witt O'Brien's, LLC as the primary consultant and Thompson Consulting Services, Tetra Tech and True North Emergency Management, as the secondary consultants and authorization for the Chairman to sign documents as approved by the County Attorney. J. PARKS, RECREATION & FACILITIES 1. Waiver of Facility Rental Fees for the 8th Annual Back to School Expo Staff recommends the BOCC waive $3,345 in facility rental fees at the Havert L. Fenn Center for the 8th Annual Back to School Expo. 2. Waiver of Facility Rental Fees for the 2015 Chili Cook -Off Staff recommends the BOCC waive $9,750 in facility rental fees at the Havert L. Fenn Center for the 2015 Chili Cook -Off. 5 1 P a g E Regular Meeting Tuesday, June 16, 2015 9:00 AM K. L. M. 3. First Amendment to Backus Grant Agreement (C12-10-197) Staff recommends the BOCC approve the First Amendment to the Backus Gallery & Museum Grant Agreement (C12-10-497) and authorize the Chair to sign the document as drafted by the County Attorney. 4. Waiver of Facility Rental Fees for the Fort Pierce Police Department's Meet & Greet Event Add -On Staff recommends the BOCC waive $112.50 in facility rental fees at the Havert L. Fenn Center for the Fort Pierce Police Department's Meet & Greet Event. PLANNING & DEVELOPMENT SERVICES 1. Permission to Advertise - Amending the Code of Ordinances Pertaining to the Economic Development Impact Fee Mitigation Program Staff recommends that the Board grant permission to advertise for upcoming public hearings. 2. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Update Master Plan and ALP at St. Lucie County International Airport Project Staff recommends Board approval of Resolution accepting the attached FDOT JPA for the UPDATE MASTER PLAN AND ALP AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Acceptance of Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) for the Construct Customs Project Staff recommends Board approval of Resolution accepting the attached FDOT SJPA for the Construct Customs Project, and authorization for the Chair to sign documents as approved by the County Attorney. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. PUBLIC WORKS 1. Award Bid No. 15-040 - Lennard Road Connection to Bromeliad Circle Staff recommends Board authorization to award bid to Pav-Co Contracting Inc. in the amount of $505,098.73 for the Lennard Road Connection to Bromeliad Circle. Authorization for the Chair to sign documents as approved by the County Attorney. 6 1 P a g e Regular Meeting Tuesday, June 16, 2015 9:00 AM 2. Acceptance from the Board of County Commission for the Taylor Creek Restoration Dredging Phase 2 Project Staff recommends acceptance from the Board of County Commission for the Taylor Creek Restoration Dredging Phase 2 Project, release of liens and final payment to Dickerson Florida, Inc. 3. North 2nd Street Improvements - Construction Design Assistance Staff recommends Board approval of Work Authorization No. 6 with Taylor Engineering, Inc. for limited construction administration and design assistance connected with 2nd St. Reconstruction Project in the amount of $149,740.00, and authorization for the Chair to execute the contract as approved by the County Attorney. 4. Property Clean-up Special Assessment District Staff recommends Board authorization to advertise a public hearing for the Property Clean-up Special Assessment District to be held on August 4, 2015 at 6:00 p.m. or as soon thereafter as may be heard. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 7 1 P a g e Regular Meeting Tuesday, June 16, 2015 9:00 AM Indian River Estates Stormwater Project - Status Update - Grant Extension Request Add - On Staff recommends that the Board ratify staff's decision to delay issuing Notices to Proceed until the June 16 Board meeting. The requested extension by FEMA approval was finalized and received June 12, 2015. Staff recommends that the Board also rescind the award of the two bids; pay fair reasonable costs of mobilization of the two bidders as determined by the County Administrator; because the County competitively awarded the project to a private sector contractor and the contractor defaulted resulting in the County's termination of the contract, and because of the urgent grant deadline and potential loss of significant public funds and the funding source, direct staff to rebid the project using procedures under 255.20(1)(c), Florida Statutes with prequalified bidders and expediting the bid process (using written quotes). 11. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Regular Board meeting on July 7, 2015 at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold an Informal Meeting on July 14, 2015 at 9 am in Conference Room #3. 3. The Board of County Commissioners will hold a Regular Board meeting on July 21, 2015 at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN S■TkaL■(di 1 E COUNTY F L O R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting June 2, 2015 Convened: 6:00 PM Adjourned: 7:47 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 s _ Arrived Present 6:00 PM Paula A. Lewis Kim Johnson Present 6:00 PM Chris Dzadovsky Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:45 PM 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 Heather Young Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM 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 Sue Korunow Clerk to the Board Present 6:00 PM U) W Z W O J O W a a a Generated 611112015 4:17 PM Packet Pg. 9 Regular Meeting Tuesday, June 2, 2015 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, May 19, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery V. PUBLIC COMMENT (excluding Public Hearing items) John Arena, Fort Pierce - Spoke about going to Jaycee Park in the evening of Memorial Day. He performed his quarter -mile swim and when he returned to the beach his sandals were gone, so he had to ride his bicycle home barefoot. He spoke about how in 2013 almost 5000 mega watts of solar power were added to our electrical generating capacity compared to almost 7000 mega watts of natural gas generating capacity being added to our grid. He then spoke about how our cargo port has 415 foot ship's birth, which hasn't been used in more than 20 years and how it needs to be refurbished and utilized. Next he spoke on how lionfish from the Pacific Ocean have been released in the Atlantic by aquarium owners and how they can now be found in our Inlet and are now dining on our marine life, while at the same time they are being caught by fishermen and they are delicious. Marjorie Harrell, Fort Pierce - Spoke about the Juneteenth event which is America's second independence holiday for which they have planned a week and a half of activities at various venues around city. She spoke of how they are working with the Parks and Recreation Department and praised Matt Baum and Guy Medor stating they have really done a great job. She commented on the need for the County to find a way to allocate more funds to the Parks and Recreation Department's budget in order for them to do more things for the community. She said she would email the Commissioners the list of Juneteenth events. She noted there is one event they're not sure is going to occur due to the atmosphere of crime in the community. She mentioned the need to do something about the fact that there's nowhere for the young people to go, nowhere for even college graduates to go, which many times leads to crime. She noted that in order to complete all of their activities, they need an additional $300. Their fundraising efforts came up short and if anyone cared to contribute to the effort that would be appreciated. Commissioner Dzadovsky asked Ms. Harrell where someone would send sponsorship contributions to or how they could contact her regarding the Juneteenth events. After discussion it was decided the best point of contact would be for interested parties to contact Commissioner Dzadovsky's office at 772.462.1410 and they would put them in touch with Ms. Harrell or relay the message. Commissioner Johnson asked Ms. Harrell to list some of the events and their locations for the public. Ms. Harrell noted they will be announcing the event on the School Board Channel then listed several events as follows: 6/15 - Libation Ceremony behind the Library at the Waterfront - 10:00a.m - 1:00p.m 6/16 - Noonday Prayer w E- D z 2 w O J O o: a IL Q 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, June 2, 2015 6:00 PM 6/17 - Uncrowned Kings & Queens at the Lincoln Park Community Center William Abramowicz, 5708 Palm Drive, Indian River Estates, Fort Pierce - Came to comment on Item V1114. regarding the Indian River Estates Stormwater Improvements Phase II Bid Award which was moved to the Regular Agenda for discussion. He noted he had gone through the duration of having water installed in the neighborhood and at the time he had asked about wastewater because eventually they might come back and tear it up again but it wasn't done at that point. Then the storm water project came through and he's endured it. It seemed to have helped in his neighborhood, but the thing he'd like to say was that the streets in my neighborhood have been left in a deplorable condition and he's hoping the money they are approving tonight includes money for repaving Palm Drive. There are awful gouges in the road and the sides of the roads are deteriorating very badly. He feels they have to be made whole. He said he could've thrown a pipe in the swale and thrown dirt on it before they videotaped the project and he would have gotten a driveway but he didn't w do that. He was honest about it and he asked for the driveway but he didn't get it. He used to be able to drive Z through the ditch but now he has the deepest ditch on the block. Most of his neighbors have flat areas they 2 can just drive right onto the properties but he can't do that anymore. He used to be able to mow the lawn and o the ditch, but now he has to pay somebody to weed eat it because it's too steep to mow. He understands the Q "greater good" but feels he should be made whole by the paving of the road; patches aren't going to do it. If o you don't repave the road, five years from now the deterioration that's already occurred is going to get worse a and worse so he wants to make sure the money is already included in the project or if not, it's going to have to a - be eventually because it's in deplorable condition. They videotaped the road prior to the project, so they can see the condition of the road prior to the start of the project and if you don't have that I bring you pictures of a - the gouges in the road the equipment made. c Commissioner Lewis stated that she would look into the state of the budget for repaving on his behalf VI. PROCLAMATIONS APPROVAL There are no items scheduled. VII. PRESENTATIONS There are no items scheduled. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery Warrant List Numbers 31 & 33 3 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, June 2, 2015 6:00 PM B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Interlocal Agreement - Port St. Lucie Transit Shelters 2. Interlocal Agreement - Joint Library Services at IRSC Pruitt Campus D. COMMUNITY SERVICES 1. Invitation to Bid (ITB) No. 6 2. The ARC of St. Lucie County, Inc. - Funding Agreement 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. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION & FACILITIES 1. Juneteenth Black Arts & Cultural Festival 2. Integrated Security Systems K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS 4 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, June 2, 2015 6:00 PM There are no items scheduled. M. PUBLIC WORKS 1. Additions to Stormwater Capital Improvement Plan (CIP) - Culvert Replacements 2. Award of Bid No. 15-034 - Purchase and Installation of Guardrail 3. Fort Pierce Kidney Center Holdings, LLC — Conditional Acceptance 4. RES-2015-95 : Budget Resolution Indian River Estates Stormwater Improvements Phase II north & south bid award w This item was moved to the Regular Agenda for discussion per the County Attorney's z_ request. LL O N. SHERIFF'S OFFICE a O 1. Authorization to submit an electronic application for the 2015 Port Security Grant a a Q 2. Authorization to submit an application for the 2015 Edward Byrne Memorial JAG Grant O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. IX. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Reauthorizing the Levy of the Ninth Cent Gas Tax County Attorney provided background information on the ordinance regarding the reauthorization of the Levy of the Ninth Cent Gas Tax, noting it was an ordinance which was already in place and had been imposed in 1995. He explained the draft ordinance attached to the memorandum noting it is a user fee paid on gas and must be used for transportation expenditures only as defined in the statute. He stated even with the 5 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, June 2, 2015 6:00 PM authorization of this tax and any other Local Option Gas Tax, the transportation infrastructure needs of the County will exceed available revenues - there will not be enough money to do what needs to be done. During discussion it was noted the tax is clearly a user tax paid by any and all persons who pass through the county and fuel motorized vehicles in the county whether they are tourists, visitors, residents or passersby. The tax actually helps those who live in St. Lucie County residents by supporting the infrastructure needs of the County and in keeping the roads in good condition this enhances the safety of the county's residents. Once again a reminder was given that the tax was not a new tax and already in place. County Administrator noted the tax that comes to the County is not used solely in the unincorporated areas, it is used throughout the County, including Cities using this funding source. Staff recommended the Board adopt the Ordinance and authorize the Chair to sign the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax County Attorney provided background information on the ordinance regarding the reauthorization of the Levy for the Local Option Fuel Tax, noting this is an Ordinance already in place explaining the two separate taxes and the fact that the original draft ordinance was designed with the idea the County would enter into an Interlocal Agreement with the City of Port St. Lucie and potentially other municipalities to distribute the tax. He explained the past distribution formula for the taxes and the purpose for the proposed changes to the Ordinance. The Interlocal Agreement was presented to the City of Port St. Lucie Council for approval, but the majority of the Council did not approve the Agreement. The options available to the County now need to be further explored. One option now believed to have been discovered is a deadline change on the execution of the Interlocal Agreement. After contacting the Department of Revenue it was determined the previously supposed deadline of June 1, 2015 was found to be incorrect and it has been confirmed additional time is available to negotiate the agreement, at least until July 1, 2015. This will give County Administrator and other related staff time to attempt to move the agreement back on track. They will also investigate other options during this time which will require further exploration and their implications before moving forward. From that perspective the recommendation to the Board was to defer action on the Ordinance to allow more time to attempt further negotiation of an Interlocal w z LL 0 J Q 0 a a Q 6 1 Packet Pg. 14 Regular Meeting Tuesday, June 2, 2015 6:00 PM Agreement, look at other options and gather more factual information. Staff recommends the Board continue the Public Hearing to the July 7, 2015, 6:00 P.M. meeting and not taking no action at this point. Commissioner Mowery brought the subject of Item XA and the conflicting dates which seem to be confusing. County Attorney explained although they have received additional time to negotiate the Interlocal Agreement if that Interlocal is not adopted by June 1st the County must adopt a notice of Intent to Levy by June 10th. This is something that just has to be put in place due to no knowing what will happen. Although we are hopeful the Interlocal will be w successfully executed, we have to protect the County's options by levying the tax and Z use the statutory formula perhaps for a limited number of years, not for 30 years but for some limited number of years. We need to make sure we comply with the statutory U- requirements which appear to require we adopt a Resolution of Intent before June 10th. a It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson, to a defer action on this item to the Tuesday, July 7, 2015 at 6:00 P.M. Meeting or as soon a thereafter directing staff to negotiate an Interlocal Agreement, and; upon roll call, motion carried unanimously. a RESULT: CONTINUED Next: 7/7/2015 6:00 PM PLANNING & DEVELOPMENT SERVICES Sunset Beach PUD - Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan Senior Planner provided background information and a presentation on the Sunset Beach PUD Major Adjustment to the Preliminary PUD Site Plan. The proposed changes to the site plan include: - An increase in the size of land to be developed from 29.15 acres to 34.22 acres due to the change in location of the mean high water line - The reduction of one (1) single family residential lot - The re -location of the access road to directly cross the water body known as Joe's Pond in order to reduce previous approved wetland impacts - The re -location of the common recreational amenity towards the center of the project. The proposed site plan adjustment results in a project with fewer wetland impacts, one less single family residential lot, and a common recreation amenity that is closer in proximity to the residents. Staff recommended adoption of a Resolution granting approval for a Major Adjustment 7 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, June 2, 2015 6:00 PM to Preliminary Planned Unit Development (PUD) Site Plan for the project known as Sunset Beach PUD with two new conditions not included in the proposal which pertain to the final PUD Site Plan. Those conditions are as follows: - The final PUD site plan shows that a paved North of the South vehicular driveway be extended northward to the common property line with the stabilized grass surface level that will provide a secondary ingress/egress for emergency purposes - The final PUD shows a 20 foot wide maintenance easement from the north -south driveway to the easternmost toe of the dune for dune maintenance purposes. Commissioner Dzadovsky commented on the issue of connectivity regarding access into the property. He asked that the applicant look into providing a secondary access route Z into the property in the event of an emergency and the proposed entrance being blocked. He asked that the following items be addressed: 0 J Q - Limited parking availability for both residents and visitors - Where will the parking and 0 excess parking be located a - a. Q - Who pays for flushing, and maintaining culverts; if they should fail, who would replace a - HOA documents reflect commitment to maintaining the dunes and renourishing the o beach outside of their specific properties and if they maintain the culverts. Ask for this 10 LO to be in the HOA documents also - Drainage - how will this going to be dealt with - Pervious Pavers to allow water to drain through the driveways instead of dumping directly into the impaired waters of the Lagoon - Future access to the North but minimize the number of crossovers into the swamps and wetlands Senior Planner thanked the Commissioner for the comments adding they are at the preliminary PUD stage which is really a conceptual level and are developing conditions and the final PUD will require the details necessary for completion. He then addressed some of the site plan questions and stated the ERD Senior Environmental Planner would then address the wetland and culvert questions. He reviewed the current amount of parking spaces and agreed to review the plan and provide more off street parking which would be accessible for each of the residents. Senior Environmental Planner pointed out the connection to the north where they added a condition of approval requiring stabilized grass for emergency purposes only. She confirmed the applicant has agreed to provide this condition. To the south a new condition was created requiring a stub -out be created for smaller parcels to the south where previously a 5 single family lot subdivision was located. Regarding the maintenance of the flushing culverts and dune area they have included a condition of 8 1 P a g e IPacket Pg. 16 Regular Meeting Tuesday, June 2, 2015 6:00 PM approval requiring an escrow account by the HOA or the POA to reserve money to address any of those issues if a storm event affects the dune. The culvert issue is not in it but it is something they can add and it can be addressed within the escrow account as well. Commissioner Dzadovsky asked about memorializing the restoration of the dunes and the possibility of a MSBU for all the properties along the area because it was difficult in the past to get owners to pay for the cost of such restoration. Commissioner Hutchinson stated she did not believe legally the Commission had the ability to commit anyone to a MSBU which was not in existence. There is a process w which has to be followed and they have to have the ability to vote. Legally you have to z have an actual MSTU/MSBU in place before you could make any type of action such as this. U_ O J Commissioner Dzadovsky stated he was trying to raise the consciousness of the o developer and any other future developers that are coming along that section in the a future. It's a proactive approach going forward allowing homeowners to protect their Q property. Senior Environmental Planner added a possible solution to these comments. The ERD has a Dune Restoration and Maintenance Plan which is part of the package for approval and they can add a condition requiring that plan be included in the HOA documents so owners are aware of the maintenance requirements associated with that plan. The Board agreed this would be an acceptable solution to this item. Commissioner Mowery brought up the issue of the connectivity again and asked the applicant to review the site plan from a trash collection standpoint. He wanted to know how Waste Management will feel about going to the north and having to back up their vehicle to the "T" turnaround and whether or not they are going to want something else put in place such as a dumpster provision for the project. He feels it's important that the sites be configured in a manner which would allow for this type of beach access so the correct improvements and any type of required work can be provided for in a reasonable accommodation. At this time Commissioner Lewis announced the item was a quasi-judicial public hearing and asked if there were any disclosures from the Board. Commissioners Dzadovsky, Hutchinson, Johnson, Lewis and Mowery all disclosed they has spoken to staff on the topic but did not recall having had any discussions with persons other than staff. PUBLIC COMMENTS: Greg Boggs, Boggs Planning and Landscape Architecture and Representative for the 9 1 P a g e Packet Pg. 17 Regular Meeting Tuesday, June 2, 2015 6:00 PM C. applicant spoke on behalf of the applicant stating the Boards' comments were excellent and he did not feel there was anything they couldn't handle. Through the final development process they will address as many of the comments as they can. He will meet with the applicant Wednesday so they can proceed with the changes and return the revised drawings to staff for Board approval. He then asked of the Board had any questions for him. Commissioner Dzadovsky referred to the parking issue and asked that they address that it their revisions and Mr. Boggs stated they will do the best they can. Commissioner Johnson asked about the dumpster access and possibly having the area widened. Mr. Boggs stated they can widen it north to south but not east to west due to the wetlands restrictions. Senior Planner stated staff will get a letter of site plan approval from Waste Pro/Waste Management and bring that forward to the Board for review at the time of final site plan review and approval. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson, to approve a Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan for the project known as Sunset Beach PUD with two new conditions not included in the proposal which pertain to the final PUD Site Plan as follows: 1.) The final PUD site plan shows that a paved North of the South vehicular driveway be extended northward to the common property line with the stabilized grass surface level that will provide a secondary ingress/egress for emergency purposes 2.) The final PUD shows a 20 foot wide maintenance easement from the north -south driveway to the easternmost toe of the dune for dune maintenance purposes, and; upon roll call, motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery PUBLIC WORKS 1. Resolution - Meadowood Street Lighting District Annual Assessment Resolution MSBU Project Manager provided background information on the need for the increase in the annual assessment and explained the formula for calculating estimated cost to provide street lighting services to the District. Noting the proposed annual assessment amount to be levied on the November 2015 tax roll would be $70.44 per parcel with the maximum amount to be levied on future tax rolls as $77.48 without requiring additional notice and a public hearing. Staff recommended Board approval of the Meadowood SLID Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County in w F_ z LL 0 J 0 W a a a 10 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, June 2, 2015 6:00 PM Attorney. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Resolution - Southern Oaks Street Lighting District Annual Assessment Resolution MSBU Project Manager provided background information on the need for the increase in the annual assessment and explained the formula for calculating estimated cost to provide street lighting services to the District. Noting the proposed annual assessment amount to be levied on the November 2015 tax roll would be $68.57 per parcel with the maximum amount to be levied on future tax rolls as $75.43 without requiring additional notice and a public hearing. Staff recommended Board approval of the Southern Oaks SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. RESULT: APPROVED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Resolution - Palm Grove SLD Annual Assessment Resolution MSBU Project Manager provided background information on the need for the increase in the annual assessment and explained the formula for calculating estimated cost to provide street lighting services to the District. Noting the proposed annual assessment amount to be levied on the November 2015 tax roll would be $37.80 per parcel with the maximum amount to be levied on future tax rolls as $41.58 without requiring additional notice and a public hearing. Staff recommended Board approval of the Palm Grove SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. In discussion regarding the Lighting Districts, Commissioner Dzadovsky suggested due to the number of Lighting Districts within the County perhaps it would be a good time to review all Districts in FPL and FPUA and discuss the idea of creating an opportunity to upgrade to LED lighting which would reduce their electric costs over a period of time and perhaps provide better lighting for those communities as well. He asked staff to look in to this option for the future to help residents. w z 0 J Q 0 a a Q 11 1 Packet Pg. 19 Regular Meeting Tuesday, June 2, 2015 6:00 PM 10 RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery REGULAR AGENDA A. COUNTY ATTORNEY 1. Local Option Gas Tax Resolution - Notice of Intent to Levy w County Attorney recapped the background information regarding the need for the Local Z Option Gas Tax Resolution - Notice of Intent to Levy as discussed in Item IXA2. He noted this item is done in an abundance of caution due to the statutory section requirements. p The Resolution sets out the parameters as the Ordinance does; the duration of the tax a would be established in the Ordinance imposing the tax. By adopting the Resolution first p the Board would not be adopting the tax they are just stating they are intending to go a - forward with the action; secondly, they are making it clear they have not established a a duration of the tax, that also will be done in the actual Ordinance if adopted. s Staff recommended the Board approve the resolution and authorize the Chair to sign the resolution. Commissioner Hutchinson stated since she is aware of a consensus within the Board to work with the Cities of Port St. Lucie and Fort Pierce, she was comfortable adopting this Resolution is the right thing to do and she made a motion to approve the Resolution. RESULT: APPROVED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Budget Resolution - Indian River Estates Stormwater Improvements Phase II Bid Award This item was moved from the Consent Agenda per request of the County Attorney. County Attorney provided background information on the bid award, FEMA Grant status and FEMA's impending certification and completion deadline. He noted the County has already acquired 3 extensions for the project due to the bankruptcy and default by the contractor. The contractor was unable to complete the job and the County has been working under emergency conditions with a bonding company trying to and get the work completed by the July 30th deadline. The bonding company has requested the County attempt to receive another extension from FEMA although from staff's perspective approval is unlikely to happen. Due to the request, the consensus is, it would be a proactive action to request the additional extension. Under emergency conditions normal schedules are accelerated and overtime is required causing higher 12 1 Page Packet Pg. 20 Regular Meeting Tuesday, June 2, 2015 6:00 PM than anticipated labor fees as well as having to pay premium prices for all contractor services. The bids they received are much higher than the original estimate. Staff recommended Board approval of contract award to Johnson -Davis, Inc. In the amount of $871,420 for completion of the North Section and contract award to PRP Construction in the amount of $1,017,412 for completion of the South Section of Indian River Estates Stormwater Improvements Phase II and attached Budget Resolution. Authorization for the Chair to sign documents as approved by the County Attorney. Authorization for the County Administrator to execute the two (2) work authorizations for Construction Management Services for an amount not to exceed $100,000 each. This award is subject to confirmation from FEMA that they will not extend the grant past July 30, 2015. County Attorney referred to the public comment request for repaving of Palm Drive; he stated that the repaving is currently not included in the base bid but he recommended staff add the repaving of the road to the project. Commissioner Hutchinson requested that staff's letter to FEMA requesting an extension on the project request their written letter response include a "date certain" for a response. County Attorney agreed this would be a good idea so the Board will know what action should be taken moving forward. County Engineer provided the timeline for the Board stating 1 week would be the latest start date for the project to allow contractors time to meet all certification and completion deadlines by July 30th. Commissioner Mowery stated he had difficulty spending $1 million additional money on a project. If the County is able to acquire an extension they should request the correct extension of 90 days which would allow staff to bid the project and get correct bids. If we remove the emergency status of the project the cost will go back down to the original estimated pricing. He requested staff engage the assistance of Legislators with FEMA to obtain the additional extension. Commissioner Dzadovsky did not disagree with Commissioner Mowery yet he feels staff had come up with a solution to move forward as quickly as possible in light of the options provided. His biggest concern is losing $4 million. He feels spending $1.6 million is better than having to pay $6 million back to FEMA for not meeting the July 30th completion deadline for the project. He summarized the proposed options as follows: - Ensure an opportunity to rebid the project is given w F_ z LL O J O W a a a 13 1 P a g Packet Pg. 21 Regular Meeting Tuesday, June 2, 2015 6:00 PM - Letter written to FEMA will include request for written documentation from FEMA which includes a "date certain" requirement for a response from them - If a response is not received from FEMA by that 7-Day window staff moves forward with Budget Resolution as proposed - If a response is received from FEMA stating we have received an extension all proposed bids are discarded and the project will be rebid appropriately Commissioner Hutchinson requested if FEMA grants an extension of 90 days the Board ensure the project move forward in a timely manner due to the length of time it has already taken to move the project to this point. She asked they shorten the bidding LU process. D z Commissioner Johnson reiterated the urgency for the need to complete the project due p to hurricane season and the threats it could impose to the improvements already Q completed. > 0 o: a Commissioner Mowery felt staff needed to make an urgent plea to their Legislators for a. assistance with the matter. County Engineer was asked if that had been done and he stated it was something which had just arisen and had not been done. He also noted it was not an action the Engineering Department normally pursued. Further discussion had Commissioner Hutchinson summarizing as follows: - Direct staff to put the request as discussed to FEMA on Wednesday - Make a phone call to the County's lobbyist in Washington on Wednesday requesting he move on it immediately by making meetings or phone calls immediately to our delegation along with a request to FEMA These things will be in motion within a weeks' time and staff will have a response from FEMA by that time. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson, to follow staff recommendation with the addition of a 7 day waiting period between 6/2/15 and 6/9/15 to receive an extension from FEMA or the knowledge that no extension will be offered to the County, if that is not done staff will move forward with staff recommendation. If FEMA does provide the County with an extension, the existing bids will be null and void and the project will be rebid with a limited time frame of 30 days to select a vendor, and; upon roll call there were four votes in favor of the motion; one against, motion passed. 14 1 Packet Pg. 22 Regular Meeting Tuesday, June 2, 2015 6:00 PM RESULT: ADOPTED [4 TO 11 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Frannie Hutchinson NAYS: Tod Mowery XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Meeting on June 9, 2015 at 9 am in Conference Room #3. w 2. The Board of County Commissioners will hold a Regular Board meeting on June 16, 2015 at gam Z in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 0 Virginia Avenue, Fort Pierce, FL. Q O XII. MOTION TO ADJOURN a a a There being no further business to be brought before the Board, the meeting was adjourned. E 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. 15 1 Packet Pg. 23 ITEM NO. RES-2015-97 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: 06/16/2015 *PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution proclaiming June 18, 2015 as "National Dump the Pump Day" in St. Lucie County, Florida. It has been requested that this Board proclaim June 18, 2015 as "National Dump the Pump Day" 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 6/10/2015 Packet Pg. 24 6.a RESOLUTION A RESOLUTION PROCLAIMING JUNE 18, 2015 AS "NATIONAL DUMP THE PUMP DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. June 18, 2015 marks the 10th annual "National Dump the Pump Day" as a day that encourages people to ride public transportation, as public transit powers community growth by driving economic development and revitalizing neighborhoods. 2. Every $1 invested in public transportation generates approximately $4 in economic returns. 3. Public transportation is a $61 billion industrythat puts people to work - directly employing nearly 400,000 people and creating hundreds of thousands of private sector jobs. 4. Nearly 60 percent of public transit trips are work commutes. 5. People who ride public transportation can save, on average, more than $9,394 per year, based on today's gas prices, the cost of owning a car and the average unreserved parking rate. 6. US public transportation use saves 4.2 billion gallons of fuel annually. 7. Public transportation use in 498 urban areas in the United States saved 865 million hours annually in travel time and 450 million gallons of fuel; and without public transportation, annual congestion costs would have risen by nearly $21 billion from $121 to $142 billion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby proclaim June 18, 2015 as "National Dump the Pump Day" in St. Lucie County, Florida. St. Lucie County will participate in the 101h Annual "Dump the Pump Day" to further encourage people to ride public transportation on June 18, 2015. NOW, THEREFORE, ALSO BE IT RESOLVED that this Board declares that by using public transportation, people save money, help the environment and improve America's quality of life. NOW, THEREFORE, ALSO BE IT RESOLVED that where public transportation goes, communities grow and prosper. PASSED AND DULY ADOPTED this 16th day of June 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 25 05/22/15 FZABWARR FUND TITLE 001 001457 001458 001512 001534 001538 001550 001560 001561 001562 001563 001565 001566 001567 001568 101 101001 101002 101003 101004 102 102001 102114 105202 107 107001 107002 107003 107005 107006 107181 107185 129 130 130102 130114 140 140001 160 183 183004 183006 185015 188 189109 190 218 273 ST. LUCIE COUNTY - BOARD WARRANT LIST #34- 16-MAY-2015 TO 22-MAY-2015 FUND SUMMARY General Fund FCTD Planning Grant EMPA 2015 Neighborhood Stabilization Program Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning Dept of Trans Safe Routes to School Homeland Security Subgrant Issie 15 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 State Aid to Libraries FY 2015 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology SCAAP 2013 Edward Byrne Law Enf Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA 5307 FY 2013 Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2014-2015 Bluefield Ranch Improvements Home Consortium 2013 Sports Complex Fund Transportation-I&S SHI Special Assessment Bond EXPENSES 166,300.85 94.50 1,015.40 175.67 6,774.02 16,307.00 5,399.91 2,025.00 924.00 9,370.00 0.00 10,734.07 10,989.33 2,354.50 0.00 0.00 0.00 48,367.33 2,246.84 0.00 2,698.22 47,366.23 550.72 5,417.26 74,750.98 23,492.04 0.00 4,318.46 9,294.75 18,827.10 27,451.50 37,159.00 10,200.00 0.00 741.56 0.00 2,882.47 148.80 5,531.97 3,530.00 1,191.00 16,180.15 0.00 3.57 0.00 21,312.71 15,000.00 4,187.00 PAGE PAYROLL 516,776.80 195.08 0.00 0.00 1,113.97 1,823.42 0.00 10,042.85 955.08 0.00 1,231.78 353.50 369.68 2,217.21 458.61 33,451.31 1,341.60 46,769.82 15,175.90 16, 973.59 55,594.15 11,654.29 6,459.50 0.00 153,843.80 1,029.23 1,029.23 0.00 0.00 11,271.94 0.00 0.00 0.00 2,212.06 0.00 1,151.20 10,485.05 0.00 5,320.73 3,557.35 3,275.73 0.00 526.23 0.00 1,009.29 23,731.63 0.00 0.00 Cn H QZ OC 107 Packet Pg. 26 05/22/15 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR FUND TITLE WARRANT LIST #34- 16-MAY-2015 TO 22-MAY-2015 FUND SUMMARY 310001 Impact Fees -Library 310006 Impact Fees -Transportation 316 County Capital 316001 5th Cent Fuel -Capital 318 County Capital -Transportation Bond 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 12,166.65 28,320.15 21,119.50 6,215.00 632,071.50 439,436.45 20,451.01 314.17 0.00 3,539.41 0.00 22,345.00 108.92 75,658.34 16,808.05 0.00 0.00 575.68 52,183.70 1, 946, 627.44 PAYROLL 0.00 0.00 0.00 0.00 0.00 70,614.72 15,701.49 6,438.29 679.04 9,155.39 1,292.70 1,278.39 29,765.61 0.00 2, 633.69 2,726.45 2,490.41 0.00 0.00 1,084,177.79 Cn H Qz oC Q 108 F Packet Pg. 27 05/29/15 FZABWARR FUND TITLE 001 001457 001538 001560 001562 001563 001566 001567 101 101002 101003 101004 102 102001 102813 107 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 130 130105 130114 130115 130119 130120 130217 130218 136 138 139 140 150 160 183 183001 183004 184217 ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 23-MAY-2015 TO 29-MAY-2015 FUND SUMMARY General Fund FCTD Planning Grant HUD Neighborhood Stab 3 Section 112/MPO/FHWA/Planning Homeland Security Subgrant Issie 15 HUD CDBG FY 2013 HUD Shelter Plus Care Grant DHS - CSBG FY 2015 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Fine & Forfeiture Fund F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA 5307-2 2009 Cap & Oper FTA 5307 FY 2013 FTA 5309 VTCLI-II FY14 FTA 5307 FY13 FTA 5311 FY 2015 FCTD Trip & Equip 2015 FDOT Block Grant FY 2015 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court S SLC Beach Rest 13SL1 EXPENSES 131,100.61 56.94 25.42 20,468.96 329.77 10.49 68.86 2,568.90 33,486.45 1,456.36 1,004.72 12,049.61 959.44 7,422.75 5,775.65 106,167.22 2,756.00 3,257.52 751.77 232.63 567.77 622.51 142.51 842.55 225.51 1,054.46 390.17 156.68 503.53 625.02 160,516.93 4,311.00 21,285.57 336.00 3,384.20 8,600.27 29, 087.00 115,988.66 2,306.21 315.96 970.81 62.76 776.25 773.21 3,850.35 160.00 1, 862.94 9, 198.14 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cn H QZ OC 76 Packet Pg. 28 05/29/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #35- 23-MAY-2015 TO 29-MAY-2015 FUND SUMMARY FUND TITLE 185015 FHFC SHIP 2014-2015 189110 Home Consortium 2014 189203 Hardest Hit fund Advisor Services 190 Sports Complex Fund 191 SLC Sustainability District 310001 Impact Fees -Library 316001 5th Cent Fuel -Capital 318 County Capital -Transportation Bond 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 650 Agency Fund GRAND TOTAL: 35.42 50, 000.00 10.49 8, 999.06 10.63 2,256.97 498,168.38 3,072.50 57,308.92 10,344.21 135.62 3, 995.85 245.65 1,054,296.85 4,281.66 3,556.32 6,583.00 3,353.35 2,405,521.92 PAGE 2 I V.�_0.Ze]1@6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 11Z5NIN0. ; Cn I- Qz oC Q 77 Packet Pg. 29 06/05/15 FZABWARR FUND TITLE 001 001457 001534 001538 001560 001561 001563 001565 001566 001567 001568 101 101001 101002 101003 101004 102 102001 102114 105202 107 107001 107002 107003 107006 130 130102 130119 130217 140 140001 150 160 183 183004 183006 185014 185015 187 189109 189110 190 221 310001 310002 316 318 37008 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 30-MAY-2015 TO 05-JUN-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/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment State Aid to Libraries FY 2015 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 SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA 5307 FY13 FCTD Trip & Equip 2015 Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2013-2014 FHFC SHIP 2014-2015 Boating Improvement Projects Home Consortium 2013 Home Consortium 2014 Sports Complex Fund Capital Imp. Rev Bonds 2015 Impact Fees -Library Impact Fees -Parks County Capital County Capital -Transportation Bond Jenkins Park/Starcher MSBU EXPENSES 449,620.26 0.00 237.53 0.00 34.09 897.19 0.00 416.00 57.50 2,820.31 1,785.60 2,596.49 768.50 17,431.97 12,227.67 7,438.78 7,464.78 3,717.69 1,546.31 13,496.94 192,251.44 11,367.59 0.00 32,355.54 6,880.68 8, 627.04 2,477.42 0.00 12,705.00 2,833.11 11,083.25 125.00 0.00 809.41 1, 972.00 340.00 750.00 0.00 7,170.00 0.00 0.00 44,858.11 22,500.00 669.61 86,750.00 23,622.50 72,861.84 212.00 PAGE 1 PAYROLL 552,516.65 375.67 496.47 1,936.91 9,294.08 1, 928.91 1, 128.99 407.16 425.28 2,783.32 412.14 33,457.48 1,341. 60 46,216.20 16,231.78 16,585.55 55,842.90 12,135.77 5,340.93 0.00 213,667.47 1,029.23 1, 029.23 0.00 11,271.94 18.46 5,271.05 3,852.50 0.00 10,906.90 0.00 0.00 3,097.02 3,557.35 3,275.73 0.00 0.00 579.12 0.00 434.47 511.23 22,763.31 0.00 0.00 0.00 0.00 0.00 0.00 Packet Pg. 30 06/05/15 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #36- 30-MAY-2015 TO 05-JUN-2015 FUND SUMMARY FUND TITLE 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 655 Insurance Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 125,220.92 5,481.09 12,134.29 0.00 9, 546.95 0.00 0.00 204.98 232,350.15 744,991.94 0.00 0.00 21,544.91 76,964.26 86,827.30 2,381,045.94 75,868.01 17,069.38 6,438.44 679.11 9,155.29 1,252.45 1,318.52 28,332.61 0.00 2,633.69 2,696.45 2,487.61 0.00 0.00 0.00 1,188,054.36 Cn H Qz OC Q Packet Pg. 31 8.C.1 ITEM NO. (ID # 2785) TO: PRESENTED BY: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY Animal Control Ordinance Amendments - Permission to Advertise BACKGROUND: The Animal Shelter Committee has completed its review of the current animal control ordinances and is recommending a number of amendments to the ordinance. The Committee's recommendations include the following: A. Update dangerous dogs requirements to conform to statutory amendments B. Amend animal care requirements to add restrictions on tethering and outdoor enclosures. C. Create aggressive animal registration requirements D. Create registration and care requirements of guard dogs The attached ordinance incorporates the amendments proposed by the Committee. PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners grant permission to advertise the proposed Ordinance for public hearing on July 21, 2015 at 9:00 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: Packet Pg. 32 8.C.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 6/3/2015 Updated: 6/10/2015 1:33 PM by Kelly Phelan A Page 2 Packet Pg. 33 8.C.1.a ORDINANCE NO. 15- AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS" OF THE CODES OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 6-19 (DEFINITIONS) TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 6-23 (DANGEROUS DOGS) TO INCORPORATE STATUTORY AMENDMENTS; AMENDING SECTION 6-26 (ANIMAL CARE) TO ESTABLISH REQUIREMENTS REGARDING TETHERING, TRANSPORTATION OF ANIMALS AND ANIMALS LEFT UNATTENDED IN VEHICLES; CREATING SECTION 6-33 (AGGRESSIVE ANIMALS); CREATING SECTION 6-34 (GUARD DOGS) ESTABLISHING REQUIREMENTS FOR GUARD DOG PERMITS AND CONDITIONS FOR USE AND CARE OF GUARD DOGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, Chapter 6 (Animals) of the St. Lucie County Code of Ordinances and Compiled Law (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and WHEREAS, Section 6-26 (Animal Care) establishes general standards for the care and treatment of animals; and, WHEREAS, in recognition of the important role animal shelters provide in caring for unwanted and neglected animals which have been surrendered by their owners, seized by animal control agencies or found as strays in the community, the Board of County adopted Resolution No. 12-058 on June 12, 2012 to create the Animal Shelter Standards Committee; and, WHEREAS, pursuant to further direction of the Board, the Animal Shelter Standards Committee has reviewed Chapter 6 (Animals) and recommended to the Board of County Commissioners certain amendments to incorporate statutory changes regarding dangerous Q dogs, amending manner of keeping requirements, establishing standards for registering aggressive animals, and establishing registration and care for guard dogs. U r NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: r 1 Q Packet Pg. 34 8.C.1.a PART A. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 6-19 (DEFINITIO Sec.6-19. Definitions. TO ADD THE FOLLOWING DEFINITIONS: ********************************* Aggressive animal means any animal that according to the County records or the records of any other governmental agency has: a. When unprovoked. severelv iniured or killed a domestic animal while off the owner's property; b. Been used primarily or in part for the purpose of dog fighting or is a dog trained for fighting, and is determined by a neutral dog trainer or licensed veterinary behaviorist to be aggressive to other domestic animals or people; C. When unprovoked, been involved in an attack that does not result severe injury or death of a Derson: or d. In the opinion of an Animal Control Officer or law enforcement officer, the animal posed a threat to the safety and welfare of the community. Animal rescue oraanization means a humane societv. animal welfare societv. societv for the prevention of cruelty to animals, or other such not -for -profit corporation or other legal entity devoted to the welfare, protection. and humane treatment of dORS. cats, or other animals, that is duly registered with the Florida Department of State and the Florida Department of Agricultural and Consumer Services, as applicable, and with the appropriate authority in the jurisdiction with which the organization is headquartered. Dangerous dog means any dog that according to the County records or the records of any other local government: a. Has aggressively bitten, attacked, or endangered or has inflicted severe injury of a human being on public or private property: b. Has more than once severely injured or killed a domestic animal while off the owner's property; or, C. Has, when unprovoked, chased or approached a person upon the streets, i`6 sidewalks, or any public grounds in a menacing fashion or apparent attitude of R attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the Division. a is Guard Dog means any type of dog used for the purpose of defending, patrolling or protecting Go property or life at any nonresidential establishment or which resides on the nonresidential property. The term "guard dog" shall exclude any stock dogs used primarily for handling and E controlling livestock or farm animals. 2 a Packet Pg. 35 8.C.1.a Guard dog service means any person, business, or corporation that trains, sells, rents, or leases guard dogs for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in the unincorporated areas of St. Lucie County. Heat index is the measure of how hot it feels when the relative humidity is added to the actual air temperature. Proper enclosure of a dangerous dog means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of vounR children and desiizned to prevent the animal from escapiniz. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over. under. or through the structure and shall also provide protection from the elements. Severe iniury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. Tethering means a rope, chain, or similar restraint for holding an animal in place, allowing a short radius in which it can move. Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. PART B. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY AMENDING SECTION 6-23 (DANGEROUS DOGS) AS FOLLOWS: Sec. 6-23. Dangerous dogs. (a) Adeptien of F.S. SeetieRs 767.' n thr^„^"'6" ^. The provisions of F.S. Sections 767.10 through 767.14, and all subsequent amendments regulating dangerous dogs, as defined in F.S. Section 767.11(1), are adopted by reference and incorporated herein and shall apply to the unincorporated areas of the county. (b) €eg The annual fee for issuance of dangerous dog certificates of registration shall be established by resolution of the board of county commissioners. (c) Classification. (1) The public safety director shall investigate reported incidents involving any dog that may be dangerous, as defined in F.S. § 767.11(1), and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or a is enforcement officer, desiring to have a dog classified as dangerous. Any dog that is the subject of a dangerous dog investigation that is not impounded by the county shall be humanely and Go safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The E address of where the animal resides shall be provided to the public safety director. No dog that a 3 a Packet Pg. 36 8.C.1.a is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership. (2) The public safety director shall classify any dog as a dangerous dog in the event he determines that the dog: a. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on human being on public or private property; b. Has more than once severely injured or killed a domestic animal while off the owner's property; C. u-,r- he-e-P ed r, ri1Y a r+ fer the r, of deg fightiRg r degtF+IRI,.J fer deg fightimg, l,r d- Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided such actions are attested to in a sworn statement by one (1) or more persons and investigated by the public safety director. (3) A dog shall not be declared dangerous if either of the following has occurred a. The threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member=;or, b Ne deg may be declared dangerous ;f The dog was protecting or defending a h„M-ap h^i^rt person within the immediate vicinity of the dog from an unjustified attack or assault. (4) The following procedures shall be followed in the investigation of a dangerous dog complaint: a. If possible, the owner of the animal being investigated shall be C interviewed. Any person and/or witness desiring to have a dog _ classified as dangerous shall submit an affidavit to the Division. o b. A dog that is the subject of a dangerous dog investigation that is not o L impounded by the Division shall be humanely and safely confined by the o owner in a secured fenced or enclosed area and shall be subject to any reasonable restrictions placed thereon by the Division pending the outcome of the investigation and resolution of any hearings related to a the dangerous dog designation. C. The address of where the dog resides shall immediately be provided to 7 the Division. CO r d. No dog that is the subject of a dangerous dog investigation may be a relocated nor may ownership be transferred pending the outcome of an r 4 a Packet Pg. 37 8.C.1.a investigation and/or any hearings related to the determination of a dangerous dog declaration. (5) After the investigation, the public safety director shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The public safety director shall provide written notification of the sufficient cause finding to the owner by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process. (6) The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. (d) Administrative hearing process for dangerous dog appeal. (1) Upon receipt of an owner's timely request for an administration hearing, a hearing shall be scheduled within twenty-one (21) calendar days, but no sooner than five (5) calendar days after receipt of the request from the owner. (2) A notice of hearing shall be sent by first class mail or certified hand delivery to the named appellant at his/her last known address. The notice of hearing shall include the following: a. Place, date and time of hearing. b. Right of the owner to be represented by an attorney; and C. Right of the owner to present witnesses and evidence. 3) A hearing date shall not be postponed or continued unless a request for c continuance, showing good cause for such continuance, is received in writing by the Division at E least five (5) calendar days prior to the date set for the hearing. a a� (4) All hearings shall be open to the public. Assuming proper notice is achieved, a hearing may proceed in the absence of the owner. (5) The hearing shall be recorded and may be transcribed at the expense of the 0 party requesting the transcript. All testimony shall be under oath. o (6) The hearing shall not be conducted in accordance with the formal rules relating c to evidence and witnesses. Any relevant evidence shall be admitted if the public safety director v finds it to be competent and reliable, regardless of the existence of any common law or E statutory rule to the contrary. a (7) Each party shall have the right to call and examine witnesses; to introduce is exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach any witnesses regardless of which party first called the witness to testify; and to rebut the evidence against him/her. 0) 5 a Packet Pg. 38 8.C.1.a 8) The public safetv director shall make findines of fact based on the evidence of record. In order to uphold the dangerous dog determination, the public safety director must find that a preponderance of the evidence supports the determination. a. The public safety director shall have the power to adopt procedures for the conduct of hearings, subpoena owners and witnesses for the hearings, subpoena evidence, take testimony under oath, and assess and order the payment of administrative costs. b. The fact finding determination of the public safety director shall be limited to whether one or more of the criteria listed in Subsection 6-23(a)(1) were met. Based upon this fact finding determination, the public safety director shall either affirm or reverse the sufficient cause findings of the Division. C. If the decision of the public safety director is to affirm the Division's decision, then the owner shall be responsible to pay the administrative costs of the hearing. The owner shall also be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. (e) The owner may appeal the public safety director's findings by filing a written request for a hearing in the county court for St. Lucie County, Florida, within ten (10) business days after the receipt of the written notification of the aeeressive animal classification. (clmf) QG55if46GtieR 4 dGg ^S dGnger-e .s—AppeGT If a dog is classified as a dangerous dog pursuant to this section, the public safety director shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in county court in St. Lucie County to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. (ef) R,gistr—Gtie, of dog e'^99�f4e6' G6 rinn,-er-e r Within fourteen (14) days after a dog has been classified as dangerous by the public safety director or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the public safety director, and the certificate shall be renewed annually. The public safety director shall issue such certificates and renewals only to persons who are at least eighteen (18) years of age and who present sufficient evidence of the following: (1) A current certificate of rabies vaccination for the dog. (2) A proper enclosure to confine a dangerous dog and the posting of the premises a with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. q Go r (3) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. 6 a Packet Pg. 39 8.C.1.a (4) Proof of payment of the appropriate fee as established by resolution of the board of county commissioners. (#g) Require6i Pe4f46GtieR figr- 61^^9 c-!G:56i e14 ^9 64GRg ,.- The owner of a dog classified as dangerous pursuant to this section shall immediately notify the public safety director in the event the dog: (1) Is loose or otherwise unconfined. (2) Has bitten a human being or attacked another animal. (3) Is sold, given away, or dies. (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the public safety director. The new owner must comply with all of the requirements of this ordinance. (gh) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. Sections 775.082 or 775.083. In addition, the county shall immediately confiscate the dangerous dog and place it in quarantine, if necessary, for the proper length of time, or impound and hold it for ten (10) business days after the owner is given written notification under Section 6-23(d), and thereafter destroy the dog in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under Section 6-23(dl. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (ki) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by the county, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under Section 6-23(d) and thereafter destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under Section 6-23(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083. (+}) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. Sections 775.082, 775.083 or 775.084, pursuant to F.S. Section r 767.13(3). In addition, the dog shall be immediately confiscated by the county, placed a in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under Section 6-23 (d), and thereafter 7 a Packet Pg. 40 8.C.1.a destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under Section 6-23(d). The owner shall be responsible for repayment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (}k) If the owner files a written appeal under Section 6-23(d), the dog must be held and may not be destroyed while the appeal is pending. (kl) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. (m) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or person eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (n) Hunting dogs are exempt from the provision of this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are exempt from the provisions of this section when eneaeed in anv leeal procedures. However. such dogs at all other times in all other respects shall be subject to this section. Dogs that have been classified as dangerous shall not be used for hunting purposes. (o) This section does not apply to dogs used by law enforcement officials for law enforcement work. (p) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500.00. PART C. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY AMENDING SECTION 6-26 (ANIMAL CARE) AS FOLLOWS: Sec. 6-26. Animal care. r (a) It shall be a violation of this article for any person to impound or confine any animal in v any place without sufficient fresh food and water at all times daily, including weekends and C holidays; to keep any animal in any enclosure without providing sufficient daily exercise; to fail E to provide shelter from the weather, and clean quarters as further provided herein; a-n4 8 a Packet Pg. 41 8.C.1.a medical attention for sickly, diseased, or injured animals; or to fail to inoculate the animal against rabies as required by this article. However this section shall not require the provision of shelter from the weather and clean quarters for livestock in open pasture. Dogs, cats, and small domestic animals shall not be kept outside in crates, whether metal, wood, plastic or other materials. Does. cats and small domestic animals may be kept outside in a fenced enclosure if the enclosure contains a shelter which meets the following requirements: 1. Provides adequate protection from the cold and heat. 2. Provides protection from the direct effect of the sun, wind and rain; 3. Provides a solid roof and a wind and rain break; 4. Contains clean and dry bedding material; 5. Elevated a minimum of six inches (61 from the ground; 6. Provides sufficient space for each animal to comfortably stand up, sit down, lie down and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortablv stand uD. sit down. lie down. and turn around simultaneouslv: 7. Provides ingress and egress for the animal to enter and exit the shelter at all times; and, ******************************************* Jfl No animal shall be tethered unless all of the following provisions are met: 1. Animals vouneer than six (6) months old or ill shall not be tethered. 3. The leneth and weieht of the tether shall be aooroariate for the animal breed and shall be a minimum of ten (10) feet long or four (4) times the length of the animal (measured from tip of nose to base of tail), whichever is greater. 4. The tether must have swivels at both ends of the rope, chain or similar restraint for holding an animal in place, allowing a short radius in which it can move about and not become tangled. 5. Prong, choke or chain collars are prohibited in the use of tethering animal. 6. Area which the animal may reach while tethered shall be free of entanglements. is 7. The length and location of the tether must not allow the animal to reach a fence 7 or neighboring property. 00 c 8. Collar weight shall be appropriate for the animal as determined by a reasonable E person: 9 a Packet Pg. 42 8.C.1.a 9. The animal must be in view of the person responsible for the animal at all times while tethered. 10. A trolley system is permitted. 11. An animal may not be tethered in extreme weather, including but not limited to hurricanes, tropical storms or tornados. 12. The animal shall have access to a dry and raised area at all times. (k) Any dog left unattended in an outdoor enclosure shall be provided a minimum of thirty- two (32) square feet of open space. An additional sixteen (16) square feet shall be required for each additional dog kept in the same enclosed area. Each dog shall be provided sufficient shelter within the enclosed area. Anv enclosed area where a doR is confined shall be keat free of objects that may injure the dog and shall be cleaned regularly to remove feces. Dogs shall not be maintained outdoors during periods of extreme weather including but not limited to hurricanes, tropical storms or tornados. (m) The transportation of animals in vehicles shall be subject to the following requirements: 1. No person shall transport or carry any dog or other animal in a motor vehicle unless the animal is safelv enclosed within the vehicle. 2. If a person's only means to transport an animal is in an unenclosed or partially enclosed vehicle. includine but not limited to convertibles. pick-uD trucks. and flatbed trucks. the person shall confine the animal in a container, cage, or with another device that is of proper and adequate size to prevent the animal from falling from or jumping from the motor vehicle. Devices used to tether an animal onto a bed of a pick-up and/or flatbed truck must be on a swivel device. With the exception of trailers used to transport hooved livestock. the flooring of the vehicle shall be covered in a tvae of material that prevents the animal's feet from burning. 3. If a container or cage is used, it must be securely fastened so as to prevent the container or cage from moving in the motor vehicle. 4. The animal must be provided fresh water and food as deemed appropriate by a responsible person. 5. No person shall carry or cause to be carried in or upon any vehicle or otherwise, any domestic animal having its feet or legs tied together or in any other cruel or inhumane manner or without providing suitable and humane facilities including racks, crates or canes in which such animal may stand up or lie down during transportation. 6. The following shall be exempt from the provisions of this subsection: U a. Transporting livestock animals on property zoned AG-1, AG-2.5, AG-5, AR-1 with Go agricultural classification pursuant to Section 193.461, Florida Statues, or PUD 0) where livestock is permitted. 10 a Packet Pg. 43 8.C.1.a b. Transporting livestock on property on which livestock is permitted as a nonconforming use A person driving or in charge of a motor vehicle shall not permit an animal to remain unattended in a vehicle when the motor vehicle is out of the person's sight and under circumstances which endanger the health. safetv or welfare of the animal. PART D. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY CREATING SECTION 6-33 (AGGRESSIVE DOGS) AS FOLLOWS: Sec. 6-33. Aggressive animals. a) The Division shall investigate complaints involving animals that may be aggressive. The Public safety director shall have the authority to designate an animal as aggressive: (1) Provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the Division, an animal shall be designated as aggressive if an animal, when unprovoked, has: a. Severelv iniured or killed a domestic animal while off the owner's property. b. Been used primarily or in part for the purpose of dog fighting or is a dog trained for fighting and has been determined by a neutral dog trainer or veterinary behaviorist to be aggressive to other domestic animals or people due to forced fighting. C. Been involved in an attack that does not result severe injury or death of a person; or d. In the opinion of an Animal Control Officer or law enforcement officer, the animal posed a threat to the safety and welfare of the community. (b) An animal shall not be declared aggressive if the threat, injury or damage to a person or animal Xniac- 1) Unlawfully on the property; or 2) Tormentinia. abusinia or assaulting the animal. its owner, a familv member or guest; or (1) The animal was protecting or defending a person within immediate vicinity of the animal from an unjustified attack or assault. (c) The following procedures shall be followed in the investigation of an aggressive animal a complaint: U (1) If possible, the owner of the animal being investigated shall be interviewed. Any person and/or witness desiring to have an animal classified aggressive shall E submit an affidavit to the Division. 11 a Packet Pg. 44 8.C.1.a (2) An animal that is the subject of an aggressive animal investigation shall be humanely and safely confined by the owner in a secured fenced or enclosed area and shall be subject to any reasonable restrictions placed thereon by the Division pending the outcome of the investigation and resolution of any hearings related to the aggressive animal designation. (3) The address of where the animal resides shall immediately be provided to the Division. (4) No animal that is the subject of an aggressive animal investigation may be relocated nor may ownership be transferred pending the outcome of an investigation and/or any hearings related to the determination of an aggressive animal declaration. (d) After the investigation, the public safety director shall make an initial determination as to whether there is sufficient cause to classify the animal as aggressive and shall afford the owner an opportunity for a hearing prior to making a final determination. The public safety director shall provide written notification of the sufficient cause finding to the owner by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process. The owner may file a written request for an administrative hearing by the public safety director to appeal the classification within fifteen (15) calendar days after receipt of the sufficient cause findings. The written request for a hearing shall be mailed to the address provided by the Division in the aeeressive animal notification letter. (e) Administrative hearing process for aggressive animal appeal. UDon receipt of an owner's timelv reauest for an administration heari hearing shall be scheduled within twenty-one (21) calendar days, but no sooner than five (5) calendar days from the date the Division receives the appeal request. (2) A notice of hearing shall be sent by first class mail or certified hand delivery to the named aDDellant at his/her last known address. The notice of hearine shall include the following: a. Place, date and time of hearing. b. Right of the owner to be represented by an attorney; and C. Right of the owner to present witnesses and evidence. (3) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Division at least five (5) calendar days prior to the date set for the hearing. (4) All hearings shall be open to the public. Assuming proper notice is achieved, a hearing may proceed in the absence of the owner. (5) The hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath. (6) The hearing shall not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the public safety director finds it to be competent and reliable, regardless of the existence of anv common law or statutory rule to the contrary. 12 a Packet Pg. 45 8.C.1.a Each party shall have the right to call and examine witnesses: to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach any witnesses regardless of which party first called the witness to testify; and to rebut the evidence against him/her. (8) The public safety director shall make findings of fact based on the evidence of record. In order to uphold the aggressive animal determination, the public safety director must find that a preponderance of the evidence supports the determination. a. The Dublic safetv director shall have the sower to adoot Drocedures for the conduct of hearings, subpoena owners and witnesses for the hearings, subpoena evidence, take testimony under oath, and assess and order the payment of administrative costs. b. The fact finding determination of the public safety director shall be limited to whether one or more of the criteria listed in Subsection 6-23(a)(1) were met. Based upon this fact finding determination, the public safety director shall either affirm or reverse the sufficient cause findings of the Division. C. If the decision of the public safety director is to affirm the Division's decision, then the owner shall be responsible to pay the administrative costs of the hearing. The owner shall also be responsible for payment of any boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. (9) The owner may appeal the public safety director's findings by filing a written uest for a hearing in the countv court for St. Lucie County. Florida. within ten (10) business days after the receipt of the written notification of the aggressive animal classification. (f) Aggressive animal requirements. 1) Within fourteen (14) calendar days after an animal has been declared aggressive or an aggressive animal classification has been upheld by the county court on appeal, the owner of the animal must obtain an aggressive animal license from the Division. (2) The owner must renew the aggressive animal license tag annually. (3) Aggressive animal license tags shall onlv be issued to competent persons over the age of eighteen (18) and who Dresent to the Division sufficient evidence of comDliance with all of the following: a. A current certificate of rabies vaccination for the animal. a b. The animal shall be safely and securely confined on the owner's property E in an enclosure suitable for a dangerous dog. a C. Clearly visible warning signs at all entry points to the property which inform both children and adults of the presence of an aggressive animal on the property. Such signage must be approved by the Division. d. Permanent identification of the animal, such as a tattoo on the inner a) thigh or electronic implantation. e. The animal has been sterilized; and, 13 a Packet Pg. 46 8.C.1.a f. Compliance with additional reasonable restrictions as determined on a case by case basis by the Division. (4) Prior to issuance of the aggressive animal license tag and any renewal thereof, the owner shall Dav the related fee established by resolution of the Board of Countv Commissioners. (5) The owner shall immediately notify the Division when an animal that has been classified as dangerous: a. Is loose or unconfined; b. Has bitten a person or attacked another animal; C. Is sold, given away, or dies; or d. Is moved to another address. (6) Prior to an aggressive animal being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the Division. The new owner shall comply with all of the reauirements of this chaster. If an aggressive animal is moved outside of the Countv and is later relocated back within the unincorporated areas of the County, the owner must notify the Division that the animal is within the County within forty-eight (48) hours of the animal being relocated (8) It shall be unlawful for the owner of an aggressive animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a leash and under the control of a competent person over the age of eighteen (18) years of age. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or resairation but will prevent it from biting anv person or animal. When being transported. an aeeressive animal shall be safelv and securel restrained within a vehicle. (10) The owner of an aggressive animal may exercise the animal in a securely fenced or enclosed area without a muzzle or leash, if the animal remains in the owner's sight and only members of the owner's immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the animal is present. (11) Hunting dogs are exempt from the provisions of this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are exempt from this section. Such dogs shall be subject to the provisions of this section at all other times. (12) This section shall not apply to dogs used by law enforcement officials for law enforcement purposes. (13) If a dog that has been previously classified as aggressive attacks or bites a person or a domestic animal without provocation, provided that such actions are attested to in a sworn statement by one or more Dersons and dutifully investigated by the Division. the animal shall be confiscated by the Division, placed in quarantine, as requested by the Department of Health, if necessary, for the proper length of time or impounded and held for ten (10) days after the r owner is given written notice and thereafter declared a dangerous dog. E 14 a Packet Pg. 47 8.C.1.a (14) Upon confiscation of the animal, the Division shall provide the owner of record, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of the Division to have the animal declared dangerous within the time prescribed. (15) The owner may contest the confiscation during the ten (10) day period in accordance with the Drocedures set forth in Sections 6-23(d) and (e). PART E. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY CREATING SECTION 6-34 (GUARD DOGS) AS FOLLOWS: Sec. 6-34. Guard dogs. (a) Guard dog permit. (1) Any person seeking to operate a guard dog service or who owns a dog that such person is seeking to use for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment in the unincorporated areas of the county shall obtain a guard dog permit. (2) A guard dog permit shall be valid for a period of twelve (12) months from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to the date of expiration. (3) A guard dog permit is not transferable, assignable or refundable. (4) The Board of County Commissioners shall establish the fee schedule for guard dog permits by resolution. Obtaining guard dog permit. (1) A person seeking to obtain a guard dog permit shall apply to the Animal Control Division using a form aooroved by the Division. (2) The guard dog permit application shall include but is not limited to the followin infnrmn inn - a. The name, address and telephone number of the applicant and a description of the location(s), including address, at which guard dogs will be maintained. b. A statement as to whether the applicant or any officer or employee of the a is applicant has ever been convicted of an offense involving neglect or crueltv to animals or has had a final judgment entered against that person under F.S. 00 q r Section 828.063, or any other statute prohibiting animal cruelty, neglect or 0 mistreatment. r 15 a Packet Pg. 48 8.C.1.a C. The breed, sex, age, color, registration tag number and electronic animal identification number (EAID), if applicable, of each dog that will be used as a guard dog. d. The name and address of the aoDlicant's veterinarian(s). e. The name, address and telephone number(s) of the person(s) responsible for training and/or providing food, water, exercise and care to each guard dog; and, f. Proof of business tax receipt from St. Lucie County Tax Collector, if applicable. (3) The permit applicant shall complete the application, supply all information requested by the Division, and pay the applicable permit fee established by the Board of County Commissioners. No application shall be deemed complete and reviewable until the permit fee is paid. (4) Permit applications shall be valid for thirty (30) days in order for applicants to make correction to meet minimum compliance specifications. (c) Permit denial, revocation, and suspension. (1) By notice of adverse action, the Division may deny, revoke or suspend any rmit if it is determined by the Division that: a. There has been a material misstatement or misrepresentation in the permit application or in any information or documents required to be maintained by the applicant/permit holder or provided to the Division. b. The applicant/permit holder has been cited for at least two (2) violations of this chapter within a one-year period, each resulting in the imposition of a fine. C. The applicant/permit holder has failed to pay a fine or to request a hearing in county court to answer the charges of a citation within thirty (30) days of issuance of the citation. d. An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that. if not treated, would result in suffering, pain or death of the animal. r (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided C a) in the fee resolution. E ns 16 a Packet Pg. 49 8.C.1.a Appeal process. Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal the adverse action to a hearing officer by filing a written notice of aDDeal with the Division within ten (10) days after issuance of the notice of adverse action. (2) The appeal will be heard by a hearing officer within thirty (30) calendar days after the apDlicant or Dermit holder has submitted a notice of aDDeal. The initial hearinE on the appeal may be continued by the Division, the hearing officer, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. Unless otherwise provided herein, the hearing before the hearing officer shall be governed as provided in this Chapter. (4) The denial, revocation, or suspension of the permit shall be upheld or reversed by the hearing officer. (e) Requirements following notice of adverse action and/or appeal process. (1) If the notice of denial, revocation, or suspension of a guard dog permit is not appealed within ten (10) days after the notice of the written decision of the hearing officer is issued, the applicant or permit holder shall immediately cease and desist operation of a guard dog service or use of a guard dog for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in the unincorporated areas of the County. (2) Any person whose guard dog permit has been revoked may not reapply for a guard dog permit for a period of one (1) year. Each reapplication for a permit shall be accompanied by a fee to be established by the Board of County Commissioners by resolution. (4) Any person who has been adjudicated guilty of animal cruelty within the past five (5) years may not hold a permit to operate a guard dog service or possess a guard dog in the unincorporated areas of the County. Registration of guard dogs. (1) Guard dog services and guard dog owners shall annually register each guard dog a owned or used in the unincorporated areas of the County with the Division. The registration shall include the following for each dog: v Go r c a) a. Name, address and telephone number of the owner and/or manager of E the guard dog service. a 17 a Packet Pg. 50 8.C.1.a b. The breed, sex, weight, age and color(s) of the guard dog. C. A color photograph of the guard dog. d. Other distinguishing physical features of the guard dog. e. Certification of rabies vaccination. f. The guard dogs registration tag number. g_ The guard dogs electronic animal identification device number (EAISD). h. Proof of ownership (i.e. bill of sale, receipt or notarized affidavit) including the name and address of the person from whom the dog was nhtainarl i. If the permit holder is not the original owner of the dog, a notarized L affidavit signed by the previous owner acknowledging that the dog will be used as a guard dog. This requirement may be waived if the dog has been previously registered to the guard dog owner for more than one (1) vear in the countv. A current certification from a veterinarian who is licensed in Florida stating that the guard dog has been examined and is healthy and ahvsically fit to perform service as a euard doe. The owner shall obtain the certification form from the Division and shall provide it to the examining veterinarian for completion, and, upon completion, shall provide it to the Division. (2) A guard dog license tag shall be an annual requirement. The guard dog license tag is only available through the Division. The guard dog shall be worn at all times or shall be fastened to each guard dogs enclosure when the guard dog is inside it. (3) No dog shall be used a as guard dog unless and until the dog has been registered with the Division. (4) No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog. (5) If any dog is used as a guard dog prior to being registered, a double registration is fee shall be imposed to register the guard dog. r � The Division shall maintain a guard dog registration system which shall contain 0) all data required by the Division. Immediately upon transfer of ownership, death or 18 a Packet Pg. 51 8.C.1.a disappearance of a guard dog, the guard dog service or guard dog owner shall notify the Division. Upon receipt of such notice, the appropriate entry shall be made in the guard dog registration system. If the dog has disaaaeared. an entry shall be made to reflect the location of such disappearance. Inspection and records. (1) It shall be a condition of the issuance of any guard dog permit and guard dog stration that officers of the Division shall at anv reasonable time. unannounced. have the right to enter the premises and inspect: a. All dogs and all premises where such dogs are trained, in use, or kept. b. All records for each guard dog including, but not limited to, vaccination, veterinary and medical treatment records. C. All records concerning the training, sale, or use of a guard d (2) Refusal to allow inspection of a guard dog, premises, or records shall be a violation of this chapter. (3) Guard dog services shall require any customer that procures the use of a guard doe to sien an aereement authorizine officers of the Division to perform unannounced inspections of any guard dog and premises where the guard dog is being used as a guard dog. (4) Guard dog services shall maintain records identifying the name, address, and telephone number of each customer procuring the use of a guard dog and the physical location of each guard dog (with registration number), if different than the customer's address. (5) On a bi-weekly basis, guard dog services shall provide the Division with complete records identifying the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (with guard dog license tag number). Guard dog services and guard dog owners shall immediately notify the Division in writing when a guard dog is temporarily or permanently removed from service due to sickness. injury, a medical condition, or death. Guard dog services and guard dog owners shall maintain records of the a acquisition, transfer of ownership, death, or disappearance of a guard dog. U (8) The records required to be maintained herein shall be maintained for a period of C 0) at least two (2) years from the date of creation and shall be provided to the Division upon E request unless otherwise provided herein. c 19 a Packet Pg. 52 8.C.1.a Use of guard dogs. (1) Any entity which hires or uses a guard dog shall provide adequate fencing or some other confining structure to keep the guard dog within the guarded area. The business owner or Derson responsible for manaRinR each entitv that hires or uses a guard doR is responsible for each guard dog hired or used. The guard dog shall wear a current guard dog registration taLT with Droof of rabies inoculation available for insaection by the Division and shall be implanted with an electronic animal identification device as required by this section. Each entity which hires or uses a guard dog that is on the premises during its eratinR hours shall have the doL- confined or restrained in such a manner so as not to have access to those areas open to the public or to otherwise pose a danger to the public. (3) The entity owner or person responsible for managing an entity which hires or uses a guard dog shall be responsible for having at each appropriate location and entry point, and at fifty -foot intervals along the fence perimeter, if applicable, a sign posted including the words "Guard Dog" or "Dangerous Dog" in black six (6) inch high letters on a white background. (4) Entry points shall have a sign posted with the telephone number of the dog's trainer or handler and owner in case of an emerRencv. (5) Guard dogs shall be given a humane existence, and shall at all times be maintained in accordance with the requirements of Section 6-26. Any person who uses the service of a guard dog shall be resoonsible to assure that the guard dog is Drovided a humane existence in accordance with Section 6-26, and shall immediately contact the Division to report any guard dog that is sick, diseased, lame, or injured. Guard dogs that are confined in a cage shall have at least one-half (%) hour of exercise within each eight (8) hours of confinement. It shall be unlawful for any person, owner, or manager keeping a guard dog to fail to provide clean, sanitary, safe, and humane conditions; sufficient quantities of wholesome food daily; adequate quantities of visible, clean, and fresh water available at all times; proper air ventilation and circulation; if located outside, full protection and shelter from the elements; and medical attention and necessary veterinary care when it is sick, diseased, or injured. (6) No dog which has been classified as dangerous pursuant to this chapter shall be used as a guard dog. (7) No dog shall be used as a guard dog while it is pregnant or lactating. Q q (8) The Division shall impound any guard dog owned by a person that is cited and U found to be in violation of Section 6-26 herein. The guard dog may be redeemed upon CO c submittal of evidence satisfactory to the Division that the cause of the violation has been E r 20 Q Packet Pg. 53 8.C.1.a remedied and anv fines have been Daid. The Ruard doR shall only be released after a satisfactory review of the living conditions of the guard dog by an animal care officer. (9) Each person or entity that rents or uses a guard dog to patrol the premises after that business's oaeratina hours shall Drovide adeauate fencing, or some other confining structure, to keep the guard dog within the premises. 10 Any dog registered or used as a guard dog shall receive a minimum of two (2) examinations Der vear conducted by a veterinarian licensed to Dractice veterinary medicine in the State of Florida. No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog. 11 Newly acquired dogs shall be immediately vaccinated against rabies, tagged, and registered with the Division as a guard dog before being used a as guard dog. 12) Each guard dog shall be implanted with an EAID used and approved by the Division. Transportation of guard dogs. (1) The vehicle of every guard dog service or owner transporting any guard dog must be clearly marked, showing that it is transporting a registered guard dog. A compartment separate from the driver is required which shall be arranged to ensure adequate ventilation for the dog. (2) No guard dog shall be transported in the trunk of a car or in an unenclosed portion of a vehicle, including, but not limited to convertibles, pickup trucks, open -bed trucks, or flat-bed trucks. However. a guard doR may be transported in an unenclosed Dortion of a vehicle if the animal is securely confined within a cage. The cage must be securely anchored to the vehicle in order to Drevent movement about the vehicle. The floorine of the caee shall be covered in a type of material that prevents the dogs feet from burning PART F. 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 G. FILING WITH THE DEPARTMENT OF STATE. Go r c a) 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 21 a Packet Pg. 54 8.C.1.a 32304. PART H. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART I. 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 J. 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 F through J shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2015. ATTEST: Deputy Clerk 22 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA L."V Chair APPROVED AS TO FORM AND CORRECTNESS: 13's County Attorney Q Packet Pg. 55 8.C.2 ITEM NO. (ID # 2917) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY Transit Shelters - Agreement with Housing Authority of the City of Fort Pierce In order to better serve the riders of the fixed route bus system, the Housing Authority of the City of Fort Pierce has agreed to allow the installation of a transit shelter on a site owned by the Authority. Attached to this agenda item is a proposed agreement which provides for the constructions, installation, maintenance and use of a transit shelter on a site to be determined by the parties. The County will be responsible for the construction and maintenance of the shelter once installed. The Housing Authority will be responsible for removal of debris from the shelter as well as maintenance of the shelter amenities. PREVIOUS ACTION: FINANCIAL IMPACT: Funding for this project is available in fund numbers: 130105, 130109,130113, 130114 and 130119. The Organization Unit, Object and Program are as follows 4910-552200-094602. . RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement with the Housing Authority of the City of Fort Pierce, and authorize the Chair to sign the agreement COMMISSION ACTION: Packet Pg. 56 8.C.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 6/5/2015 updated: 6/5/2015 3:36 PM by Asheley Hepburn Page 2 Packet Pg. 57 8.C.2.a AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE, FLORIDA FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND USE OF PUBLIC TRANSIT SHELTERS THIS AGREEMENT is made and entered into this day of , 2015, by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter referred to as 'County') and The Housing Authority of the City of Fort Pierce, Florida, (hereinafter referred to as 'FPHA'), by and through its Board of Commissioners. WITNESSETH: WHEREAS, the County's contracted transportation provider serves as the public transit provider within the St. Lucie County geographical boundaries; and WHEREAS, the County desires to locate transit shelters along the fixed transit routes to serve passengers of the transit system including at a site located on property owned by the FPHA (hereinafter as referred to as 'the site'); and WHEREAS, the installation of a transit shelter on the site will assist in the transportation of citizens throughout the community; and WHEREAS, the purpose of this Agreement is to establish responsibility for location and maintenance of community bus shelters; and NOW, THEREFORE, in consideration of the conditions contained in this Agreement, FPHA and the County agree as follows: 1. County Responsibilities - The County shall: A. Provide a schematic drawing of the location of the proposed shelter to FPHA, for review and approval. B. Obtain any necessary permits from the City of Fort Pierce for the installation of the bus shelter. C. Purchase and install a shelter on the site agreed upon by the parties. The bus shelter will be five (5)-feet wide by twelve (12)-feet long and contain a six (6)-foot bench. The bus shelter will meet applicable and current Americans with Disabilities Act (hereinafter referred to as 'ADA') guidelines regarding interior spaces and accessibility. D. Provide architectural and engineering detail and specifications of the proposed shelter to the City of Fort Pierce for its review and approval. E. Install a maximum of ten (10)-feet by fifteen (15)-feet by six (6)-inches thick concrete pad in compliance with Florida Transit Facility Guidelines and ADA. F. Construct additional appurtenances where necessary to connect the shelter pad to the curb to ensure ADA compliant access from the existing adjacent sidewalk to the Packet Pg. 58 8.C.2.a shelter and from the shelter to the location where the bus would be boarded. Such items shall include but are not limited to pedestrian ramps, handrails, tactile warning devices and associated earthwork and grading necessary to meet ADA guidelines. G. Remove bus shelters from locations and restore the site to its original condition within thirty (30) calendar days of the date said shelter is no longer utilized as a permanent stop on the bus route. H. Promptly repair or replace all damaged parts and permanent appointments to the shelter including, but not limited to, the mosaic bench, bike rack, trash receptacle, planter. I. Clean and repair damage at each bus shelter and bench on a bi-monthly schedule, unless a more frequent schedule is needed to maintain the appearance, as determined by either party. This may include removal of graffiti or notice postings, pressure washing, repainting or related services. J. Provide an overall map displaying shelter locations and bus routes and public security signage. 2. FPHA Responsibilities - The FPHA shall: Remove debris from the shelter and maintain shelter amenities on a regular schedule, and as needed to maintain cleanliness, as determined by either party. 3. Term; Termination The term of this Agreement shall begin upon execution, (hereinafter referred to as the `Commencement Date'), and shall terminate fifteen (15) years from that date. The term of this Agreement may be extended for additional five (5) year periods upon the mutual consent of both parties. Either party shall have the right to terminate this Agreement for cause upon ninety (90) days prior written notice to the other party. 4. Liability The parties to this Agreement shall not be deemed to have assumed any liability for the negligent or wrongful acts, or omissions of the other party, or their respective officers, employees, servants or agents. Nothing contained herein shall be construed as a waiver by either party of the liability limits established in 768.28, Florida Statutes (2014). 5. Notice of Complaints or Suits Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it, which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party or Treasure Coast Connecter is named, and shall do nothing to impair or invalidate any applicable insurance coverage. 21 Packet Pg. 59 8.C.2.a 6. Notice All notices required by law and by this Agreement to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: To County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To FPHA: Executive Director 511 Orange Avenue Fort Pierce, FL 34950 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 The effective date of any notice shall be the date that such notice is received or refused 7. Severability Q 10. If any section, subsection, sentence, clause, provision or part of this Agreement shall be held invalid for any reason, the remainder of this Agreement shall not be affected. Assignment Neither party may assign their rights or obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the other party's prior written consent shall be deemed a default under this Agreement. Non -Discrimination FPHA for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, national origin or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in the use of the site. Entire Agreement This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersede all other negotiation, understandings, and representations (if any) made by and between such parties. 31 Packet Pg. 60 8.C.2.a 11. Amendments The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 12. Governing Law; Venue This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS THEREOF, the parties have executed the Agreement as of the date the Agreement is executed by the County. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 41 Packet Pg. 61 8.C.2.a ATTEST: THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE, FLORIDA BY: EXECUTIVE DIRECTOR APPROVED AS TO FORM AND CORRECTNESS BY: 51 Packet Pg. 62 8.C.3 ITEM NO. (ID # 2880) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CI inirrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement - Maintenance and Use of Zora Kiosks and Trail Markers The County, through its previous Cultural Affairs Department installed eight (8) trail markers and three (3) kiosks, in regards to Zora Neale Hurston. These trail markers and kiosks are located within the City of Fort Pierce. The City of Fort Pierce is willing to cooperate with the County to assume promotional and marketing material, administration, funding, operations, and maintenance of the kiosks and markers. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the Interlocal Agreement. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C�nty ttorney 5/18/2015 Packet Pg. 63 8.C.3.a INTERLOCAL AGREEMENT FOR THE MAINTENANCE AND USE OF ZORA KIOSKS AND TRAIL MARKERS THIS INTERLOCAL AGREEMENT is made and entered into this day of 2015 , by and between St. Lucie County, a political subdivision of the State of Florida, (referred to hereinafter as "County" and the City of Fort Pierce, a municipal corporation of the State of Florida, (referred to hereinafter as "City". WITNESSETH: WHEREAS, the County, through its previous Cultural Affairs Department installed eight (8) trail markers and three (3) kiosks, in regards to Zora Neale Hurston; and WHEREAS, these trail markers and kiosks are located within the City of Fort Pierce; and, WHEREAS, the City is willing to cooperate with the County to assume promotional and marketing material, administration, funding, operations, and maintenance of the kiosks and markers. NOW, THEREFORE, in consideration of the conditions contained in this agreement, the parties agree as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. County Responsibilities. Provide the location of the trail markers and kiosks as described in Exhibit A pages 1 - 2. 3. City Responsibilities. Assume promotional and marketing material, administration, funding, operations, and maintenance of the kiosks and markers. 4. Liability. The parties to this Agreement shall not be deemed to have assumed any liability for the negligent or wrongful acts, or omissions of the other party, or their respective officers, employees, servants or agents. Nothing contained herein shall be construed as a waiver by the County of the liability limits established in 768.28, Florida Statutes (2009). 5. Notice of Complaints or Suits. Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any 1 S:\atty\agreemnt\interloc\zora kiosks & trail markers 2015 Packet Pg. 64 1k 8.C.3.a investigation either may conduct, the defense of any claim or suit in which either party, and shall do nothing to impair or invalidate any applicable insurance coverage. 6. Notice. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: To County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To City: Fort Pierce City Manager Post Office Box 1480 Fort Pierce, Florida 34954 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With Copy to: Fort Pierce City Attorney Post Office Box 1480 Fort Pierce, Florida 34954 or to such other address(es) as a party may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 7. Severability. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 8. Assignment. Neither party may assign their rights or obligations under this Agreement without the written consent of the other party which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the other party's prior written consent shall be deemed a default under this Agreement. 9. Non -Discrimination. The City for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the Site. 10. Entire Agreement. This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 11. Amendments. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 12. Governing Law; Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of 6 5:\atty\agreemnt\interloc\zora kiosks & trail markers 2015 Packet Pg. 65 14 8.C.3.a Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 13. Filing; Effective Date. This Agreement, and any amendments hereto, shall be filed with the Clerk of the Circuit Court of St. Lucie County, prior to becoming effective. IN WITNESS THEREOF, the parties have executed the Agreement as of the date the Agreement is executed by the St. Lucie County Board of County Commissioners. ATTEST: DEPUTY CLERK ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY CITY OF FORT PIERCE, FLORIDA BY: LINDA COX, CITY CLERK LINDA HUDSON, MAYOR APPROVED AS TO FORM AND CORRECTNESS: BY: ROBERT V. SCHWERER, CITY ATTORNEY C 5:\atty\agreemnt\interloc\zora kiosks & trail markers 2015 Packet Pg. 66 16 8.C.3.a EXHIBIT A Zora Kiosks 1. Zora Neale Hurston Library (3008 Ave D) 2. Ellis Police Substation (1220 Ave D) 3. Seven Gables House (482 Indian River Dr.) 8 Trail Markers: 1. Zora Neale Hurston Library, 3008 Ave D 2. Lincoln Park Academy, 1806 Ave 1 3. Zora Neale Hurston's Home, 1734 Ave 1 4. Zora's Gravesite at the Garden of Heavenly Rest, Avenue S and 17th Street 5. Fort Pierce Chronicle, 1529 Ave D 6. Means Court School, 532 13th Street 7. Sarah's Memorial Chapel, 728 Ave D 8. Backus House, 122 Backus Ave Exhibit A page 1 5:\atty\agreemnt\interloc\zora kiosks & trail markers 2015 Packet Pg. 67 8.C.3.a �D C) N fXTI b Q 0 N x m o IN S or_ mcO D ID c � A m o T3Z o SD m 0 O O© O© D O (n (11 N W (1) 3 T G1 N �- N N< ° n�oydv�F�m DoFm 'U (�o° �D>: L�F m' Nm�O oc7m� m m �.momD�d � d°' m xm .ono,< S �a (D o�O g� o m C�O0 uDm�nvi mDS� m W 2. °m �oD�a 3y0M mm��3�mo mo�� omnm�.m �md m vm om �'�o.mm<<m�c ommm m-- "K 0Es, 0 w� 0w m y x 3nma3m�'m3Fxy�n�ao iDo�nDFo�3:E �c•cm�= AN Cr c m O`Di o m ��� Fo N D� y F �� S 0 3 ID m m c co.5 D (i m m C �c o Cl oi��+ oom�oi m�Qs minocio c�mSo'mgr �'o.�����ooiv�io�(�u� y > << N 'O O 5 p N C 3 V (D �. " D1 M O O (D n Z O O N m N n) w 0 N O O n p (.J N d 7 7 C 7 d C N (D C 7 <.? C �3W<oow o�cyi omym nm 7v ao3mv nao3 oo.r AN � hi'I main of s'a n co�cn cp'o Nome ��OSomm for d F/��I - m moo �. !� S o O W N o m V<' F p c < m O N W 7 to O nl n a 0 N> O S N m �7 N 3 N 7 C W O N O O N> N` (D V n (D 3 Z N �D (O N [D fD yi N d a N O: N n 01 O j m D c >30,A p D /r nx o'omCD < s m moxp m(VDFi nFi 0(�y, .o WfD Nc oD <° c0Eom3'ompaioSpm�m.. �mv��o3DmaDr ��> o N vx 'p >>� mm < N ° p rn normc rnyao m.' 0 mm �•cmdD m nm ys3o w, (D _ o 3-oCD ,-yam ds33N cD r•7(D d c y d CO o OID 0 n Co N 0Wn Cm, rnN23 W. O -ln 00034 mmno r• 20 d IN V l ,CI,u i E l+, r Exhibit A page 2 Packet Pg. 68 8.C.4 ITEM NO. RES-2015-98 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney Resolution - Public Facilities Naming Policy DATE: 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY On December 13, 1988, the Board of County Commissioners approved Resolution No. 88-206 authorizing the creation of an honorary recognition committee for the purpose of recommending to the Board the naming of certain County properties. On April 7, 1992, the Board approved Resolution No. 92- 108 amending Resolution No. 88-206 by amending the duties and functions of the honorary recognition committee. It is in the best interest of the citizens of St. Lucie County to establish a Public Facilities Naming Policy which amends and consolidates prior naming policies. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Resolution and authorize the Chair to sign the Resolution as reviewed and approved by the County Attorney. COMMISSION ACTION: Packet Pg. 69 8.C.4 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/18/2015 updated: 5/14/2015 11:17 AM by Susan Bellamy Page 2 Packet Pg. 70 8.C.4.a RESOLUTION NO. 15-XXX A RESOLUTION APPROVING THE ST. LUCIE COUNTY PUBLIC FACILITIES NAMING POLICY ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT A" AND REPEALING RESOLUTION NOS. 92-108 AND 88-206 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On December 13, 1988, the Board of County Commissioners approved Resolution No. 88-206 authorizing the creation of an honorary recognition committee for the purpose of recommending to the Board the naming of certain County properties; and 2. On April 7, 1992, the Board approved Resolution No. 92-108 amending Resolution No. 88-206 by amending the duties and functions of the honorary recognition committee; and 3. It is in the best interest of the citizens of St. Lucie County to establish a Public Facilities Naming Policy which amends and consolidates prior naming policies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution Nos. 92-108 and 88-206 are repealed. 2. The attached Public Facilities Naming Policy is approved. 2. This resolution shall take effect on the date of adoption. After motion and second the vote on this resolution was as follows: ATTEST: Commissioner Paula A. 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 day of 12015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 71 8.C.4.b EXHIBIT A RESOLUTION 15-XXX ST. LUCIE COUNTY NAMING PUBLIC FACILITIES POLICY Section 1— Purpose The purpose of this policy is to provide criteria for St. Lucie County to use when it desires to confer a specific name on a County owned property. This policy does not apply to the naming of streets. Section 2 — Sco A. This policy affects only County owned property including, but not limited to, the following: 1. Buildings and structures 2. Real property, including open space, parks, and recreational facilities B. The process and criteria included in this policy do not apply to the following: 1. Historically registered properties for which a name has been indicated on a nomination from and accepted for use on a historic register 2. Public art installations that have been commissioned with a title that serves as the name of the piece 3. Right of way, including streets. C. This policy does not apply to Federal, State or municipal facilities. Section 3 — Procedures for Considering Names A. An application must be completed by the person(s) or group requesting the designation. The application shall be in substantially the form attached hereto and incorporated herein as Exhibit 1. B. After review and preliminary approval by the County Administrator or designee, the County Administrator shall set the request on an agenda for a formal vote by the Board. Section 4 — Criteria for Names A. The following criteria should be considered when naming facilities: 1. Context and geographical location i. Sites and facilities should be given names that directly reflect or are contextually related to the history of the site. ii. Common usage names that have developed over time shall be favored. 2. Natural or geological features i. Names may be based on distinctive, predominant, and defining natural features of an area. 3. Historical significance i. The name may be one associated with a historically significant event or for events reflecting broad patterns of County history. ii. The name may be one associated with the lives of persons of countywide significance in St. Lucie County's past. iii. The name may reflect a distinctive architectural, engineering, or technological achievement. Packet Pg. 72 8.C.4.b iv. The name may be related to an existing or proposed registered historic property or district. 4. Contributions i. Facilities may be named for an individual or organization if that individual or organization has made a significant direct property or monetary contribution to St. Lucie County for the construction and/or development of the facility, especially if the naming is a stipulation of the donation. ii. Facilities may be named for an individual if that individual has made a recognized, outstanding public service contribution. 5. Portions of a facility may have another name than that of the entire facility. 6. Preference should be given to naming for individuals deceased for two (2) years. B. The County should not generally change the name of an existing facility unless there is overwhelming community support for the new name and/or a recognized public health, safety, and welfare need for the change. The Board of County Commissioners may waive or modify any requirements of this policy as it deems appropriate on a case -by -case basis. Packet Pg. 73 8.C.4.c Application Naming Public Buildings, Lands, Roads and Bridges St. Lucie County Date: Contact Information • Name: • Address: • City, State, Zip: • Telephone: • Email: Describe the building or land you are requesting to be named, giving complete address, location, beginning and ending points, etc. Requested Name for the facility: If applicable, give the date of death of the person for which the facility is proposed to be name: Describe the historical association or connection with the requested name to the facility. List below any proclamations, awards, commendations, or resolutions, made on behalf of the honoree by any civic, charitable or volunteer organizations you wish the County Commission to consider. Attach a location map with this application along with any additional relevant information concerning this proposal and return to: St. Lucie County Administration 2300 Virginia Avenue Fort Pierce, FL 34982 Exhibit 1 Packet Pg. 74 8.C.5 ITEM NO. RES-2015-99 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - St. Lucie County Roadside Memorial Marker Policy In order to increase public awareness of highway safety, St. Lucie County is proposing to adopt a policy to allow placement of memorial markers within the County's rights of way. The Policy will provide guidance for the uniform placement of the memorial markers within the St. Lucie County rights of way to memorialized individuals who have died as a result of a vehicle related crash in this county. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Resolution and authorize the Chair to sign the Resolution as reviewed and approved by the County Attorney. life] ►&1iTIF-SI WLIeT41IIs] ►E Coordination Signatures 4aniief&orney6/4/2015 Packet Pg. 75 8.C.5.a RESOLUTION NO. 15-XXX A RESOLUTION APPROVING THE ST. LUCIE COUNTY ROADSIDE MEMORIAL MARKER POLICY ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT A" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In order to increase public awareness of highway safety, it is St. Lucie County's policy to allow placement of memorial markers within the County's rights of way; and 2. To provide guidance for the uniform placement of the memorial markers within the St. Lucie County rights of way to memorialized individuals who have died as a result of a vehicle related crash in this county. Florida: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 1. The St. Lucie County Roadside Memorial Marker Policy is approved. 2. This resolution shall take effect on the date of adoption. After motion and second the vote on this resolution was as follows: ATTEST: Commissioner Paula A. Lewis, Chair Commissioner Kim Johnson, Vice Chair Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED this Deputy Clerk day of 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 76 8.C.5.b 4Wile! L:1d9111L1IWA:T97_1II-1L1]11111Al14AiIQ1.1 /_1 111111AlI_1:1 C1A.4:19 4140 PURPOSE: The purpose of this procedure is to provide guidance for the uniform placement of memorial markers within the County Highway System rights of way to remind motorists to drive safely by memorializing people who have died as a result of a vehicle related crash. SCOPE: This procedure mainly affects County personnel responsible for the construction, placement and maintenance of memorial markers. GENERAL INFORMATION: In order to increase public awareness of highway safety, it is the St. Lucie County's policy to allow placement of memorial markers within the County Highway System rights of way to: A. Memorialize people who have died as a result of a vehicle related crash and remind motorists to protect human life by driving safely. The costs for the construction, installation, maintenance and removal of the memorial marker will be borne by the County. 1. REQUEST FOR MEMORIAL MARKER Requests for memorial markers within the County Highway System rights of way shall be submitted on Request for Installation of Memorial Marker to the St. Lucie County Road and Bridge Department. Requests may be made by immediate family members or friends, with requests from friends requiring the approval of the deceased's immediate family. Once approved and installed, the memorial marker should remain in place for a minimum of one (1) year - unless it becomes necessary to remove the memorial marker for construction or maintenance purposes. If after one (1) year the memorial marker has been removed for any reason, it may be replaced by following the initial request procedure above. Memorial markers will be constructed and installed by the County within the right of way limits on County roads only in accordance with Attachment A. No other roadside decorations or ornaments will be allowed. All added ornamentation shall be promptly removed and discarded by the County. Memorial markers will not be allowed within the limits of active construction work zones. A request for a memorial marker may be made at a later time after completion of construction. While the memorial marker is in place, there shall be no roadside activities that pose a safety hazard to the public or violate any provisions of Chapter 316 concerning stopping, standing, parking or obstruction of traffic on public roads. A memorial marker will be removed as directed by the County Engineer if the safety of the traveling public or maintenance personnel is jeopardized due to roadside marker activities. It is understood, particularly for urban area curb and gutter sections, the memorial marker may not necessarily be placed at the exact location of the fatality due to restricted space/right of way, property Packet Pg. 77 8.C.5.b owner complaints, or other constraints. Exact location will be as directed by the County Engineer in coordination with the Road and Bridge Manager. 2. MARKER DESIGN/INSTALLATION (See Attachment A) The memorial marker shall consist of a 15" diameter round aluminum sign panel with engineering grade sign sheeting with a white background, and black letters. Date of memorial marker installation shall be marked on the back of the sign panel. The marker shall be located at the outside edge of the mowing limits. The post for installing a memorial marker shall be a standard five (5) ft. metal u-channel post (less than four (4) lb./ft.). Placement of the deceased's name on the memorial will be at the immediate family's option. No additional decorations or ornaments will be allowed. Packet Pg. 78 8.C.5.b Attachment A St. Lucie County Highway Safety Memorial Marker 15" Packet Pg. 79 8.C.5.c REQUEST FOR INSTALLATION OF MEMORIAL MARKER Name to Appear on Marker Date of Request LOCATION Date of Accident City & County Where Accident Occurred Name or Number of County Road Where Accident Occurred Description of Location (which side of road, landmarks, etc.) PERSON MAKING THE REQUEST L d L C� G �L 0 m a� ca 0 o� rn LO r O N d) w Name Signature (print) Email Address City State Zip Phone ( ) Relationship to the Deceased (Note: If friend only, you must submit written permission by a family member with signature and contact information) FOR DEPARTMENT USE ONLY County Road No./Name Date Marker Installed Approved By Signature Nearest Cross Street Address/GPS (print) Title Phone ( This Memorial Marker will remain at this location for a minimum of 1 year from the installation date. Any additional ornaments or decorations placed at this marker will not be allowed. The County reserves the right to remove this marker at any time it deems necessary. Packet Pg. 80 8.C.6 ITEM NO. (ID # 2912) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY Porpoise Beach Access - Exchange for Alternate Beach Access Property The County owns property near where the City of Fort Pierce Porpoise Beach Access is located. The beach access is approximately one hundred ten (110') wide and is shown on the attached map in green. The County obtained the property by Warranty Deed dated September 8, 1967. The owner of the property next to the County owned property ("Russ") as shown in fuchsia has proposed to convey property to the County that is approximately one hundred five (105') wide in exchange for the County's conveyance of the County owned property, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment projects, to Russ. On November 18, 2014 the Board of County Commissioners directed staff to proceed with the Public Hearing on the proposed exchange. On December 16, 2014 the Board of County Commissioners approved Resolution No. 2014-230 authorizing the exchange. The Agreement with Drew K. Russ is attached for your review and consideration. The Agreement with the City of Fort Pierce was approved by the City Commission on May 18, 2015 and is attached for your review and consideration. PREVIOUS ACTION: November 18, 2014 - Board of County Commissioners directed staff to proceed with the Public Hearing on the proposed exchange. December 16, 2014 - Board of County Commissioners approved Resolution No. 2014-230 authorizing an exchange of land between St. Lucie County and Drew K. Russ. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 81 8.C.6 Staff recommends as previously directed in Resolution No. 2014-230, authorization for the Chair to execute the Agreements and direct staff to proceed with the due diligence necessary to exchange the properties. COMMISSION ACTION: Coordination/Signatures 4 Danie 5. McIntyre, C my ttorney 6/8/2015 Updated: 6/10/2015 2:26 PM by JoAnn Riley Page 2 Packet Pg. 82 8.C.6.a nV V �n'Kes�u«s South Beach Lot Exchange �r C.."t, , . i Owner:�408 S Ocean Dr Owners Assoc. Inc. z PCID_2401-502-0004-000-6 0.30 acres m o m a y v2 Owner: St Lucie County 'o PCID 2401-502-0006-000-0 acres m x 2014Assessed Value w 0 `o r a N Owner: D Fewl KA Russ N PCID 2401-502-0008-000-4 a 0.18 acres 2014 Assessed Value $200.500 i� 2 Owner: Drew K. Russ o PCID 2401-502-0009-000-1 J 0.18 acres co 2014 Assessed Value $200,500 d d - E PORPOISE Porpoise Beach i Jr Access Q 0.26 acres t 0 County Owned Parcel - Privately Owned Parcel 0 25 50 100 150 200 Packet Pg. 83 8.C.6.b RESOLUTION NO.2014-230 A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND DREW K. RUSS (A PRIVATE OWNER) OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE CHAIR OF THE COUNTY COMMISSION TO EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Drew K. Russ is the owner of property located on the East side of State Road A-1-A, approximately 1,920 feet south of Seaway Drive, in the R4A Zoning District, more Q particularly described in PART A below; and, a� WHEREAS, the property described in PART A below includes one hundred five (105) 00 m linear feet of accessible oceanfront property; and, o a L 0 WHEREAS, St. Lucie County is the owner of property, more particularly described in a PART B below, and more commonly referred to as "Palm Haven Beach" which consists of r Cn approximately one hundred ten (110) linear feet of accessible oceanfront property dedicated to N St. Lucie County by Warranty Deed on September 8, 1967; and, M WHEREAS, the City of Fort Pierce is the owner of the property, more particularly described in PART C below, and more commonly referred to as "Porpoise Beach Access"; and, WHEREAS, the Drew K. Russ has clear title to the property described below in PART A and has agreed to convey said property by Warranty Deed, free and clear of all encumbrances, to St. Lucie County; and, WHEREAS, the property described in PART A below is valued at $250,000 by Fuller- Armfield-Wagner and $266,000 by Deighan Consultants; and, WHEREAS, Drew K. Russ wishes to exchange the 105 linear feet of oceanfront property, as described in PART A below, for 110 linear feet of oceanfront property owned by St. Lucie County, as described in PART B below; and, WHEREAS, the Board of County Commissioners of St. Lucie County Commission has determined that an exchange of the 110 linear feet of public beach accessible oceanfront property described in PART B with the 105 linear feet of accessible oceanfront property described below in PART A serves a valid public purpose by providing for a larger beach access for the citizens of St. Lucie County; and, Page 1 of 4 Packet Pg. 84 8.C.6.b WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to exchange property described below in PART B for the property described below in PART A; and, WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described exchange of property to be for public purpose and in the best interest of the citizens of St. Lucie County; and, WHEREAS, the Board caused the above described exchange of property to be advertised for Public Hearing and said Public Hearing was held on December 16, 2014 pursuant to Section 125.37, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida; Section 1: Exchange Authorized The 105 linear feet of public beach accessible oceanfront property described below in PART A shall be exchanged for the 110 linear feet of public beach accessible oceanfront property described in PART B. PART A LEGAL DESCRIPTION FOR DREW K. RUSS PROPERTY TO BE EXCHANGED FOR COUNTY PROPERTY: Lots 8 and 9, Block 1 of REVISED PLAT OF PALM HAVEN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page(s) 44, of the Public Records of St. Lucie County, Florida, LESS that portion lying East of line described in Plat Book 14, Page 48 of the Public Records of St. Lucie County, Florida. Parcel ID 2401-502-0008-000-4 and 2401-502-0009-000-1. PART B LEGAL DESCRIPTION FOR COUNTY PROPERTY TO BE EXCHANGED FOR DREW K. RUSS PROPERTY: Lots 6 and 7, Block 1, Palm Haven Subdivision, Unit One, according to the revised Plat thereof as recorded in Plat Book 8, Page 44, of the Public Records of St. Lucie County, Florida. Parcel ID 2401-502-0006-000-0. Page 2 of 4 Packet Pg. 85 8.C.6.b PART C LEGAL DESCRIPTION OF CITY OF FORT PIERCE PROPERTY: A 60' right-of-way in Block 1 labeled Palma Avenue, REVISED PLAT OF PALM HAVEN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page(s) 44, of the Public Records of St. Lucie County, Florida now known as Porpoise Beach Access. The exchange is subject to: 1. The County obtaining a Title Insurance Commitment and Policy that insures title to PART A and PART B to be free and clear of all liens and encumbrances. 2. The County obtaining a Boundary Survey of PART A certified to the County and the title insurer issuing the Commitment and Policy referenced in Paragraph 1a which survey reflects no easements or encroachments. 3. A Phase I Environmental Site Assessment of PART A certified to the County which reflects no evidence of hazardous waste contamination on PART A. 4. The County conveying PART B to DREW K. RUSS by County Deed in recordable form, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment projects. 5. The County and the City of Fort Pierce executing a Donation Agreement which Agreement provides for the County to convey the property described in PART A to the City of Fort Pierce for expansion of the City's Porpoise Beach Access. The Deed will contain a reverter clause in the event the City does not construct public access improvements on the property described in PART A within five (5) years from the date of the Deed. Section 2: Authority of Board of County Commissioners The Chair of the Board of County Commissioners for St. Lucie County is hereby authorized to execute any and all Deeds or other instruments necessary to effectuate the exchange authorized by this Resolution. a� L) Q a� m m 0 a L 0 a N r N Page 3 of 4 Packet Pg. 86 8.C.6.b Section 3: Severability In the event a Court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intent to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4: Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. Q After motion and second, the vote on this Resolution was as follows: m a) Chair Paula A. Lewis AYE °� L Vice Chairman Kim Johnson AYE ° a Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE N Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 16th day of December, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: � Page 4 of 4 County Packet Pg. 87 8.C.6.c AGREEMENT BETWEEN DREW K. RUSS AND ST. LUCIE COUNTY TO EXCHANGE REAL PROPERTY THIS EXCHANGE AGREEMENT (hereinafter "Agreement") is entered into by and between DREW K. RUSS, whose address is 4025 Lawnview Avenue, Pittsburgh, Pennsylvania 15227 (hereinafter "Russ"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. WITNESSETH: WHEREAS, the County is an owner of a parcel of real property (henceforth "County Parcel") situate and being in St. Lucie County, Florida, more particularly described as follows: Parcel ID 2401-502-0006-000-0 - Lots 6 and 7, Block 1, Palm Haven Subdivision, Unit One, according to the revised Plat thereof as recorded in Plat Book 8, Page 44, of the Public Records of St. Lucie County, Florida. WHEREAS, Russ is the owner of two parcels of real property (hereinafter "Russ") situate and being in St. Lucie County, Florida. Such property is more particularly described as follows: Parcel ID 2401-502-0008-000-4 and 2401-502-0009-000-1 - Lots 8 and 9, Block 1 of REVISED PLAT OF PALM HAVEN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page(s) 44, of the Public Records of St. Lucie County, Florida, LESS that portion lying East of line described in Plat Book 14, Page 48 of the Public Records of St. Lucie County, Florida. WHEREAS, the County and Russ wish to exchange their respective parcels of real property described herein (known respectively as the County parcel and the Russ parcel). NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and agreements herein contained, the parties agree as follows: 1. PROPERTY AND APPURTENANCES: The properties, as more particularly described herein, are to be conveyed together with all tenements, hereditaments and appurtenances thereunto belonging, all of which shall be deemed part and parcel of the properties. 2. FEASIBILITY DETERMINATION: Each party shall have 60 days from the effective date hereof to determine the feasibility of the exchange (hereinafter "Feasibility Determination"). During the Feasibility Determination Period, each party may undertake at their respective expense, such physical inspections, tests and other investigations as may be deemed necessary in order to evaluate the feasibility of the exchange of parcels. For purposes of undertaking physical inspections, tests or investigations of the properties, each party grants to the other, its agents, and professionals engaged by such parties, the right to enter upon the Page 1 of 6 Packet Pg. 88 8.C.6.c other party's parcel(s) and any part thereof during the Feasibility Determination. The presence on the party of such personnel shall be only for the purpose of conducting such inspections, tests or investigations as are necessary to make the assessments which are within the scope of this Agreement, and no other personnel activity shall be permitted. Any alternations or changes to the properties that are a direct result of the inspecting, testing and investigations will be repaired and replaced by the offending party if a closing does not occur. Each party indemnifies the other against any loss or damages to the other party's parcel(s) arising out of, or in connection with, any inspection, testing or investigation of the property. The indemnification shall not cover any loss or damage due to preexisting conditions, problems or deficiencies of the property that are discovered through the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to exchange parcels shall be at the sole discretion of each party. If either party determines that it is not feasible to exchange parcels, then that party may terminate this Agreement by giving written notice of termination to the other party prior to the expiration of the Feasibility Determination. 3. TITLE EVIDENCE: Within 10 days of the effective date, as hereinafter defined, each party shall cause a thirty (30) year title search and a commitment for title insurance to be issued for the property they desire to own and provide the other with copies of the same. Each party shall have until the expiration of the Feasibility Determination Period to examine the search and commitment delivered to them and to notify the other party in writing specifying any objections which would render title unmarketable in accordance with current Uniform Title Standards adopted by the Florida Bar (hereinafter "Title Defect"). The notified party shall have until the closing date to remove such Title Defect, but without obligation to bring suits therefore, or to expend any funds in the removal of such Title Defect, and if notified parties are unsuccessful in removing same, the other party shall have only the options of (a) waiving such Title Defect and accepting title as it is, or (b) terminating the Agreement, or (c) entering into any resolution which may be mutually acceptable to the parties. 4. RESTRICTIONS, EASEMENTS, AND LIMITATIONS: The parties shall take title subject to: zoning, restrictions, prohibitions and other agreements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility easements of record, zoning classifications and such other provisions of governmental regulation as are applicable. But any other provision herein notwithstanding, it is nevertheless agreed by the respective parties as follows: (a) Easement in Favor of County: The County shall retain an easement for access for beach renourishment purposes, which easement is to allow the County to use such property for beach renourishment activities such as beach and dune restoration. Except as otherwise disclosed in this Agreement, each party, with respect to the parcel(s) it is conveying, represents and warrants to the other as follows, which representations and warranties survive closing: (a) That it has good, marketable fee simple title to, and is in possession of, the parcel(s) free and clear of all liens, security interest and encumbrances, excluding Page 2 of 6 Packet Pg. 89 8.C.6.c only those: (i) Which will be satisfied or released at closing; and (ii) To which the other party's title shall be subject as otherwise provided in this Agreement. (b) That there is ingress and egress to the parcel(s). (c) That there is no litigation or proceeding pending or threatened against or relating to the parcel(s). (d) That is has full power and authority to enter into and perform this Agreement in accordance with its terms and the completion of this transaction will not violate any law, regulation or agreement affecting it or the parcel(s) it is conveying. S. POSSESSION: Possession of the property shall be delivered at the time of closing. 6. AS IS: Subject to the specific representations, warranties and disclosures contained in this Agreement, the property is conveyed "As -Is", "Where -Is" and "With All Faults" as of the closing date. Each party has, or will inspect the parcel(s) being acquired and is familiar, or will become familiar with, the physical condition thereof. 7. CLOSING: (a) Closing Date: The closing of this Agreement and the transfer of title and possession of the property, shall occur within 30 days after the expiration of the Feasibility Determination Period (hereinafter "Closing Date") unless otherwise extended by the terms herein. Closing shall be held within the County as a site agreeable to the parties or by mail. (b) Conveyance: Conveyance of the parcels shall be by Special Warranty Deed from Russ, and by County Deed in accordance with Section 125.411, Florida Statutes from the County. (c) Documents for Closing: The closing agent designated by the County shall prepare the closing documents including, but not limited to, the Deeds, the Ownership and Lien Affidavits, the Certificates of Non -Foreign Status, and the Closing Statement. (d) Allocation of Expenses: Each party, with respect to the parcel(s) it is acquiring, shall pay the cost of recording the Deed. Each party, with respect to the parcel(s) it is conveying, shall pay the cost of recording corrective instruments. Each party shall pay its respective attorney's fees. 8. DEFAULTS: (a) Notice of Default: No default as to any provision of this Agreement shall Page 3 of 6 Packet Pg. 90 8.C.6.c be claimed or charged by either party hereto against the other until notice thereof has been given to the defaulting party in writing, and such default remains uncured for a period of five (5) business days after the defaulting party's receipt of such notice. (b) Remedy for Default: If either party defaults on its obligations under this Agreement, without fault on the part of the other party, the non -defaulting party may terminate this Agreement, or alternatively, may seek specific performance against the defaulting party. Both parties agree that any action for specific performance shall be commenced within ninety (90) days of the occurrence of default or be forever barred. Under no circumstances shall either party have any claim or right of claim against the other party for monetary damages, including attorney's fees. 9. MISCELLANEOUS: (a) Binding Effect; Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns, if any. (b) Assignment: This Agreement may not be assigned except upon the prior written consent of the other party. (c) Captions: The caption for each paragraph or subparagraph of this Agreement is for convenience and reference only and in no way defines, describes, extends or limits the scope or intent of this Agreement, or the intent of any provision hereof. (d) Severability: If any provision of this Agreement, the deletion of which would not materially adversely affect the material benefits receivable by any party hereunder or substantially increase the burden of any party hereto, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. (e) Execution of Documents: Each party hereto covenants and agrees that such party will at any time and from to time do such acts and execute, acknowledge and deliver such documents, including corrective instruments, reasonably requested by one part of the other party, or their counsel, necessary to carry out fully and effectuate the exchange contemplated and to convey good, marketable and insurable title to the property and all parts thereof. (f) Duplicate Execution: The parties shall execute two (2) copies of this Agreement, so that each may retain an original copy thereof in its official records. (g) Conflict Resolution: In the event it shall be necessary for either party to this Agreement to bring suit to enforce any provision hereof (before or after closing), the parties shall first avail themselves of such pre -suit remedies as are provided by law. Page 4 of 6 Packet P9. 91 8.C.6.c (h) Entire Agreement; Amendments: This Agreement contains the entire and sole understanding between the parties hereto relative to the exchange of parcels and it may only be amended or modified by an agreement in writing executed by all parties with the same formalities as this Agreement. (i) Notices: All notices and correspondence shall be (i) hand delivered (with signed acknowledgement of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, (iii) delivered by overnight carrier with signed acknowledgement of receipt, or (iv) delivered by telephonically transmitted facsimile with confirmation of transmission. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the address set forth below or at such other addresses as the parties hereto shall designate to each other in writing: (i) if to County, to: St. Lucie County Attn: Howard Tipton County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 with copies to: St. Lucie County County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 (ii) If to Russ: Drew K. Russ 4025 Lawnview Avenue Pittsburgh, Pennsylvania 15227 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days (excluding Sundays and holidays) after the same is deposited in the United States Mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand -delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery if delivery is not accepted) of the same at the address where the same is to be given, delivered or made. Any such notice, demand or document delivered by means of telephonically transmitted facsimile shall be deemed to be given, delivered or made upon receipt provided that any such receipt occurring on a Saturday, Sunday, holiday or after 5:00 p.m. on any business day shall be deemed to have occurred the next following business day. (j) Interpretation:_ This Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement shall be given fair and reasonable interpretation in accordance En a) U U Q U M a) CO a) A a a 0 a N Page 5 of 6 Packet Pg. 92 8.C.6.c with the words used herein without consideration or weight being given to its having been drafted by either party hereto or their respective counsel. (k) Non -Waiver: No covenant, term, or condition (or the breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof) shall not be deemed to be a waiver of any other covenant, term or condition (or breach thereof). (1) Effective Date: This Agreement shall be effective ("Effective Date") upon approval of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates accompanied by their respective executions. Drew K. Russ Date: 05, • / 8 • /S ATTEST: Sue Korunow Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS Daniel S. McIntyre, Esq. County Attorney ST. LUCIE COUNTY, a political subdivision of the State of Florida Paula A. Lewis, Chair Date: Page 6 of 6 Packet Pg. 93 8.C.6.d AGREEMENT BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY TO DONATE REAL PROPERTY THIS DONATION AGREEMENT (hereinafter "Agreement") is entered into by and between THE CITY OF FORT PIERCE, FLORIDA, a municipal corporation, whose address is 100 North U.S. Highway 1, Fort Pierce, Florida 34950 (hereinafter "City"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. WITNESSETH: WHEREAS, the County is an owner of two parcels of real property (henceforth "Russ Parcel") situate and being in St. Lucie County, Florida, more particularly described as follows: Parcel ID 2401-502-0008-000-4 and 2401-502-0009-000-1 - Lots 8 and 9, Block 1 of REVISED PLAT OF PALM HAVEN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page(s) 44, of the Public Records of St. Lucie County, Florida, LESS that portion lying East of line described in Plat Book 14, Page 48 of the Public Records of St. Lucie County, Florida. WHEREAS, the City is the owner of a parcel of real property (hereinafter "Porpoise Beach") situate and being in St. Lucie County, Florida. Such property is more particularly described as follows: A 60' right-of-way in Block 1 labeled Palma Avenue, REVISED PLAT OF PALM HAVEN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page(s) 44, of the Public Records of St. Lucie County, Florida now known as Porpoise Beach Access. WHEREAS, the County wishes to donate the Russ parcel to the City. NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and agreements herein contained, the parties agree as follows: 1. PROPERTY AND APPURTENANCES: The Russ Parcel, as more particularly described herein, will be conveyed together with all tenements, hereditaments and appurtenances thereunto belonging, all of which shall be deemed part and parcel of the Russ Parcel. 2. FEASIBILITY DETERMINATION: The City shall have 20 days from the City's receipt of the Boundary Survey and the Phase I Assessment to determine the feasibility of the donation (hereinafter "Feasibility Determination"). During the Feasibility Determination Period, the City may undertake at its respective expense, such physical inspections, tests and Page 1of7 S:\ACQ\W P\J oAn n\Pa I m H ave n B ea c h Swa p\D o n atio nAg ree m e ntw ith Fo rtP ie rce Packet Pg. 94 8.C.6.d other investigations as may be deemed necessary in order to evaluate the feasibility of the donation. For purposes of undertaking physical inspections, tests or investigations of the properties, the County grants to the City, its agents, and professionals engaged by such parties, the right to enter upon the Russ Parcel and any part thereof during the Feasibility Determination. The presence on the party of such personnel shall be only for the purpose of conducting such inspections, tests or investigations as are necessary to make the assessments which are within the scope of this Agreement, and no other personnel activity shall be permitted. Any alternations or changes to the properties that are a direct result of the inspecting, testing and investigations will be repaired and replaced if a closing does not occur. Each party indemnifies the other against any loss or damages to the other party's parcel(s) arising out of, or in connection with, any inspection, testing or investigation of the property. The indemnification shall not cover any loss or damage due to preexisting conditions, problems or deficiencies of the property that are discovered through the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to accept the donation of the Russ Parcel shall be at the sole discretion of the City. If the City determines that it is not feasible to accept the donation of the Russ Parcel then this Agreement will be terminated. 3. TITLE EVIDENCE: Within 10 days of the effective date, as hereinafter defined, the County shall cause a thirty (30) year title search and a commitment for title insurance to be issued for the Russ Parcel. The City shall have until the expiration of the Feasibility Determination Period to examine the search and commitment delivered to them and to notify the other party in writing specifying any objections which would render title unmarketable in accordance with current !Uniform Title Standards adopted by the Florida Bar (hereinafter "Title Defect"). The County shall have until the closing date to remove such Title Defect, but without obligation to bring suits therefore, or to expend any funds in the removal of such Title Defect, and if the County is unsuccessful in removing same, the other party shall have only the options of (a) waiving such Title Defect and accepting title as it is, or (b) terminating the Agreement, or (c) entering into any resolution which may be mutually acceptable to the parties. 4. RESTRICTIONS, EASEMENTS, AND LIMITATIONS: The City shall take title subject to: zoning, restrictions, prohibitions and other agreements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility easements of record, zoning classifications and such other provisions of governmental regulation as are applicable. But any other provision herein notwithstanding, it is nevertheless agreed by the respective parties as follows: (a) Reverter: The Russ Parcel to be donated must be used henceforth by the City solely for public purposes. In addition, the City agrees to incorporate the Russ Parcel as part of the City's Porpoise Beach Park and construct parking and access improvements on the Russ property within five (5) years from the date of the Deed. In the event the substantial, predominant use to be made of such property is for a use other than a public purpose, or in the event the City fails to construct access and parking on the Russ Parcel within the five (5) year period, then, in that event, such property shall revert to the County. Page 2 of 7 S:\ACQ\W P\1oAnn\PalmHavenBeachSwap\DonationAgreementwithFortPfierce Packet Pg. 95 8.C.6.d (b) Easement in Favor of County: The County shall retain a 20' easement along the northern parcel boundary for access for beach renourishment purposes, which easement is to allow the County to use such property for beach renourishment activities such as beach and dune restoration. The easement will contain a clause that the City will endeavor not to build any improvements or structures within the easement area. The easement will also provide that the County will restore landscaping within the easement area if access is required. Except as otherwise disclosed in this Agreement, the County, with respect to the parcel(s) it is conveying, represents and warrants to the other as follows, which representations and warranties survive closing: (a) That it has good, marketable fee simple title to, and is in possession of, the parcel(s) free and clear of all liens, security interest and encumbrances, excluding only those: (i) Which will be satisfied or released at closing; and (ii) To which the other party's title shall be subject as otherwise provided in this Agreement. (b) That there is ingress and egress to the parcel(s). (c) That there is no litigation or proceeding pending or threatened against or relating to the parcel(s). (d) That is has full power and authority to enter into and perform this Agreement in accordance with its terms and the completion of this transaction will not violate any law, regulation or agreement affecting it or the parcel(s) it is conveying. 5. POSSESSION: Possession of the property shall be delivered at the time of closing. 6. AS IS: Subject to the specific representations, warranties and disclosures contained in this Agreement, the property is conveyed "As -Is", "Where -Is" and "With All Faults" as of the closing date. Each party has, or will inspect the parcel(s) being acquired and is familiar, or will become familiar with, the physical condition thereof. 7. CLOSING: (a) Closing Date: The closing of this Agreement and the transfer of title and possession of the property, shall occur within 30 days after the expiration of the Feasibility Determination Period (hereinafter "Closing Date") unless otherwise extended by the terms herein. Closing shall be held within the County at a site agreeable to the parties or by mail. Page 3 of 7 S:\ACQ\W P\1oAnn\PaImHave nBeachSwap\DonationAgreementwithFortPierce Packet Pg. 96 8.C.6.d (b) Conveyance: Conveyance of the parcel shall be by County Deed in accordance with Section 125.411, Florida Statutes from the County. (c) Documents for Closing: The closing agent designated by the County shall prepare the closing documents including, but not limited to, the Deed, the Ownership and Lien Affidavit, the Certificate of Non -Foreign Status, and the Closing Statement. (d) Allocation of Expenses: The County shall pay the cost of recording the Deed. Each party shall pay its respective attorney's fees. 8. DEFAULTS: (a) Notice of Default: No default as to any provision of this Agreement shall be claimed or charged by either party hereto against the other until notice thereof has been given to the defaulting party in writing, and such default remains uncured for a period of five (5) business days after the defaulting party's receipt of such notice. (b) Remedy for Default: If either party defaults on its obligations under this Agreement, without fault on the part of the other party, the non -defaulting party may terminate this Agreement, or alternatively, may seek specific performance against the defaulting party. Both parties agree that any action for specific performance shall be commenced within ninety (90) days of the occurrence of default or be forever barred. Under no circumstances shall either party have any claim or right of claim against the other party for monetary damages, including attorney's fees. 9. MISCELLANEOUS: (a) Binding Effect; Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns, if any. (b) Assignment: This Agreement may not be assigned except upon the prior written consent of the other party. (c) Captions: The caption for each paragraph or subparagraph of this Agreement is for convenience and reference only and in no way defines, describes, extends or limits the scope or intent of this Agreement, or the intent of any provision hereof. (d) Severability: If any provision of this Agreement, the deletion of which would not materially adversely affect the material benefits receivable by any party hereunder or substantially increase the burden of any party hereto, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. Page 4 of 7 5:\ACQ\W P\JoAnn\Palm Haven Beachswap\DonationAgreementwithFortPierce Packet Pg. 97 8.C.6.d (e) Execution of Documents: Each party hereto covenants and agrees that such party will at any time and from to time do such acts and execute, acknowledge and deliver such documents, including corrective instruments, reasonably requested by one part of the other party, or their counsel, necessary to carry out fully and effectuate the exchange contemplated and to convey good, marketable and insurable title to the property and all parts thereof. (f) Duplicate Execution: The parties shall execute two (2) copies of this Agreement, so that each may retain an original copy thereof in its official records. (g) Conflict Resolution: In the event it shall be necessary for either party to this Agreement to bring suit to enforce any provision hereof (before or after closing), the parties shall first avail themselves of such pre -suit remedies as are provided by law and as are applicable, including but not limited to the Florida Governmental Conflict Resolution Act. (h) Entire Agreement; Amendments: This Agreement contains the entire and sole understanding between the parties hereto relative to the exchange of parcels and it may only be amended or modified by an agreement in writing executed by all parties with the same formalities as this Agreement. (i) Notices: All notices and correspondence shall be (i) hand delivered (with signed acknowledgement of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, (iii) delivered by overnight carrier with signed acknowledgement of receipt, or (iv) delivered by telephonically transmitted facsimile with confirmation of transmission. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the address set forth below or at such other addresses as the parties hereto shall designate to each other in writing: (i) if to County, to: St. Lucie County Attn: Howard Tipton County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 with copies to: St. Lucie County County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Page 5 of 7 5:\ACQ\W P\1oAnn\PaImHavenBeachSwap\DonationAgreementwithFortPierce Packet Pg. 98 8.C.6.d (ii) If to City, to: City of Fort Pierce Attn: Robert Bradshaw City Manager 100 North U.S. Highway 1 Fort Pierce, Florida 34950 with copies to: City of Fort Pierce Attn: Robert V. Schwerer, Esq. City Attorney 100 North U.S. Highway 1 Fort Pierce, Florida 34950 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days (excluding Sundays and holidays) after the same is deposited in the United States Mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand -delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery if delivery is not accepted) of the same at the address where the same is to be given, delivered or made. Any such notice, demand or document delivered by means of telephonically transmitted facsimile shall be deemed to be given, delivered or made upon receipt provided that any such receipt occurring on a Saturday, Sunday, holiday or after 5:00 p.m. on any business day shall be deemed to have occurred the next following business d ay. (j) Interpretation: This Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement shall be given fair and reasonable interpretation in accordance with the words used herein without consideration or weight being given to its having been drafted by either party hereto or their respective counsel. (k) Non -Waiver: No covenant, term, or condition (or the breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof) shall not be deemed to be a waiver of any other covenant, term or condition (or breach thereof). (1) Effective Date: This Agreement shall be effective ("Effective Date") upon approval of both parties. Page 6 of 7 S:\ACQ\W P\JoAnn\Pa I mHave n BeachSwa p\DonationAgreementwith FortPie rce Packet Pg. 99 8.C.6.d IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates accompanied by their respective executions. ATTEST: Linda Cox, City Clerk FORM AND CORRECTNESS Robert V! Schwerer, Esq' City Attorney ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS County Attorney CITY OF FORT PIERCE, FLORIDA, a Florida Municipal Corporation Linda Hudson, Mayor Date: ST. LUCIE COUNTY, a Political Subdivision of the State of Florida Chair Date: Page 7 of 7 S:\ACQ\WP\J oAn n\PaimHaven BeachSwa p\DonationAgree mentwith FortP ierce Packet Pg. 100 8.C.7 ITEM NO. (ID # 2900) AGENDA REQUEST TO: Board of County Commissioners DATE: 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Contracts for Sale and Purchase - San Lucie Plaza Drainage Improvement Project - James Murphy - Parcels 1428-702-0971-000-9 and 1428-702- 0974-000-0 - 534 Decker Road, LLC - Parcel 1428-702-0976-000-4 BACKGROUND: St. Lucie County has designed, engineered and constructed storm water improvement projects to improve water quality and protect vital resources in the Indian River Lagoon and St. Lucie County's natural surface water bodies. The San Lucie Plaza Drainage Improvement Project is an important piece in the County's continuing effort to reduce the amount of pollutants that are detrimental to the Indian River Lagoon, which State and Federal Environmental Agencies have identified as a priority surface water body. San Lucie Plaza was platted in 1925 and began to develop in 1960's before State Water Quality Regulations were developed. The area has a poor storm water conveyance system and no storm water treatment or flood attenuation. During the rainy season storm water discharges into Canal 1, Taylor Creek and into the Indian River Lagoon. This drainage project will pre -treat and convey storm water into drainage swales. The County will resurface the community's dirt roads with asphalt millings. The millings will reduce dust and runoff until the roads can be re -graded and paved in future phases. Callaway and Price, Inc. prepared appraisals in October of 2014 for parcels owned by James Murphy and 534 Decker Road, LLC. Mr. Murphy owns two parcels, and the County offered him $21,000.00. Mr. Murphy counter offered at $25,000.00. Callaway and Price said the counter offer was within the range of value. The County offered to purchase 534 Decker Road, LLC for $17,500.00. 534 Decker Road, LLC counter offered with $30,000.00. Callaway and Price said the counter offer was within the range of value and they found new sales in the area. PREVIOUS ACTION: August 2014 - Grant Application submitted to St. Lucie River Issues Team Surface Water Restoration for San Lucie Plaza Drainage Improvement Project. March 3, 2015 - Board of County Commissioners approved Contracts for Sale and Purchase from Miss Barnes, Herman Mitchell, Sr. and Mr. and Mrs. Thomas. Packet Pg. 101 8.C.7 FINANCIAL IMPACT: The property acquisition cost of $55,000 is available within the Storm Water MSTU Fund (Account #102001-3725-561000-124602). RECOMMENDATION: Staff recommends that the Board accept the Contracts from James Murphy and 534 Decker Road, LLC, authorize the Chair to sign the Contracts and direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 6/5/2015 Updated: 6/4/2015 12:15 PM byJoAnn Riley Page 2 Packet Pg. 102 `•' CONTRACT PROPERTIES 2 3 4 5 1 2 3 5 3 2 t ! :3 ~LVOIE VF. IJ E� ! ` 2 3 ; g 'f Z 3 4 S mr 1 2 3 4 5 1 2 3 r1 �. 35 5 ,S a 35 6 35 fi to g[ 7 34 7 34 7 34 to O ' 7 ` 31 d :d ii 33 a 33 e ' 33 a 8 17 1 ii 32 32 9 32 32 6 1E C 9 G 31 1p 31 19 1p 91 16 15 i I{ .-11 f' F !!30 it 30 - 30 f ii i¢¢l 30 91 ! u p 12 29 12 29 72 ;20 tz 13 1 I 7 13 29 t3 28 13 1325 C i P7 14 27 14 27 14 22 L I 19 25 15 16 15 2a 75 N 25 �. 21 25 25 19 25 to 15 20 ai 24 77 24 t7 74 77 - 24 17 19 .3 I 23 14 23 O 1a 23 is 23 1a t8 J !I22 16 22 19 Q. .. ! 22 -- - 1e 17 in 22 21 21 20 21 70 21 20 t6 (n +, v �! m j C 1 `� LU 24 24 14 !� ti 24 Q 24 ,! 23 2 23 2 e3 2 23 2 is .. O O {t A if S} Q - 22 3 22 3 22 3 3 ' 22 21 4 CL 4 21 `;! , ; IHUGO-Ro Sp 5 20 20 r 20 5 0 C i1 19 .,_. - E t9 a 79 8 10 B 1e r� 7 :a r 1e r to r _..._......1., J 1 17 8 17 8 f0 6 iS � ! 9 1B 9 1fi 9 V IL l a tz 75 10 15 10 15 10 LU > 13 C 11': � N 14 $1 i1 t1 i4 17 14 .', 12 13 12 !: f3 14 t3 12 ._ t5 2Q 1 1g t 6 } 16 10 _ 1B 7 12 2 3 _ 17 1 i3 9 1a 3 11 3 2 14 S ]i 4 14 t i a 17 4 to 4 7 18 5 8 5 3 2p CfiSG LAWER 9cvoe CAimry++i�IAWW?1r+IrfaV. rewesanlalsnorpiarantytlw[Ifa wkek, YGlfxxl q', knefren rHmm�'.wmeeedaeyd M�9reWla nlwrrvlbnim+ka�hanY� Ilra reatlm ahorld nd reR'mlhe data pwimdiserrin hrr Wry rC9i0,�61-LUdACMr^IY hCIlYesrFalmaarl raPnlaGmaa[dwnames. nd'utlYry. uihoN imwlbn the YnA� p 0.0075).{116 0.03 0.645 D.OB res p} m�vG hawaptlM Wd hapµ (pr a pyfiryly p,npu{a. 9. Lew GavQ isal aa�e rw JaEATy !a: f . My errors, arrisacm, ¢r naceu7uy* 4+l+a Miles aharwaaw Pnsvtic4 rapuHess e1 norr caysea; « 2 nnY eetisen rive aeartlnn lnen urns: �eken br nny n.eus h re`,nu :qun r�nv ryu�ragan or eau rurnbf+w herewder. Packet Pg. 103 8.C.7.b PROJECT NAME: San Lucie Plaza Drainage Improvements PARCEL: lames D. Murphy- Parcel 1428-702-0971-00019 and Parcel 1428-702-0974-00010 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2015, James D. Murphy, whose mailing address is P.O. Box 194 Jupiter, FL 33468 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. e full purchase price Twenty-five Thousand and 001100Do1ars,,1,.,_ determined to be the rounded total of the following: ($25,000.00) Real Property Parcel I.D. 1428-702-0974-00010 $12,500.00 Real Property Parcel I.D. 1428-702-0971-00019 $12,500.00 Payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing, 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a 1 Packet Pg. 104 8.C.7.b date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE.CU r SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and o encumbrances except, taxes for the current year, and zoning ordinances. N cu L 5. LIENS. o All certified liens or assessments and any pending liens for which work has a been completed prior to the date of this contract, shall be paid by SELLER. r SELLER shall make and deliverto PURCHASER a Mechanic's No -Lien Affidavit as to realty. G. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges E for the day of closing shall belong to and be borne by the SELLER. r r a 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this 2 Packet Pg. 105 8.C.7.b contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before July 17, 2015 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 3 Packet Pg. 106 8.C.7.b 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignorshall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 4 Packet Pg. 107 8.C.7.b 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close s Packet Pg. 108 8.C.7.b this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day 6 Packet Pg. 109 8.C.7.b STATE OF COUNTY OF A4A�at The foregoing instrument was acknowledged before me this day of ,D� , 2015, byD4e who is personally known to me or who has produced a driver's license issued wi �i�n the last five ears as identification. p Y Notary Public My Commission Expires (Printed, Typed or Stamped Z.- Notary Public Stateo#Florida Name of Notary Public) Anne M ,conesMy Commission EE131497 Sxpires09/19/2015 EXECUTED by PURCHASER this day of , 2015 ATTEST; BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ATA DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 Packet Pg. 110 8.C.7.b EXHIBIT "`A" LEGAL DESCRIPTION Parcel 1: Lots 1 and 2 and the West 1/2 of Lot 3, Block 47, SAN LUCIE PLAZA UNIT ONE, according to the Plat thereof, as recorded in Plat Book 5, at Page 57, of the Public Records of St. Lucie County, Florida. Parcel 2: The East 1/2 of Lot 3, and all of Lots 4 and 5, Block 47, SAN LUCIE PLAZA UNIT ONE, according to the Plat thereof, as recorded in Plat Book 5, at Page 57, of the Public Records of St. Lucie County, Florida. Packet Pg. 111 8.C.7.b EXHIBIT "B,, SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES Packet Pg. 112 8.C.7.b EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 Packet Pg. 113 8.C.7.b EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 Packet Pg. 114 8.C.7.b EXHIBIT "E" POLICIES OF INSURANCE as 0 L a c m E a� 0 L 0. E m L N a m J C m Cn W r.+ t� R L k a 12 Packet Pg. 115 8.C.7.c File No. 14-71653H APPRAISAL OF t rr s. r • _ r �Jr LOCATED AT: XXX St. Lucie Boulevard/1428-702-0971-000-9 Ft. Pierce, FL 34946 FOR: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 BORROWER: AS OF: October 17, 2014 BY: Bryan A. Neill Cert Gen RZ2609 Packet Pg. 116 An Appraisal Report LAND APPRAISAL REPORT File No.14-71653H 8.C.7.c Property Address XXX St. Lucie Boulevard/1 428-702-0971-000-9 Census Traci 3810.00 LENDER DISCRETIONARY USE Sale Price $ Date Mortgage Amount $ Mortgage Type Discount Points and Other Concessions Paid by Seller $ City Ft. Pierce County St. Lucie State FL zip Code 34946 Legal Descrj tion See Attached Addendum. Owner/Occupant James D. Murphy Ma Reference 14133N „ Sale Price$ NIA Date of Sale NIA PropertyRights Appraised X❑ Fee Simple ❑ Leashold ❑ Condominium (HUD/VA) PUD Loan charges/concessions to be paid Lly seller $ NIA R.E. Taxes $ 99.24 Tax Year 2014 HOA $1Mo. NIA Lender/Client St. Lucie County 2300 Virginia Avenue Fort P)erce Florida 34982 Source LOCATION Urban X Suburban U Rural BUILTUP ❑ Over75% © 25-75% ❑ Under25% GROWTH RATE ❑ Rapid ❑ Stable ❑X Slow PROPERTYVALUES ❑ Increasing X❑ Stable ❑ Declining DEMAND/SUPPLY ❑ Shortage ❑ In Balance ❑X Over Supply MARKETING TIME Under 3 Mos. 3-6 Mos, X Over 6 Mos. NEIGHBORHOOD ANALYSIS Cora Avg. Fair ciao, EmploymentStabil'ny ❑ ❑X ❑ ❑ Convenience to Employment ❑ X❑ ❑ ❑ Convenience to Shopping ❑ ® ❑ ❑ Convenience to Schools ❑ X❑ ❑ ❑ Adequacy of Public Transportation ❑ X❑ ❑ ❑ Recreation Facilities ❑ ® ❑ ❑ Adequacy of Facilities ❑ X❑ ❑ ❑ Property Compatibility ❑ © ❑ ❑ Protection from Detrimental Cord. ❑ X❑ ❑ ❑ Police & Fire Protection ❑ X❑ ❑ ❑ General Appearance of Properties ❑ © ❑ ❑ A eel to Market PRESENTLANDUSE% Single Family ..5n 2-4 Family 10% " Multi -Family 5a/u Commercial 5% Industrial Vacant 300/ LANDUSECHANGE Not Likely ❑X Likely ❑ fn process ❑ To: PREDOMINANT SINGLEFAMLYHOU.S1NG OCCUPANCY PRICE Owner ® $(000) Tenant ❑ Vacant (0-5%) ❑ Vacant (over 5%) ® N/A Vacant Land 1 AGE lyre) 60 Low. New 160 High 30 Predominant 60-80 - 15-20 Note: Race or the racist composition of the neighborhood are not considered reliable appraisal factors. COMMENTS -The Subject neighborhood is considered to be the area north of Orange Avenue, west of U.S. Highway 1 south of Indrio Road, and east of 25th Street. Access is ood alono Airport Road. Proximity to schools employment, and services is flood. Overall appeal to the market is considered average. Dimensions 140 x 150 Topography Basically Level Size Typical for Area Shape Rectangular Drainage ApRears Adequate View Interior Landscaping Typical Driveway None Apparent Easements None noted FEMA Flood Hazard Yes' No No FEMA' Ma !zone 1202850176 F Zone 'X" Site Area 21000 Sq.Ft. Corner Lot No Zoning Classification RS-4, Residential Zoning Compliance Yes HIGHEST & BEST USE: Present Use Sin le Family Other Use NIA UTILITIES Public Other Electricity ® Gas ❑ None Water ® Sanitary Sewer © Storm Sewer None SITE IMPROVEMENTS Type Public Private Street Asphalt ❑x ❑ Curb/Gutter None ❑ ❑ Sidewalk None ❑ ❑ Street Lights Pole Mounted ❑X ❑ All- None D 0 Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements nor encroachments -were noted at the time of inspection. The undersigned has ,eciled three. re ent sales of properties most s milie, and pro.imate to subject and has considered these in the market an 1ysis. The description Includes a dollar adjustmem, rarlecting market reeuton to those items of signincam variation between the subject and comparable properties. If a signitidan[ it.. to the comparable property is superior to, o e favorable than, the su tjecl property, a minus I.) adjustment Is made, thus reducing the indicated value of subject: it a significant item In the comparable is Infe,iar to, or lessmfavo rot ble than, The subject property. a plus (+) adjustment is made. thus increasing the indicated value of the subject. ITEM SUBJECT COMPARABLE NO,1 COMPARABLE NO.2 COMPARABLE NO.3 Address XXX St. Lucie Bo Ft. Pierce FL 34[ 4803 Mantanzas Avenue Fort Pierce FL 34946 XXX Avenue T Ft. Pierce FL 34950 507 N. 13th Street Ft. Pierce FL 34950 Proximity toSub'ect 1.64 miles SW 1.05 miles SW 2.15 miles SE Sales Price $ NIA $ 4.500 $ 7,250 $ 7,500 Price) SF $ to $ 0.350 $ 0.440 $ 0.530 Data Source MILS MILS MLS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION n ,,,,-,,.,, DESCRIPTION Ada men! DESCRIPTION Ad Mam Sales or Financing • Concessions Cash None Cash None Cash None • Date of Saleffime N/A 06/30/2014 02/28/2014 08/19/2013 . Location Suburban Similar No Adj. Similar No Ad'. Similar No Ad', SaeNiew Interior Interior No Ad. Interior No Adi. Interior No Ad'. Road Paved Dirt +1000 Paved 0 Paved 0 Size 21,000 SF 12,780 SF +4,000 16,440 SF +2,500 14,259 SF +3 500 Depth 150 Feet 213 Feet 137 Feet 0 197 Feet Front FeettWidth 140 Feet 60 Feet 120 Feet 97 Feet 0 Net Ad'. total X + i $ 5 DOD + $ 2 500 X + is 3,500 Indicated Value of Subject Gross: 0.0 Not: 0.0 $ 9 500 Gm55: 0.0 Net: 0.0 $ 9 750 Goss' 0.0 Her. 0.0 $ 11,000 Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Appraisal: The appraisal is made "As Is' and is subject to the attached limiting conditions. The Subject Property is not currently listed for sale nor is it under contract at this time. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of bu ers and sellers in the Open marketplace, as such it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Subject Property is vacant land. 1WE) ESTIMATE THE MARKET VALUE, ASDEFINED, OFTHE SUBJECT PROPERTY ASOF October 17, 2014 to4aS 10,500 1 (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personalty inspected the subject property and inspected all comparable stales cited in this report; and that I (we) have no undisclosed interest, present or prospective therein. • Appralser(s) (- Review Appraiser �� e_„__Cz �� _ [:]Did Q Did Net n A. Neill (if applicable) Har D. GSRA MAI IlZlo Inspect Property NolmtagLand Form o4188Cent Gen RZ2609 Rodsed.,NAct sae.aw.ztae727 u1•bwe• CertGen PZ662 Callaway & Price, Inc. Packet Pg. 117 8.C.7.d File No. 14-716531 APPRAISAL OF sr 1 LOCATED AT: XXX Mohawk Avenue11428-702-0974-000-0 F1. Pierce, FL 34946 FOR: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 BORROWER: AS OF: October 17, 2014 BY: Bryan A. Neill Cert Gen RZ2609 Packet Pg. 118 An Appraisal Report LAND APPRAISAL REPORT File No. 14-716531 8.C.7.d Property Address XXX Mohawk Avenuell428.702.0974-000-0 Census Tract 3810.00 LENDER DISCRETIONARY USE Sale Price $ Date MongageAmount S Mortgage Type Discount Points and Other Concessions Paid by Seller $ City Ft. Pierce County St. Lucie State FL Zip Code 34W Legal Description See Attached Addendum. OwnerlOccu am James D. Murphy Mal, Reference 14133N „ Sale Price$ NIA Date of Sale NIA Property Rights Appraised ® Fee Simple ❑ Leashold Condominium (HUDNA) PUD Loan char eslconcessions to be paid by seller $ NIA R.E. Taxes $ 99.24 Tax Year 2014 HOA $1Mo. NIA Lenderlaiern St. Lucie County❑ 2300 Virginia Avenue Fort Pierce Florida 34982 Source LOCATION LXJ Suburban L Rural BUILTUP ❑ Over 75% 0 25-75% ❑ Under 25% GROWTH RATE ❑ Rapid ❑ Stable ® Slow PROPERTY VALUES ❑ Increasing X❑ Stable ❑ Declining DEMANDISUPPLY ❑ Shortage ❑ In Balance X❑ Over Supply MARKETINGTIME Under 3 Mos. 3-6 Mos. 0 Over 6 Mos. NEIGHBORHOOD ANALYSIS coax A,g, Fair Pw Employment Stability ❑ ®❑ ❑ Convenience to Empbyment ❑ © ❑ ❑ Convenience to Shopping ❑ ❑X ❑ ❑ Convenience to Schools ❑ ®❑ ❑ Adequacy of Public Transportation ❑ ® ❑ ❑ Recreation Facilities ❑ X❑ ❑ ❑ Adequacy of Facilities ❑ ©❑ ❑ PropenyCompadbilhy ❑ X❑ ❑ ❑ Protection from Detrimental Cond. ❑ ©❑ ❑ Police & Fire Protection ❑ ®❑ ❑ General Appearance of Properties ❑ X❑ ❑ ❑ Appeal to Market R Fx PRESENT LAND USE% Single Family 50°/ 2-4 Family 100/ " Mufti -Family 5% Commercial 5% Industrial Vacant 30% LANDUSECHANGE Not Likely ® Likely ❑ In process ❑ To: PREDOMINANT Sr4CLEFAMLYHOSiNG OCCUPANCY PRICE Owner © $(000) Tenant ❑ Vacant (0-5%) ❑ Vacant (over 5%) ® NIA Vacant Land AGE (yrs) 60 Low New 160 High 30 i Predominant 60-80 - 15-20 Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS -The Subject neighborhood is considered to be the area north of Orange Avenue west of U.S. Highway 1, south of Indrio Road and east of 25th Street. Access is good along Airport Road. Proximityto schools employment, and services is good. Overall appeal to the market is considered average. Dimensions 140 x 150 Topography Basically Level Size Typical for Area Shape Rectangular Drainage Appears Adequate View Interior Landscaping Typical Driveway None Apparent Easements None noted FEMA Flood Hazard Yes' No No FEMA' Ma lZone 1202850176 F Zone -X" She Area 21000 Sg.Ft. Corner Lot No Zoning Classification RS-4, Residential Zoning Compliance Yes HIGHEST & BEST USE: Present Use Single Family Other Use NIA UTILITIES Public Other Electricity ® Gas ❑ None Water ® Sanitary Sewer © Storm Sewer F1 None SITE IMPROVEMENTS Type Public private Street Asphalt ® ❑ CurtdGutler None ❑ ❑ Sidewalk None ❑ ❑ Street Lights Pole Mounted ® ❑ Alley None Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements nor encroachments were noted at the time of inspection. The undersigned has recited three recent sales of properties most similiar and proximate to subject and has considered these In the market analysis. The description includes a dollar adjuslment, rellecfing markal reaction he those items of signuicant variation between the subject and comparable properties. If a significant item in the compare bte property Is superior to, or more lavorable Ihan, the subject property, a minus 1-I adjustment is made, thus reducing the indicated value of subject: if a significant item In the comparable is interior to. or tess favorable than, the subject property, a plus ),) adju sf mem is made, thus increasing [he indicated value of the subject. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO. 3 Address XXX Mohawk Ave Ft. Pierce FL 34� 4803 Mantanzas Avenue Fort Pierce FL 34946 XXX Avenue T Ft. Pierce, FL 34950 507 N. 13th Street Ft. Pierce FL 34950 Proximity to Subject 1.72 miles SW 1.14 miles SW 2.16 miles SE Sales Price $ NIA $ 4,500 $ 7,250 $ 7,500 Pricer SF $ M $ 0.35M $ 0.44m $ 0.531n Data Source MLS MILS MILS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION 44 Afuumem DESCRIPTION DESCRIPTION ,- S rdasm,nnt Sales or Financing • Concessions Cash None Cash None Cash None Date of SalelTime NIA 06/30/2014 02/28/2014 08/19/2013 . Location Suburban Similar No Ad'. Similar No Ad'. Similar NoAd'. SdeNiew Interior Interior No Ad'. Interior No Ad'. Interior No Ad'. Road Paved Dirt +1 000 Paved 0 Paved 0 Size 21,000 SF 12,780 SF +4,QOfl 16,440 SF +2 500 14,260 SF +3,500 Depth 150 Feet 213 Feet 137 Feet 0 197 Feet Front Feet/Width 140 Feet 60 Feet 120 Feet I97 Feet 0 Net Adj. total + I - ' S 5 000 X FT is 2,500 + - is 3,500 Indicated Value of Subject Gross: 0-0 Net, 0.0 $ 9 500 Grass: 0-0 N: 0.0 $ 9 750 Gross: 0.0 Net, 0.0 $ 11 Q00 Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Appraisal: The appraisal is made "As Is" and is subject to the attached limiting conditions. The Subject Property is not currently listed for sale nor is it under contract at this time. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of buyers and sellers in the open marketplace, as such it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Submect Property is vacant land. I(WE)ESTIMATETHEMARKETVALUE,ASDEFINED, OFTHE SUBJECT PROPERTY ASOFOctober 17,2014 to be$ 10,500 1 (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct: that I (we) personally inspected the subject property and inspected all comparable sales cited in this report; and that I (we) have no undisclosed interest, present or prospective therein. ��y_ ,❑ Did ® Did Not Appraisers) /Jf. i Review Appraiser a wDD. Sirvin A. Neill (ilapplicable) Ha . (3iji SRA MAI> Inspect Property Proprietary Land Form c4m Cert Gen RZ2609 �ed—s Act tea, NO 2340727 awa,adIneb— Cert Gen R7662 Callaway & Price, Inc. Packet Pg. 119 8.C.7.e PROJECT NAME: San Lucie Plaza Drainage Improvements PARCEL: 534 Decker Road, LLC, a Florida limited liability company Parcel 1428-702-0976-000/4 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this i day of 2015, 534 Decker Road, LLC, a Florida limited liability company, whose mailing address is 11 9 Grandview Manor Wellinglon, FL 33414 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Thirty -Five Thousand and 00/100 Dollars, determined to be the rounded total of the following: ($30,000.00) Real Property Parcel I.D. 1428-702-0976-000/4 30 000.00 Payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and Packet Pg. 120 8.C.7.e clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 2 Packet Pg. 121 8.C.7.e 9. CLOSING. The closing shall be on or before July 17, 2015 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding 3 Packet Pg. 122 8.C.7.e upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, 4 Packet Pg. 123 8.C.7.e easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. s Packet Pg. 124 8.C.7.e 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day of M Q 2015. 534 Decker Road LLC, a Florida lira liability compan By: STATE OF COUNTY OF PALryi It's 1V The foregoing instrument was acknowledged before me this --7 day of 2015, b a_ who is personally known to me or who has produced a driver's license issued within the last five years as identification. My Commission Expires i -- j DIRE WILLIAMS P otm Public, Site of Flo6da c nlmlg:,lail� FF 61169 fi3xrp;m ont, 9,9. . Notary Public (Printed, Typed or Stamped Name of Notary Public) s Packet Pg. 125 8.C.7.e EXECUTED by PURCHASER this day of , 2015 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 126 8.C.7.e EXHIBIT "A" LEGAL DESCRIPTION Lots 6 through 10, and the North ZO feet of Lot 11, Block 47, SAN LUCIE PLAZA UNIT ONE, according to the Plat thereof, as recorded in Plat Book 5, at Page 57, of the Public Records of St. Lucie County, Florida. Packet Pg. 127 8.C.7.e EXH I BIT If B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES // Ar Packet Pg. 128 8.C.7.e EXHIBIT licit CONTRACTS, LICENSES AND AGREEMENTS 10 Packet Pg. 129 8.C.7.e EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 Packet Pg. 130 8.C.7.e EXHIBIT "E" POLICIES OF INSURANCE 12 Packet Pg. 131 8.C.7.f File No. 14-71653G APPRAISAL OF ' L. e-.a�ti LOCATED AT: XXX Mohawk Avenue11428-702-0976-000-4 Ft, Pierce, FL 34946 FOR: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 BORROWER: AS OF: October 17, 2014 BY: Bryan A. Neill Cert Gen RZ2609 Packet Pg. 132 An Appraisal Report LAND APPRAISAL REPORT File No. 14-71653G 8.C.7.f Property Address XXX Mohawk Avenuel1428-702-097MOO-4 Census Tract 3810.00 LENDER DISCRETIONARY USE Sale price $ Date Mortgage Amount $ Mortgage Type Discount Points and Other Concessions Paid by Seller $ City Ft. Pierce County St. Lucie State FL ZIP Code 34946 Legal Description See Attached Addendum. OwnedOceu am 534 Decker Road LLC Ma Reference 14/33N „ Sale Price $ N/A Date of Sale N/A Property Rights Appraised ® Fee Simple ❑ Leashold ❑ Condominium (HUDNA) POD Loan char eslcorressfons to be paid by seller $ NIA R.E. Taxes $ 230.88 Tax Year 2014 HOA $lMo. NIA LenderlClient St. Lucie Count 2300 Virginia Avenue Fort Pierce Florida 34982 Source LOCATION Urban X Suburban L I Rural BUILT UP ❑ Over 75% ® 25-75'% ❑ Under 25% GROWTH RATE ❑ Rapid ❑ Stable ® Slow PROPERTY VALUES ❑ Increasing ❑X Stable ❑ Declining DEMANDISUPPLY ❑ Shortage ❑ In Balance ® Over Supply MARKETING TIME Under 3 Mos. r 1 3-6 Mos. nX Over 6 Mos. NEIGHBORHOOD ANALYSIS Goad Employment Stability ❑ Convenience to Employment ❑ Convenience to Shopping ❑ Convenience to Schools ❑ Adequacy or Public Transportation ❑ Recreation Fal lNes ❑ Adequacy of Facilities ❑ Property Compatibility ❑ Protection from Detrimental Cond. ❑ Police & Fire Protection ❑ General Appearance or Properties ❑ 1 Appeal to Market Avg. rah Poo - ❑X ❑ ❑ ®❑ ❑ X❑ ❑ ❑ X❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑X ❑ ❑ ©❑ ❑ X❑ ❑ ❑ © ❑ ❑ ❑X ❑ ❑ X PRESENTLANDUSE% Single Family 500/ 2-4 Family 100/ • MultitFamily 5% Commercial 5% Industrial Vacant 30°/ LANDUSECHANGE Not Likely ❑X Likely ❑ In process ❑ To: PREDOMINANT SINGLEFNNLYHOUSING OCCUPANCY PRICE Owner ❑X S(000) Tenant ❑ Vacant (0-5%) ❑ Vacant (over 5%) ❑X N/A Vacant Land 1 AGE (yrs) 60 Low New 160 High 30 Predominant 60-80 - 15-20 Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS -The Subject neighborhood is considered to be the area north of Oran a Avenue west of U.S. Highway 1, south of Indrio Road and east of 25th Street. Access is good alon Airport Road. Proximity to schools employment, and services is 2ood. Overall appeal to the market is considered average. Dimensions Irregular Topography Basically Level Size Typical for Area Shape Rectan ular Drainage Appears Adequate View Interior Landscaping Typical Driveway None Apparent Easements None noted FEW Flood Hazard Yes" No No FEMA" Ma Zone 1202850176 F Zone "X" Site Area 0.87 Acre Comer Lot No Zoning Classification RS-4, Residential Zoning Compliance Yes HIGHEST & BEST USE: Present Use Sin le Family Other Use N/A UTILITIES Public Other Electricity ® Gas ❑ None Water ❑X Sanitary Sewer ® Storm Sewer None SITE IMPROVEMENTS Type Public Private Street Asphalt 0 ❑ CurtorGuber None ❑ ❑ Sidewalk None ❑ ❑ Street Lights Pole Mounted ® ❑ All Norte Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements nor encroachments were noted at the time of inspection. The undersigned has recited three recent sales of properties most simili., and proximate to subject and has considered these in the market analysis, The noscri plion includes a dollar adjustment, reflecting market reaction tr thosa ilems of slgalllcant variation between the subjact antl comparable properllea. It a significant Item in the comparable properly Is superior Iar more Favorable then, the subject properly. a minus (-] adjustment is made. thus reducing the indicated value of subject, if a significant Item in the comparable is Inferior to, or le sa lawns via than, the subjecl properly, a plus (i) adjustmenl Is made, Thus increasing the indicated value of the snbjoel, ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO. 2 COMPARABLE N0, 3 Address XXX Mohawk Avt Ft. Pierce FL 34S XXX Sunrise Drive Fort Pierce FL 34945 XXX Millisa Terrace Ft. Pierce FL 34984 5005 Deleon Avenue Ft. Pierce FL 34950 Proximity to Subject 7.24 miles SW 2,96 miles SW 4.41 miles NW Sales Price $ NIA $ 30,0()0 $ 29,000 $ 18,500 Pricer Acre $ W $ 28,5710 $ 12,393 M $ 8,371 M Data Source MLS MLS Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION Ad m DESCRIPTION mem DESCRIPTION1 14Aduslmem • Sales or Financing • Concessions Assumable None Cash None Cash None Date of SalelTime N/A O811112014 05/01/2014 04/25/2014 . Location Suburban Similar No Ad'. Similar No Ad'. Similar No Ad'. Sitr iew Interior Interior No Ad'. Interior No Ad'. Interior No Ad'. Road Paved Paved 0 Paved 0 Paved 0 Size 0.87 Acres 1.05 Acres No Adj. 2.34 Acres No Adm. 2.21 Acres No Adj. Net Ad'. tool + - is 0 . ' S 0 X + . :$ 0 Indicated Value of Sub'ed Gross: 0.0 Net: I $ 28 571 /Acre Gross 0,0 Ni 0.0 5 12 393IAcre i ms5 0-0 Vet 0.0 $ 8 3711Acre Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Appraisal: The appraisal is made "As Is" and is subdect to the attached limil conditions. The Submect Property is not currently listed for sale nor is it under contract at this time. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of buyers and sellers in the open marketplace, as such it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Subject Property is vacant land. I (WE) ESTIMATE THE MARKETVALUE, AS DEFINED, OFTHE SUBJECT PROPERTY AS OF October 17, 2014 lobe$ 17500 $ (We) certify: that to the best of my (our) knowledge and belief. the facts and data used herein are true and correct; that I (we) personally inspected the subject property and inspected all comparable sales cited in this report; and that I (we) have no undisclosed interest, present or prospective therein. Appraisers) Review Appraiser i Cz� l_ ❑ Did ® Did Not bryA A. Neill (iFapplicable) Harry D. Gitay, SRA, MAI Q�li Inspect Property croprietarytantFormaraeCertGen RZ2609 Pm4.duvmgncl,,ft re,e¢23+etu+vaw.acnvh.omn Cert Gen RZ662 Callaway & Price, Inc. Packet Pg. 133 8.C.7.g Callaway & Price, Inc. Real Estate Appraisers And Consultants www. callawayandprice.cam Licensed Real Estate Brokers Since 1372 Please respond to Treasure Coast office SOUTH FLORIDA E-Mail: b.neill@callawayandprice.com 1410 Park Lane South Suites June 3, 2015 Jupiter, FL 33458 Phone (561 )686-0333 Fax (561)686-3705 Michael R. Slade, MAI, SRA, CRE Cert Gen RZ116 Ms. Janet Licausi mrs@cpwpb.com St. Lucie County Stephen D. Shaw, MAI 2300 Virginia Avenue Cert Gen RZ1192 Fort Pierce, FL 34982 sds@cpwpb.eom sds@ep TREASURE COAST VIA EMAIL, licausij@stlucieco.gov 1803 South 251" Street Suite 1 Fort Pierce, FL 34947 Dear Ms. Licausi: Phone (772) 464-8607 Fax (772)461-0809 With regard to the San Lucie Plaza Parcel #1428-702-0976-000/4, Stuart Phone (772) 287-3330 it is our opinion that $30,000 would be within the range of value g Fax (772)461-0809 for this parcel owned by 534 Decker Road, LLC. I was able to Stephen G. Neil I, Jr., MAI verify a current contract at $55,000 for a parcel along South 251h Cert Gen RZ2480 Street after the original appraisal was completed, which would be s.neill@callawayandprice.com superior to this San Lucie Plaza Parcel, but would support the SPACE COAST $30,000 range of value. 114 0 Avenue Suite Indialantic, FL 32903 The San Lucie Parcels #1428-702-0971-000/ 9 and #1428-702- Phone (321)726-0970 0974-000/0 were appraised at $10,500 each. Mr. James Murphy's Fax (321)726-0384 counter offer at $12,500 each is within 20% of the appraised Curtis L. Phillips, MAI value. Given that it is a $2,000 increase per lot, this seems Cen clp@cp el.co 5 clp@cpmel.com reasonable; however is at the upper end of the range of value. CENTRAL FLORIDA Thank you for this opportunity to be of service. 2816 E. Robinson Street Orlando, FL 32803 Phone (321) 726-0970 Respectfully, Fax (321) 726-0384 Curtis L. Phillips, MAI CALLAWAY & PRICE, INC. Cert Gen RZ2085 clp@cpmel.com Bryan A. Neill Cert Gen RZ2609 BAN/clw Packet Pg. 134 8.C.8 ITEM NO. (ID # 2911) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/16/2015 *CONSENT AGENDA\COUNTY ATTORNEY North Causeway Island - Lease Number 4744 - Board of Trustees of the Internal Improvement Trust Fund Attached you will find Lease Number 4744 for North Causeway Island for the operation of a public boat ramp with parking lot and bathroom facilities, along with other related uses necessary for a 50-year term. Parks, Recreation and Facilities have reviewed and approve the Lease. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There are sufficient funds available in account string #001-7215-544200-700 - Land Leases. RECOMMENDATION: Staff recommends approval of Lease Number 4744, authorize the Chair to execute the Lease, direct staff to return the Lease to the Department of Environmental Protection for signature and record the Lease in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, c�nty ttorney 6/3/2015 Packet Pg. 135 8.C.8.a 8.C.8.b This Lease was prepared by: Jay Sircy, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID#25099 OAL 1 [4.37 acres] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4744 THIS LEASE AGREEMENT, made and entered into this day of 2015, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and ST. LUCIE COUNTY, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease contains 4.37 acres, is situated in the County of St. Lucie, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter called the "leased premises". 3. TERM: The term of this lease shall be for a period of Fifty years (50) years commencing on and ending on unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: LESSEE shall manage the leased premises only for the establishment and operation of a public boat ramp with parking lot and bathroom facilities, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. Packet Pg. 137 8.C.8.b 5. OUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformity with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. LAND USE PLAN: LESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to LESSOR for approval through the State of Florida Department of Environmental Protection, Division of State Lands. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Land Use Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Land Use Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of LESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. Page 2 of 13 R 04/15 Lease No. 4744 Packet Pg. 138 8.C.8.b 9. EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises, at present or in the future. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. During the term of this lease, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein, LESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name LESSOR and the State of Florida as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of Page 3 of 13 R 04/15 Lease No. 4744 Packet Pg. 139 8.C.8.b any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: LESSEE hereby covenants and agrees to investigate all claims of every nature at its own expense and to indemnify, protect, defend, save and hold harmless LESSOR and the State of Florida, its officers, agents and employees from any and all damages, claims, demands, lawsuits, causes of action, costs, expenses, or liability of any kind or nature arising out of all personal injury or damages attributable to the acts or omissions of LESSEE and its agents, employees or independent contractors. LESSEE shall contact LESSOR regarding the legal action deemed appropriate to remedy such damage or claims. The LESSEE shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, F.S, as described in paragraph 13. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes, assessments, liens or other similar liabilities that accrue to the leased premises or to the improvements thereon arising after this lease commences, including any and all ad valorem taxes and drainage and special assessments or personal property taxes of every kind and all construction or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises subsequent to the effective date of this lease. In no event shall the LESSEE be held liable for such liabilities which arose prior to the effective date of this lease. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. 18. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. Page 4 of 13 R 04/15 Lease No. 4744 Packet Pg. 140 8.C.8.b 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having the utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to audit such records at any reasonable time during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 LESSEE: St. Lucie County Parks & Recreation Page 5 of 13 R 04/15 Lease No. 4744 Packet Pg. 141 8.C.8.b 2300 Virginia Avenue Ft. Pierce, FL 34982-5632 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE'S such failure to comply, as may be necessary to bring the leased premises and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon LESSEE'S obligations as set forth in paragraph 14 of this lease, nor upon any other obligations or responsibilities of LESSEE as set forth herein. Nothing Page 6 of 13 R 04/15 Lease No. 4744 Packet Pg. 142 8.C.8.b herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. This paragraph shall not be deemed to apply to any conditions existing prior to the effective date of this lease. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase 11 environmental site assessment. 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection ("Division"), Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division shall perform an on -site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 19 and 36 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for the protection and enhancement of the leased premises. Page 7 of 13 R 04/15 Lease No. 4744 Packet Pg. 143 8.C.8.b 30. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod control district or districts within one year of the effective date of this lease all of the environmentally sensitive and biologically highly productive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and the improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall maintain any and all existing roads, canals, ditches, culverts, risers and the like in a state of good condition, working order and repair. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. Page 8 of 13 R 04/15 Lease No. 4744 Packet Pg. 144 8.C.8.b 37. SIGNS: LESSEE shall ensure that the area is identified as being publicly owned and operated as a public facility in all signs, literature and advertising. If federal grants or funds are used by LESSEE for any project on the leased premises LESSEE shall erect signs identifying the leased premises as a federally assisted project. 38. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 39. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 40. RIGHT OF TERMINATION: Anything contained in this lease to the contrary notwithstanding, LESSOR shall have the right and option to terminate this lease, at will, for any reason whatsoever, by giving the LESSEE written notice of such election to terminate at least six (6) months prior to the effective date of such termination. LESSEE shall continue to honor its obligations under the lease until the effective date of the termination, including LESSEE's obligations concerning surrender of the leased premises. 41. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: A.) The LESSEE shall develop and implement a Florida Fish and Wildlife Conservation Commission (FWC) approved marina education program (which includes, at a minimum, permanent manatee educational signs, speed zone booklets, and manatee educational brochures) at boat ramp facility no later than 30 days prior to completion of construction of the docking facility. The LESSEE must maintain this educational program during the term of this lease and all subsequent renewal terms. The LESSEE will be responsible for the cost of the educational materials. The LESSEE shall develop this educational program with the assistance of FWC. FWC shall approve this educational plan prior to its implementation. Marina educational program guidelines can be found at http://mtfwc.com/manatee/sijzns/Educationplan.pdf, or can be obtained from FWC. Contact the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section at 620 South Meridian Street, 6A, Tallahassee, Florida 32399-1600 (Telephone 850-922-4330). Page 9 of 13 R 04/15 Lease No. 4744 Packet Pg. 145 8.C.8.b IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. WITNESSES: Original Signature LIM Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of , 2015, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Digitally signed by Dailey_D DN: 0—Florida Dept of Environmental Protection, mail=Dustin.Dailey@dep.state.Fl.us, cn=Dailey_D D. 2015.05.2614:15:53-04'00' DEP Attorney Page 10 of 13 Lease No. 4744 Date Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. R 04/15 Packet Pg. 146 8.C.8.b WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS M. Paula A. Lewis, Chairman "LESSEE" The foregoing instrument was acknowledged before me this day of , 2015, by Paula A. Lewis as Chairman, for and on behalf of the Board of County Commissioners of St. Lucie County, Florida. She is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 11 of 13 R 04/15 Lease No. 4744 Packet Pg. 147 8.C.8.b EXHIBIT "A" Legal Description Begin at the intersection of the North right-of-way line of Shorewinds Drive (also known as State Road Al A) and a line lying parallel with and 1250.00 feet Easterly of, as measured at right angles to, the East right-of-way line of the Intracoastal Waterway; Thence South 50°36'02" West, along said North right-of-way line, a distance of 124.73 to the beginning of a curve concave to the Northwest, having a radius of 1810.08 feet; thence Southwesterly along the arc of said curve through a central angle of 17°55'16", a distance of E 566.16 feet; z Thence South 68°31'17" West, a distance of 208.43 feet to the Mean High Water Line of said Indian River, as obtained on November 3, 2014; (D Thence departing said North right-of-way line and along said Mean High Water Line the following courses and distances: C Thence North 23°58'02" West, a distance of 33.15 feet; A Thence North 03°12'49" West, a distance of 48.66 feet; Thence North 01 °36'21" West, a distance of 34.40 feet; N Thence North 06°20'36" East, a distance of 35.60 feet; Thence North 16°32'18" East, a distance of 36.59 feet; Thence North 17°35'22" East, a distance of 32.70 feet; 0 Thence North 32°57'25" East, a distance of 8.69 feet; z Thence North 52°41'43" East, a distance of 69.39 feet; r Thence North 31 °33'46" West, departing said Mean High Water Line, a distance of 52.08 feet; N Thence North 58°20'48" East, a distance of 190.94 feet; Thence South 32°44'21" East, a distance of 67.95 feet to the aforesaid Mean High Water Line; Thence along said Mean High Water Line the following courses and distances: Thence North 59'15'33" East, a distance of 32.36 feet; E Thence North 71 °01'34" East, a distance of 94.42 feet; Z Thence North 56°53'47" East, a distance of 40.70 feet; N Thence North 57°54'14" East, a distance of 125.54 feet; Thence North 74008'13" East, a distance of 84.96 feet; Thence North 53059'25" East, a distance of 66.35 feet; Thence South 77°14'58" East, a distance of 51.82 feet to Thence South 85°25'06" East, a distance of 54.31 feet to aforesaid line lying parallel with and 1250.00 feet Easterly of, as measured at right angles to, the East right-of-way line of the Intracoastal Waterway; Thence South 23°09'00" East, along said line, a distance of 101.31 feet to the Point of Beginning. DATE: May 20, 2015 Page 12 of 13 R 04/15 Lease No. 4744 Packet Pg. 148 8.C.8.b Page 13 of 13 R 04/15 Lease No. 4744 Packet Pg. 149 ITEM NO. RES-2015-100 TO: PRESENTED BY: SUBMITTED BY: 411 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 06/16/2015 *CONSENT AGENDA\ENVIRONMENTAL RESOURCES Sandra Bogan, Env. Education & Outreach Coordinator Oxbow Eco-Center Division Budget Resolution — Environmental Education & Community Outreach Special Program funds Several of the Oxbow Eco-Center's contracted services and class/summer camp offerings have increased in popularity during 2014-2015. It is anticipated that both revenues and expenses will increase by $9,000. Therefore, staff is recommending an increase to 001-7912-534000-7110; Oxbow special programs. Because revenues will offset expenses, the impact to the budget will be neutral with this budget amendment. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from the Program Fees and Summer Programs accounts in the Environmental Education and Outreach Division's budget. RECOMMENDATION: Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 150 Coordination/Signatures Amy G1 7 onmental Resources Man a r 6/2/2015 Danie 5. McIntyre, Cgifinty ttorney 6/3/2015 Updated: 6/2/2015 12:02 PM by Kimberly Bordinger Page 2 Packet Pg. 151 RESOLUTION 8.F.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 in the form of increased patronage of the Nature Art Programs/Classes and Summer Programs held at the St. Lucie County Oxbow Eco-Center, in the amount of $9,000. The increase to the other contractual services expense account will be used to pay for the additional programs, classes and summer programs scheduled to meet the increasing annual demand, and will be offset by an equal amount in revenues generated. 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 16th day of June, 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 001-7912-347210-7110 Program Fees $4,230 001-7912-347213-7110 Summer Programs $4,770 APPROPRIATIONS 001-7912-534000-7110 Other Contractual Services $9,000 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 16TH DAY OF JUNE 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 152 8.F.b Environmental Resources Department Environmental Education & Community Outreach Special Program Fund 001-7912-xxxxxx-7110 (Budget Resolution 2894) Total Revenues / Expenses YEAR Revenues Expenses 2013 YTD 5070 3684 2014 YTD 7526 6019 2015 YTD 5566 3548 2015 Anticipated 1 12000 1 9000 Total Number of Classes & Camp Days YTD YEAR # of Classes 2013 YTD 14 2014 YTD 33 2015 YTD 141 2015 Anticipated 267 Total Number of Participants VTn YEAR # of Participants 2013 YTD 248 2014 YTD 457 2015 YTD 722 2015 Anticipated 1025 Special Program Revenues / Expenses 20000 0 � EM M� . ■ 2013 YTD 2014 YTD 2015 YTD 2015 Anticipated ■ Revenues ■ Expenses Total Number of Classes & Camps 300 200 100 . 0 2013 YTD 2014 YTD 2015 YTD 2015 Anticipated 1500 Number of Participants 1000 500 0 2013 YTD 2014 YTD 2015 YTD 2015 Anticipated 0 0 0 N N w `A Packet Pg. 153 8.1.1 ITEM NO. (ID # 2887) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division Award of Bid No. 15-036, Baling Wire DATE 06/16/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET The purpose of this bid is to establish contracts for the purchase of baling wire for the Solid Waste Baling Facility and the Single Stream Facility. Bid No. 15-036 was issued as a spot market purchase request, which due to the volatile pricing of steel does not lock a vendor to a set price for the term of the contract. Awarded vendors will be requested to submit price quotations for baling wire as needed by the Solid Waste Department. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficent funding is available in 401-3410-552000-300 RECOMMENDATION: Staff recommends Board approval of Bid No. 15-036, Baling Wire to Accent Wire of Birmingham, Alabama, Cavert Wire of Rural Hall, North Carolina, Coastal Wire Company of Georgetown, South Carolina and L&P Wire Tie of Carthage, Missouri and authorization for the Chair to sign the contracts as approved by the County Attorney. [0] III IM11Eel ►I_Tli0003 Packet Pg. 154 8.1.1 Coordination/Signatures anie 5. McIntyre, Cy 6/5/2015 Updated: 6/10/2015 1:36 PM by Kelly Phelan Page 2 Packet Pg. 155 Attachment A 8.1.1.a BOARD OF COUNTY COMMISSIONERS Tabulation Sheet Bid No. 15-036 Baling Wire PURCHASING DEPARTMENT Accent Wire Contact: John Word Phone: 800-491-2499 Fax: 205-981-2251 Address: 110 Scotch Drive, Birmingham, AL 35242 Cavert Wire Contact: Chris Atkins Phone: 336-969-3540 Fax: 336-969-2621 Address: 620 Forum Parkway, Rural Hall, NC 27045 Coastal Wire Company Contact: Noel DesMarteau Phone: 843-527-1600 Fax: 800-621-7967 Address: 427 Gapway Road, Georgetown, SC 29440 UP Wire Tie Contact: Clark Miller Phone: 417-237-7469 Fax: 417-358-6359 Address: 635 E. Central Avenue, Carthage, MO 64836 Number of companies notified*: 101 Number of bid documents distributed*: 8 Number of bids received: 4 *per demandstar.com L S M m M O LO 0 z 'm 0 3 a 00 w N a� a� 0 3 0 Packet Pg. 156 8.1.2 ITEM NO. (ID # 2908) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division Removal of Fixed Assets from Inventory DATE: 06/16/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Per Section 22.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached, from the inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Council on Aging, St. Lucie County Health Department, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the Capital Asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Council on Aging, St. Lucie County Health Department, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector. COMMISSION ACTION: Packet Pg. 157 8.1.2 Coordination/Signatures e ey epbur e o WaWgernent & Budget Direr/2015 iL Danie 5. McIntyre, Cgifinty ttorney 6/3/2015 �e Ho and Tipton, Count Administrate 6/5/2015 Updated: 6/2/2015 2:41 PM by Desiree Cimino Page 2 Packet Pg. 158 q N 06 (f(ao;uanul WOJJ SJOSSy paxl=l }o lenouaab : 906Z) 549 sleAOWGN DD08 :e-Z-I.94u9uay3ejjV PROPERTY # I DEPT. ASSETS TYPE Year Acquired 7123 Library Metal Bookstack 1981 402274 Desk 1992 403080 Work Station 1995 404131 Agriculture Club Car 1999 404291 Information Technology Printer 1999 404780 Parks & Special Facilities Radio 2000 404832 If Radio 2000 404790 IT Radio 2000 404789 IfRadio 2000 404803 ItRadio 2000 404797 IT Radio 2000 404844 it Radio 2000 408286 Radio 2005 408282 Radio 2005 404823 Radio 2000 404814 Radio 2000 404791 Radio 2000 404782 Radio 2000 404841 Radio 2000 404839 Radio 2000 406347 Library Cabinet 2003 406450 Fairgrounds Mower 2003 407174 Library Computer 2004 407176 IfComputer 2004 407182 if Computer 2004 407193 Computer 2004 407481 Laptop 2004 407493 Fairgrounds Mower 2005 407628 Library Computer 2004 407980 Facilities Spot Cooler 2005 408249 ERD Crawler Dozer 2005 408307 County Attorney Printer 2005 408319 Marine Safety Defibrillator 2006 408320 " Defibrillator 2006 408548 Road & Bridge Vac Truck 2006 409065 Library Laptop 2007 409337 Fairgrounds Defibrillator 2007 409714 HR/Risk Mgmt. Defibrillator 2008 409724 Defibrillator 2008 409719 Defibrillator 2008 409712 Defibrillator 2008 409718 Defibrillator 2008 409721 Defibrillator 2008 409711 Defibrillator 2008 R N 06 (fU0jU9nul UJOJJ SJOSSy paxl=I }o lenouaab : 806Z) 549 sleAOWGN 0008 :e-Z-I'84uaWyoejjv PROPERTY # DEPT. ASSET TYPE Year Acquired 409722 HR/Risk Mgmt. Defibrillator 2008 409723 " Defibrillator 2008 409710 Defibrillator 2008 409716 Defibrillator 2008 409715 Defibrillator 2008 409717 Defibrillator 2008 409709 Defibrillator 2008 409720 Defibrillator 2008 500161 Solid Waste Air Compressor 1994 500651 & A ItRadio 2000 500738 it Refuse Cart 2002 500834 it Dump Truck 2006 4F4358 Library Base Unit 1999 41`4359 it Ethernet Module 1999 BDO041 Public Safety Software 2001 BDO074 Software 2003 BDO084 & A&B Software 2004/2005 BDO085 & A&B Software 2004/2005 BDO088 Software 2004 BDO095 Software 2005 BDO107 & A Software 2005/2006 BDSO48 Software 2002 BDO086 Tourism Software 2004 BC0024 Engineering Software 2000 BDO036 " Software 2001 BDO037 Software 2001 B DO077 Software 2004 BDO094 Software 2005 BDO138 Software 2008 BDO139 Software 2008 B DO140 Software 2008 B DO141 Software 2008 BDO142 Software 2008 BDO125 A-K Community Services Software 2006 BDO127 Oxbow Software 2007 BDO0145 Marine Center Software 2008 BDO0146 Historical Museum Software 2008 BF0001 Planning Software 1999 B F0004 IfSoftware 2001 BF0005 A-E Building & Code Software 2003 B F0006 ItSoftware 2004 BF0008 & A it Software 2005 S00187 Information Technology Software 1998 500190 " Software 1997 500198 It Software 1998 (fU0jU9nul WOJJ SJOSSy paxl=I }o leA0W9M : 906Z) 949 sleAOWGN 0008 :e-Z-I.94U9WL4oejjV q N 06 a m PROPERTY # DEPT. ASSET TYPE Year Acquired a 500206 Information Technology Software 1999 500207 it Software 1999 500208 Software 1999 500212 Software 1999 500213 Software 2000 500214 ifSoftware 2000 500215 ItSoftware 2001 500216 T1 Software 2001 500217B ItSoftware 2002 500219 ifSoftware 2001 S00221 ifSoftware 2001 500222 it Software 2002 500237 ItSoftware 2003 500245 if Software 2004 500246 " Software 2004 B DO082 itSoftware 2004 B DO087 Software 2004 BDO096 Software 2005 BDO108 & A Software 2005 BDO110 Software 2006 BDO156 Software 2010 (AJOIUOAUI WOJJ SJOSS y paxi=l 10 IBAOWON : 806Z) 9 �9 sleAOWGN Voo :q-Z'I'8;uewL4oe;;d N 06 N to a1 a m m a (AJOJUanul WOJJ s;assd paxi=l 10 leAOWGM : 806Z) 94q sleAOWGN 000 :3-Z'I'84uGWL43ej4V V N 06 M a1 a m m a N 06 (Aao;uanul uaoa} s;assd paxl=l }o leAOWG { : 806Z) 949 sleAOWG { OH :P-Z-1-81uauayoe;;'y PROPERTY # I HEALTH DEPT. I ASSET TYPE I Year Acquired 405344 406101 406703 408152 408154 408704 409317 409319 409330 409398 409896 409897 409898 409901 409902 410209 410210 410214 410215 410219 410223 410228 410229 410231 410232 410233 410394 HDO008 Vision Screener Defibrillator Defibrillator Printer Switch Smart Board Laptop Laptop Switch Computer Laptop Laptop Laptop Switch Switch Switch Switch Switch Switch Scanner Laptop Switch Switch Switch Switch Switch Laptop Software 2001 2002 2003 2004 2004 2006 2007 2007 2007 2007 2008 2008 2008 2008 2008 2008 2008 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2001 1� N 06 (IUOIUanul WOJJ s;ass%y paxl=l 10 lenowaN : 806Z) 919 sleAOWG { Vdd :a-Z'I'8lU8W43eUV Property # PROPERTY APPRAISER Assets Type Year Acquired 406737 IfServer 2003 407256 ofComputer 2004 408158 IfTape Drive Library 2005 LO to a1 a m M a (AJ04u9nul woaJ s;assV pax1310 lenowaN : 806Z) SL9 lenowaM 30S TZ-1-84uawy3e44V 4i N o6 Property # SUPERVISOR OF ELECTIONS Assets Year Acquired 404133 Printer 1999 404250 Plotter 1999 404569 Printer 2000 405053 Folder 2001 405926 Risograph 2002 405973 Computer 2002 406909 Computer 2003 406897 Computer 2003 406903 Computer 2003 406916 Computer 2003 406905 Computer 2003 406901 Computer 2003 406913 Computer 2003 406914 Computer 2003 406912 Computer 2003 406911 Computer 2003 408763 Copier 2006 409536 Printer 2007 to a d M a (f(ao;uanul W0JJ SJGSSy paxl=l }o lenouaab : 906Z) 949 leAOWON 01 :6-Z'I'83u9WL43eJJV a� ~ N � 00 a m M a Property # TAX COLLECTOR Assets Type Year Acquired 406127 Laptop 2002 406720 Laptop 2003 406726 Projector 2003 406727 Server 2003 406872 Printer 2003 406873 Computer 2003 406875 Computer 2003 406876 Computer 2003 407257 Computer 2004 407345 Computer 2004 407372 Computer 2004 407374 Computer 2004 407381 Computer 2004 407382 Computer 2004 407385 Computer 2004 407998 Computer 2005 407999 Computer 2005 408000 ifComputer 2005 408001 11Computer 2005 408002 Computer 2005 408003 Computer 2005 408004 Computer 2005 408006 Computer 2005 408007 Computer 2005 408174 Computer 2005 409448 Computer 2007 TC0005 Software 2002 8.1.3 ITEM NO. (ID # 2909) 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: 06/16/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Proposal (RFP) No. 15-030, Disaster Debris Monitoring Management and Consultant Services On April 1, 2015, responses to RFP No. 14-006, Disaster Debris Monitoring Management and Consultant Services, were opened. Seven proposals were received; 486 companies were notified and 28 RFP documents were distributed. The purpose of this RFP is for a firm to assist in debris collection during disaster recovery. St. Lucie County seeks to establish contractual arrangements, with at least one (1) primary and up to three (3) additional qualified firms, to provide management services and technical assistance in regard to the monitoring of disaster debris collection on an as -needed basis. Hurricanes, tornadoes, and other natural and manmade events frequently produce substantial volumes of debris, creating hazardous conditions that impact public health, welfare and safety by obstructing roads, by creating obstacles to safe passage of emergency and essential pedestrian and vehicular traffic, and by notably increasing potential exposure to fire and hazardous materials. To mitigate the hazardous conditions, it is mandatory that there be an early, safe and rapid response to restoring safe and economically viable conditions by the removal of the debris in a prompt and environmentally protective manner. St. Lucie County Solid will assign a Debris Manager to the debris collection/management project and will establish and staff a Debris Management Center at the St. Lucie County Baling and Recycling Facility. The Debris Management Center will provide a site for overall coordination of the project with the proposer(s) and local, state, and federal agencies. Authorized local, state, and federal agencies will also provide staff to the Debris Management Center to assure a proper level of coordination. The Debris Management Center will be the primary point of contact for the proposer(s). The response of the selected monitoring proposer(s) to the disaster recovery process must be immediate, rapid and efficient with acceptable cost controls, accountability procedures, written reports and submittals to assure that the County shall have the means to be reimbursed for all eligible disaster Packet Pg. 168 8.1.3 recovery costs from appropriate federal, state, and private agencies. Response will typically be activated only in the event of an emergency and in accordance with an awarded contract. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to award RFP No. 15-030, Disaster Debris Monitoring Management and Consultant Services, to Witt O'Brien's, LLC as the primary consultant and Thompson Consulting Services, Tetra Tech and True North Emergency Management, as the secondary consultants and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures banie 5. McIntyre, C my ttorney 6/3/2015 Ho and Tipton, Count Administrate 6/5/2015 updated: 6/10/2015 1:37 PM by Kelly Phelan Page 2 Packet Pg. 169 m 0 X CD rt Ip V O Attachment A Firm Experience of Firm Project Management Team Credentials Credentials of Consulting Firm Ability to Respond Timely with Adequate Resources Responsiveness to RFP Price Performance on Similar Recent Contracts Total Rankin Total possible points per committee member 20 15 15 15 5 20 10 100 Total possible points for five members 1 100 1 75 1 75 1 75 1 25 1 100 1 50 1 500 Witt O'Brien's, LLC 87 71 66 73 22 79 41 439 1 Thompson Consulting 90 67 66 73 22 89 31 438 2 Tetra Tech 94 71 64 69 23 64 45 430 3 True North Emergency Management 90 70 66 73 22 58 41 420 4 Rostan Solutions 80 71 67 72 23 65 40 418 5 Landfall Strategies 80 68 65 58 23 69 40 403 6 GP Strategies Corp 88 67 67 67 21 50 41 401 7 Attachment8.1.3.a: 15-030 Attachment A - Scores and Ranking (2909 : Request for Proposal (RFP) No. 15-030, Disaster Debris Monitoring) CD W iD 8.1.3.b Attachment B BOARD OF COUNTY COMMISSIONERS a 7 O(JNT F L O R[ D A Tabulation Sheet RFP No.15-030 PURCHASING DEPARTMENT Disaster Debris Monitoring Management & Consulting Services GP Strategies Corporation Contact: Joshua Norman Phone: 850-238-0611 Fax: n/a Address: 51 Grande Pointe Dr., Panama City Beach, FL 32413 Landfall Strategies Contact: E. Craig Schultz Phone: 941-451-7472 Fax: n/a Address: 22 South Links Ave., Suite #200, Sarasota, FL 34236 Rostan Solutions LLC Contact: Darius Stankunas Phone: 813-417-0106 Fax: 813-333-7330 Address: 301 NW Flagler Ave., Stuart, FL 34994 Tetra Tech Contact: Jonathan Bur iel Phone: 321-441-8500 Fax: 321-441-8501 Address: 2301 Lucien Way, Suite 120, Maitland, FL 32751 Thompson Consulting Services Contact: Jon Hoyle I Phone: 407-792-0018 Fax: 407-878-7858 Address: 1135 Townpark Ave., Suite 2101, Lake Mary, FL 32746 True North Emergency Management Contact: Derrick Tucker Phone: 817-870-2422 1 Fax: 817-870-2489 Address: 512 Main Street, Suite 415, Fort Worth, Texas, 76102 Witt O'Brien's, LLC Contact: Donald Costanzo Phone: 954-523-2200 Fax: 954-524-9185 Address: 2200 Eller Drive, Ft. Lauderdale, FL 33316 Number of companies notified*: 486 Number of bid documents distributed*: 28 Number of bids received: 7 *per demandstar.com 0 z a a_ N O a O a` J° N O CD 0 w N Packet Pg. 171 8.J.1 ITEM NO. (ID # 2878) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE 06/16/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the 8th Annual Back to School Expo The Back to School Expo is an annual, local event that provides one stop access to valuable information and services for families whose children are preparing to attend school or return to school. The event will take place on Saturday, August 1, 2015 and will provide families with health screenings, information on safety, community resources and school readiness. The event is free to the public. The Back to School Expo is organized by a coalition organizations including the Pink Rose Foundation, the Friends of St. Lucie County Public Health, the Early Learning Coalition, St. Lucie County School District, Healthy Kids of St. Lucie County, the Florida Department of Health in St. Lucie County and Florida Community Health Centers. It is requested that the BOCC waive the rental fee for the Fenn Center in the amount of $3,345. This fee can be waived by the BOCC pursuant to section 138a in "Exhibit A" of Resolution No. 14-053. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: July 15, 2014 / Item #2193 - The BOCC waived $3,345 in facility rental fees at the Fenn Center for the 7th Annual Back to School Expo. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $3,345 in facility rental fee revenue making the amount of facility rental fees waived to date at the Fenn Center for fiscal year 2015 a total of $11,035. RECOMMENDATION: Staff recommends the BOCC waive $3,345 in facility rental fees at the Havert L. Fenn Center for the 8th Annual Back to School Expo. [0 ►] Ti1►�ifl;��I�P►Ie��L�P►F Packet Pg. 172 8.J.1 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Direcf014/2015 1),�dlivp anie 5. McIntyre, C my ttcrney 6/3/2015 Updated: 5/11/2015 3:33 PM by Charlotte Bireley Page 2 Packet Pg. 173 8.J.1.a April24, 2015 Edward Matthews St Lucie County Parks and Recreation Director 2300 Virginia Ave Fort Pierce, FL 34982 Dear Mr. Matthews, A coalition of community organizations including Friends of St Lucie County Public Health, Early Learning Coalition of St Lucie County, St Lucie County School District, Healthy Kids of St Lucie County, Florida Department of Health in St Lucie County, Florida Community Health Centers, and Pink Rose Foundation -- is in the process of organizing the 81h Annual Back to School Expo scheduled for August 151, 2015. The Back to School Expo is an annual event that provides "one stop" access to valuable information and services for the whole family, including health screenings, information on safety, community resources, and school readiness, The event is free to the public. While our community organizations and businesses exhibit their services together, we hope to provide needed services to families, as well as free backpacks and school supplies to help students prepare for a successful school year. The proposed venue of the event is the Havert L. Fenn Center. We are respectfully requesting a waiver of the fees associated with the use of the facility for the event from the Board of County Commissioners. A breakdown of fees quoted by the Fenn Center is hereto attached for your review. Should the commission grant this waiver, we agree to: • Abide by all terms of use from Parks and Recreation Department; • Provide acceptable certificate of event insurance; • Pay for the use of necessary equipment and personnel expenses for Parks and Recreation employees; • Engage Law enforcement personnel and other volunteers for crowd control and security; This year again we hope to receive enough financial support from community sponsorships to provide school supplies to needy families in St Lucie County. No one will derive any profit or financial benefits from the event. Please help us bring this needed event to your constituents by approving our request. Thank you. Respectfully, Sponsorship Committee Chair Mi helle Jerger a Packet Pg. 174 8.J.1.b EXHIBIT A J - RESERVATION FEES VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Date: April 27, 2015 Event Date: July 31 & August 1, 2016 Event Day: Friday and Saturday Event: Back to School Expo Event Times: 7am - 11am No. of Attendees 2,000-3,000 Set Up/Load In: Friday 12pm - 5pm, Saturday 6am - 7am Contact: Betty Robinson Break Down/Load Out: Saturday 11am - 12pm Total Event Hours, inc. Load in/Out: 11 hours Organization: Pink Rose Foundation Address: PO Box 2075 Ft. Pierce, FL 34954 Office Phone: Fax: Cell: 772-971-1596 E-mail Address: Betty_Robinson2@bellsouth.net Facility Use Fee Gymnasium - Friday Entire Fenn Center - Saturday Equipment Use Fees Tables & chairs Screens Rate $160 per hour X 5 hours $610 per hour X 6 hours Fee $800,00 $3,660.00 Sub-totall $4.460.00 Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% FACILITY USE FEE TOT. $1,115.00 $3,345.00 TIE 1 $3,345.001 N/C $0.00 $75 each X 2 $150.00 Sales Tax 6.5% TIE EQUIPMENT FEES TOTAL $150.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) $25 per hour X 6 hours $150.00 Custodian/Event staff $18 per hour X 6 hours X 5 people $540.00 STAFF FEES TOTAL $690.00 Other Fees Catering Fee - Cleaning Fee Event Insurance Premium (if applicable; by separate check) OTHER FEES TOTAL $225.00 TOTAL CHARGES WITHOUT Wi IVERI $4,410.00 AMOUNT TO BE WAIVED $3,345.00� Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES WITH WAIVERI $1,065.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Crissy Elliott c m w 6 0 to 0 Y CU m L 0 L a� a� aD u- co ti 00 N m E w a� a� u- r 7 w c aD E t r Q FORM APPROVED MAY 2012 Packet Pg. 175 8.J.1.c xNTR, MMM SRRVIaR P, 0. ROX 2908 CINCIiYKATI, On 45201 Date: SEP PINK ROSE FOUMATION INC CJO Flp-TTY ROBINSON PO WX 2075 FORT PS$RCE, PL 34954-2075 Pear Applicant: DEPARTMENT OP THE 'iMSMY Rmgioyer Identification Number: 41-Q1994C3 nLH. 208108011 Contact Porsons I+ MA 13ANXBZS TD#4 75096 Contact Telephone U mberr 1877) 829-5500 Accounting Period. onding: Aecember 31 Public Charity Statue: 5094a)(2) Form 090 Reyuiradt yes _. 9f9ective Data of RxemptJon: August 28, 2008 Contribution DedUotibf lity s yen Addendum APPliea ; NO KO are pleaased to inform you that upon review of yo= application for tax exert status we bave determined that you are exempt from Federal incom tax under section S01fa) (3) of the TntezUal Revenue Cade. Contributionaa to you are deductible mader section i.7p of the code. You are also 11f ed to receive tat dedm*ti,.ble bequests, devises, trwmfeze or gifts under asectiou 205'S, 21oG PINK ROTA YQIi14FaTION ANC ftbext Choi Direetoz, Exempt arganizationa Rulings and Agreements Enclosures: Publication 4221.-PC Packet Pg. 176 8.J.1.d RESOLUTION 14-053 A RESOLUTION AMENDING RESOLUTION NO. 12-047 AND MADE APART I IEREQF AS ., ATTACI IMENTA" AND REPEALING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and 3. On January 191h, 2010, the County entered into an amended and restated Recreation Facilities Mutual Use Agreement , hereinafter "Mutual Use", with the St. Lucie County School Board; and 4. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 5. On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and 6. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and 7. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and 8. The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 177 8.J.1.d 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, 96-236, 12-047 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 15 day of April, 2014. BOARD OF COUNTY COMMISSIO ATTEST: ,a ST. LUC CO Y, FLORI Deputy Clerk Chair APPROVEDA TOFOI BY: /C -, / 61� County Attor, r c a� w 0 0 Cn 0 .r 0 m �0 L > m m U_ 00 ti w N ESS: Packet Pg. 178 8.J.1.d Exhibit A — Resolution 14-053 St. Lucie County Amended Facility Use Policy A. FACILITY USE REQUIREMENTS 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. Packet Pg. 179 8.J.1.d a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 8. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility fortheimproper orillegal serving ofalcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES 1. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar Packet Pg. 180 8.J.1.d facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should be judicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: Active nonprofit organizations which have received tax exemption under Section 501(c)(3) or othersection of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010.) 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: Packet Pg. 181 8.J.1.d Active status as anon profit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. 7. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. 8. Facility use fees may be waived by the Board of County Commissioners for: Packet Pg. 182 8.J.1.d a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency (except St. Lucie County School Board which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. 9. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. 10. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. 11. To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. Packet Pg. 183 8.J.1.d S:\ATY\RESOLUTIONS\2014\Amending 12-047.wpd Q Packet Pg. 184 8.J.2 ITEM NO. (ID # 2903) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE 06/16/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the 2015 Chili Cook -Off The 33rd Annual Boys & Girls of St. Lucie County Chili Cook -Off will be held on July 11, 2015. The event raises awareness for the Boys and Girls Club of St. Lucie County and all proceeds directly benefit the needs of local children through the various enrichment experiences provided by the Boys and Girls Club of St. Lucie County. It is requested that the BOCC waive the fee for the rental of the Fenn Center in the amount of $9,750. This fee can be waived by the BOCC pursuant to section B.8.a. in "Attachment A" of Resolution No. 14-053. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: July 3, 2012 / Item No. VI-G2 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2012 Chili Cook -Off in the amount of $2,400. June 18, 2013 / Item #1362 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2013 Chili Cook -Off event in the amount of $9,750. May 20, 2014 / Item #2113 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2014 Chili Cook -Off in the amount of $9,650. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $9,750 in facility rental fee revenue making the amount of facility rental fees waived to date at the Fenn Center for fiscal year 2015 a total of $20,785. RECOMMENDATION: Staff recommends the BOCC waive $9,750 in facility rental fees at the Havert L. Fenn Center for the 2015 Chili Cook -Off. COMMISSION ACTION: Packet Pg. 185 8.J.2 Coordination/Signatures 77 Edward Matthews, Par , Recreatio Facilities Directors/1/2015 Danie 5. McIntyre, Cgifinty ttorney 6/3/2015 Updated: 6/1/2015 4:10 PM by Charlotte Bireley Page 2 Packet Pg. 186 8.J.2.a GREAT FUTURES START HERE, �P/ BOYS & GIRLS CLU13S OF ST. LUCIE COUNTY 3104, e.J FORT P1ERCF., FL 34947 T1:1.. (772) � 60-9918, April 24, 2015 1'.�5:(866)337-9918 W 11•ll•,H(;COFSLC.0RG 130AR1) OF 1)1REiCFURS Edward Matthews, Director 11'ill Anmsteacl Parks Recreation and Facilities Clile/ f�ohuuccr Ojfirer ' St. Lucie County C1,ris Morhaidt 2300 Virginia Avenue Pre&1rlli Elect Fort Pierce, FL 34982 Charles Caugianelli Vice President Jav 7rrararerurer �d Re: 33Annual Chili Cook -Off, Waiver of Rental Fees David Jasa Scrrrtmy Dear Mr. Edwards, Sean Baldwin Charles Cu°°,° Charlie D'Agata The Boys & Girls Clubs of St. Lucie County is hereby requesting a waiver of the rental fee for the Fenn Center, which will be used for the 33rd Annual Chili Cook - Off to be held on Saturday, July 11, 2015. This year's Chili Cook -Off is once again Doug Farreli being held to benefit the Boys & Girls Clubs of St. Lucie County. Angelique Lyons Over the past 32 years the Chili Cook -Off has grown into the premier summer 51,a„n°n aarti" fundraiser in St. Lucie County, raising money for kids in our community. This Nate Spera year's event will start with the team set up on Friday, July 10 and conclude on PaulTaglieri Saturday, July 11. We expect another successful event and anticipate over 5,000 people will stop by the Chili Cook -Off to eat chili and enjoy the entertainment, Clarice7bul'ey while relaxing in the air conditioned confines of the Fenn Center. 'Para Turner Larry D. Willian,s,Jr. The Boys & Girls Clubs of St. Lucie County is a 50(1)(3) not -for -profit We are respectfully requesting that the Fenn Center rental fee of Tamara C. Williamsorganization. $9,750 be waived pursuant to the Board of County Commissioners policy. Michael A. Sancho Clluf l:'.Tcrairirc ofrrr Thank you for your assistance in this matter. PROCUI.1' SL'11110R•1)'.D Yours truly, I j Ser►ices �a�Ir�cil :;,�' �; - ;�' - Michael A. Sancho >°«€ Chief Executive Officer . United Way 0f St. Lucie County W Packet Pg. 187 8.J.2.a EXHIBIT A G = - RESERVATION FEES Ifni VENUE: Havert L. Fenn Center • r - .......:... mommoom PHONE: 772-462-1521 FAX: 772-462-1128 Date: April 23, 2015 Event Date: July 10 - 11, 2015 Event Day: Friday - Saturday Event: Chili Cook Off Event Times: Saturday 1lam - 6pm No. of Attendees 3000 Set Up/Load in: Friday 8am - 9pm, Saturday 8am - 11 pm Contact: Diana Gonzalez Break Down/Load Out: Saturday 6pm - 9pm Total Event Hours, inc. Load in/Out: 26 hours Organization: Boys & Girls Clubs of St. Lucie County Address: 3104 Avenue J Ft. Pierce, FL 34947 Phone: 772-460-9918 E-Mail Address: dgonzalez@becofslc.org Facility Use Fees Rate Fee o Entire Fenn Center - Friday M-M rate $6,500 $6,500.00 v Entire Fenn Center - Saturday M-M rate $6,500 $6,500.00 U Sub -total $13,000.00 r Deduct 25% Nonprofit Discount $3,250.00 N Revised Sub -total $9,750.00 L 4° Sales Tax 6.5% TIE L AMOUNT TO BE WAIVED MULTI FACILITY USE FEE TOTAL $9,750.010 Equipment Use Fees Table & Chairs Included in rental N/C M In Large Stage $18 per section X 16 sections $288.00 Stage Backdrop $150 each $150.00 M c Dumpster $100 each $100.00 nI Cleaning Fee $300 for gym $300.00 CU Sales Tax 6.5% T/E N EQUIPMENT FEES TOTAL $838.00 m Staff/Personnel (Does not include cost of any required security personnel) m u-I Event Supervisor (Fenn) $25 per hour X 24 hours $600.00 r Custodian/Event Staff (Fenn) $18 per hour X 74 hours $1,332.00 J Electrician (Fenn) $30 per hour X 10 hours $300.00 STAFF FEES TOTALI $2,232,00 N i ao TOTAL ESTIMATED CHARGES WITHOUT WAIVER $12,820.00 ESTIMATED CHARGES WITH WAIVED FEE $3,010.00 Other Requirements include but are not limited to: 1. 60% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse Packet Pg. 188 8.J.2.a INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 Date: APR 2 21999 rAP'R9 1999 D BOYS & GIRLS CLUB OF ST LUCIE COUNTY INC 607 N 7TH ST STE 1 FORT PIERCE, Fb 34950-3109 Dear Applicant: DEPARTMENT OF THE TREASURY Employer identification Number: 65-0505369 DLN: 17053058709039 Contact Person: TERRY SAYLOR ID4 31291 Contact 'telephone Number: (877) 829•-5500 Our Lettef Dated: November, 1994 Addendum Applies: No This modifies our -letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the internal. Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) . Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(-I) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or.was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above, sincerely yours, District Dffector f Letter 1050 (DO/CG) Packet Pg. 189 8.J.2.b RESOLUTION 14-053 A RESOLUTION AMENDING RESOLUTION NO. 12-047 AND MADE APART I IEREQF AS ., ATTACI IMENTA" AND REPEALING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and 3. On January 191h, 2010, the County entered into an amended and restated Recreation Facilities Mutual Use Agreement , hereinafter "Mutual Use", with the St. Lucie County School Board; and 4. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 5. On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and 6. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and 7. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and 8. The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 190 8.J.2.b 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, 96-236, 12-047 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 15 day of April, 2014. BOARD OF COUNTY COMMISSIO ATTEST: ,a ST. LUC CO Y, FLORI Deputy Clerk Chair APPROVEDA TOFOI BY: /C -, / 61� County Attor, ESS: Packet Pg. 191 8.J.2.b Exhibit A — Resolution 14-053 St. Lucie County Amended Facility Use Policy A. FACILITY USE REQUIREMENTS 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. Packet Pg. 192 8.J.2.b a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 8. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility fortheimproper orillegal serving ofalcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES 1. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar Packet Pg. 193 8.J.2.b facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should be judicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: Active nonprofit organizations which have received tax exemption under Section 501(c)(3) or othersection of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010.) 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: Packet Pg. 194 8.J.2.b Active status as anon profit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. 7. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. 8. Facility use fees may be waived by the Board of County Commissioners for: Packet Pg. 195 8.J.2.b a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency (except St. Lucie County School Board which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. 9. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. 10. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. 11. To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. Packet Pg. 196 8.J.2.b S:\ATY\RESOLUTIONS\2014\Amending 12-047.wpd F 0 Y O O U t U LO 0 N L O L i m M O m 04 M LO O V O a a� N u t4 LL C O 7 O N N N C N E L V Q Packet Pg. 197 8.J.3 ITEM NO. (ID # 2910) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE 06/16/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES First Amendment to Backus Grant Agreement (C12-10-197) On October 23, 2012, the Board approved the Backus Gallery & Museum Grant Agreement in the amount of $400,000 for a 4,500 square foot expansion of its facility located in downtown Fort Pierce. Payments for the grant are scheduled to begin on October 1, 2015 as per the agreement. Funding for the grant is generated from monies from 33% of the 5th cent of the County's Tourist Development Tax. This portion of the cent is allocated for capital projects north of Midway Road. During the design phase of the project's development, the scope of the project's expansion changed. The original scope of the project was a 4,500 square foot expansion to the facility. The new scope of the project has been modified to a 2,250 square foot expansion on the north side of the existing facility and will include an exhibit gallery for the Backus collection, handicapped restrooms, a workroom and mechanicals for the gallery. An update on the project, including the revised scope was presented to the Tourist Development Council at its meeting on October 8, 2014 with no issues. September 7, 2010 / Item No. VI-G2 - The BOCC approved Backus Gallery & Museum Grant Agreement (C10-09-385) in the amount of $300,000 for its expansion project. September 20, 2011 / Item No. VI-H - The BOCC approved the First Amendment to the Backus Gallery & Museum Grant Agreement (C10-09-385) amending the agreement to provide for an 18-month extension. October 23, 2012 / Item No. VI -CI - The BOCC approved to rescind the Backus Gallery & Museum Grant Agreement (C10-09-385) and enter into a new Grant Agreement with the Backus Gallery & Museum in the amount of $400,000 (C12-10-497). FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 198 8.J.3 Staff recommends the BOCC approve the First Amendment to the Backus Gallery & Museum Grant Agreement (C12-10-497) and authorize the Chair to sign the document as drafted by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Park, Recreatio Facilities Directaf/3/2015 anie 5. AMr-InWtyre,nt,torney 6/5/2015 Updated: 6/5/2015 10:29 AM by Charlotte Bireley Page 2 Packet Pg. 199 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services/Tourism 8.J.3.a VI- GL 09/07/10 PUBLIC HEARING ( } LEG. ( } QUASWD ( ) CONSENT ( X ) PRESENTED BY: Charlotte Lornbarda__, Tourism Coordinator Tourist Development Council Grant Agreement for the Backus Gallery & Museum expansion project See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: On March 23, 2010, the Board approved fully funding the Backus Gallery & Museum's expansion project in the amount: of $300,000. RECOMMENDATION: Board approval of the Tourist Development Council Grant Agreement with the N Backus Gallery & Museum in an amount not to exceed $300,000 and authorization for the Chairman to execute the agreement as approved by the County Attorney. E as �a c COMMISSION ACTION: { APPROVED ( } DENIED ( } OTHER Approved 5.0 CONCURRENCE: a Faye W. Outlaw, MPA County Administrator CoordinationlSitlnatures OMB ( ) I Q County Attorney Director ( ) ! T Budget Analyst Dan McIntyre Marie Gouin Patty Marston originating Dept. ( ) �2��� BRb ( ) CJ-ombardl f nIa M.Satterlee q rS Packet Pg. 200 Planning & Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning & Development Services Dlre*,-- FROM: Charlotte Lombard Planning & Developme ServiceslTourism DATE: September 7, 2010 SUBJECT: Tourist Development Council Grant Agreement for the Backus Gallery & Museum expansion project ITEM NO. VI-2 Background: On March 23, 2010, the Board unanimously approved to fully fund the Backus Gallery & Museum's expansion project in the amount of $300,000. The expansion project will be phase one of an overall expansion that will add an additional 4,500 square feet to the existing facility. It is requested that the Board consider approving the attached Grant Agreement with the Backus Gallery & Museum. The agreement will authorize the disbursement of capital funds from the 33% percent of the fifth cent tourist development tax on a quarterly basis for one year. Construction will comply with the County`s Local Preference Ordinance 09-005 and comply with green technology and building standards to the maximum extent possible. Recommendation Board approval of the Tourist Development Council Grant Agreement with the Backus Gallery & Museum in an amount not to exceed $300,000 and authorization for the Chairman to execute the agreement as approved by the County Attorney. Packet Pg. 201 8.J.3.a CIO - (Q - 3S5 GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement"), between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and A.E. "BEAN" BACKUS GALLERY & MUSEUM, INC., or its successors, executors, administrators and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient may be individually referred to as a "Party" or collectively as the "Parties"). IN CONSIDERATION of the mutual benefits received by each Party, the Parties mutually agree as follows: 1. The County has agreed to disperse to the Recipient the total amount of three hundred thousand and 00/100 dollars ($300,000.00) ("Grant") for phase one expansion that will add an additional 4,500 square feet to the existing facility (the "Project") known as the A.E. "Bean" Backus Gallery & Museum (the "Museum"). 2. The Project Manager For the County is Charlotte Lombard, who may be reached by telephone at (772) 462-1539. The Project Manger for the Recipient is Kathleen Fredrick, who may be reached by telephone at (772) 465-0630. . 3. The Grant shall be used by the Recipient for the renovation and construction of the Project in accordance with the St. Lucie County Tourist Development Council Capital Grants Program 2009/2010 Handbook and Recipient's Application, copies of which are attached hereto and incorporated herein as Exhibits "A" and "B" respectively. 4. The procedures for requesting and disbursing of progress payments pursuant to the Grant are set forth below as follows: a. Once renovation and construction commences on the Project, Recipient shall submit a completed request for funds form ("Request Form") to the County's Project Manager quarterly before the 25'h day of the third, sixth, ninth and twelfth month of the calendar year. The request for funds shall be for the dollar amount of Project work completed as of the last day preceding the submission of the request. All requests for payment submitted by the Recipient shall reference the County's Contract number. 1. If the County approves the Request Form, then the County shall make payment to the Recipient in the amount of the request contained in the Request Form within twenty (20) business days after the County's Project Manager's receipt of such Request Form. The County's Project Manager will review the Request Form and all certifications by the Recipient. Progress payments shall be made during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Grant on the basis of Work completed as certified by the Recipient and approved by the County'sTourism Manager. The remaining ten percent (10%) due from the Grant shall be paid within twenty (20) days of receipt of a Request Form with proof attached of obtaining a certificate of occupancy from the building official. S:\ATTY\AG REEMNT\Backus Gtant Updated.wpd 1 Packet Pg. 202 8.J.3.a 2. The County may reject the Request Form in writing to the Recipient in which event the County shall specify the deficiency and the action necessary to correct the deficiency. Thereafter, the Recipient shall take all action necessary to correct the deficiency and shall submit the corrected Request Form to the County's Project Manager. if the Request Form is then acceptable to the County, payment shall be made by the County to Recipient within twenty (20) days after the County's Project Manager's receipt of a corrected Request Form. 5. The term of this Agreement shall be for one (1) year commencing on the date of this Agreement. The term of this Agreement may be extended upon the mutual written consent of the Parties. I_ -- 6. The Recipient shall have internal controls adequate to safeguard the Grant funds and provide an audit by a certified or duly licensed public accountant of the expenditures of the funds disbursed pursuant to this Agreement. Recipient shall submit all documents required within nine (9) months following the termination of its fiscal year during which funds are expended under the Grant Agreement. 7. The Recipient grants to the County the right until the expiration of three (3) years after the last expenditure of Grant funds under this Agreement, to audit the use of the Grant funds. Upon demand, the County shall be provided with access and the right to examine any books, documents, papers, and records of the Recipient involving transactions related to the use of Grant funds. All required records shall be maintained by Recipient until the earlier of the following occur: (a) an audit is completed and all questions arising therefrom are resolved; or (b) until the expiration of three (3) years after the last expenditure of Grant funds. 8. Recipient responsibilities shall include the following: a. Maintenance - The Museum shall be maintained by Recipient in accordance with the standards of maintenance for other similar local facilities in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair by Recipient to prevent undue deterioration and to encourage public use. b. Handicapped Accessibility - The Museum will provide for handicapped accessibility in compliance with applicable federal, state and local laws, rules and requirements. C. General Accessibility -The Museum must be accessible to the public upon the payment of an entrance or membership fee on a non-exclusive basis without discrimination. d. Road Signage - Ifthe Museum is not visible from a major roadway, adequate signage to identify the Project to tourists shall be erected on the nearest major roadway, as permitted or restricted by the City of Fort Pierce, Florida, or any other governmental entity having jurisdiction of said roadway. $!\ATTY\AGREEMNT\Backus Grant Updoted.wpd 2 Packet Pg. 203 8.J.3.a e. On -Site Signage - Signage shall be erected by Recipient to acknowledge that Tourist Development tax dollars were used in part to construct the Project. The Recipient and the County shall mutually agree upon the type and location of Signage before or during construction. f. Recipient represents and warrants that it is holder of a fifty (50) year lease made and given by the City of Fort Pierce for the Museum site. Pursuant to Florida Statutes, Section 125.0104, Recipient covenants and agrees with County that the Grant funds will be utilized to remodel, improve and operate the Museum which will be City owned, open to the public, and operated by Recipient as a not -for -profit organization. If the Recipient sells, transfers or assigns for value received Recipient's interest in and to the Museum to another entity or to any other profit or not -for -profit organization, or otherwise, and such sale, transfer or assignment is far value and is not first approved by the County within thirty (30) years from and after the date of this Agreement, the Recipient shall be required to repay all Grant funds to the County. 9. The Recipient shall make available all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 10. Recipient agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold harmless the St. Lucie County Board of County Commissioners, its officials, agents, employees, elected officers, and representatives and each of them, collectively and for the purposes of this Paragraph 10 only, the County at all times from and against any and all claims, liability, expenses, losses, costs, fines, recoveries and damages, including attorney's fees resulting from the Recipient's receipt and expenditure of the Grant funds or causes of action of every kind and character against the County, including but not limited to, damage to property or the environment or bodily injury (including death, specifically arising out of or as a result of or incident to or in connection with Recipient's performance under this Agreement or the condition of the Project as a result of actions taken or omissions by Recipient pursuant to this Agreement; provided, however, that Recipient shall not be responsible to County for any claims, liability, expenses, losses, costs, fines, recoveries and damages, including costs and attorney's fees, resulting out of bodily injury or damages to property which Recipient can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Recipient further agrees to pay on behalf of, indemnify and hold harmless the County for any fines, citations, court judgments, insurance claims, restoration costs or other liabilities specifically resulting from the Recipient's activities in, on or about the Project, whether or not the Recipient was negligent or even knowledgeable of any events precipitating such a fine, citation, insurance claim, restoration cost or other liability. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 11. Recipient shall maintain Comprehensive General Liability Insurance, including Broad Form Property Damage and Personal Injury Liability coverages. Such policy shall name St. Lucie County as additional insured. Limits of liability coverage to S:\ATTY\AGREEMNT\Backus Gram Updaled.wpd 3 Packet Pg. 204 8.J.3.a be not less than: 1. Bodily Injury Liability 2. Property Damage Liability or Bodily Injury and Property Damage Liability $1,000,000 each occurrence $ 50,000 each occurrence $1,000,000 each occurrence combined single limit Recipient shall maintain in effect Workers Compensation Insurance that meets Florida Statutory requirements. Recipient shall furnish the County with a Certificate of Insurance evidencing existence of the coverages required above with an insurer approved by to Insurance Commissioner for the State of Florida_ Each such certificate shall include the following wording: "St. Lucie County Board of County Commissioners, its officers and employees are named as additional insured's with respect to actions occurring as a result of this Agreement." In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the Party agrees to notify the other Parties of the claim as soon as possible but not later that thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges and immunities, including sovereign immunity as provided by law as set forth In Florida Statute 768.28 12. The Recipient agrees to comply with all local, state and federal laws, rules and regulations including but not limited to Americans with Disability Act and Ordinance No. 09-005 "Local Preference". 13. All publications, media productions and exhibit graphics related to this Agreement shall include the following statement: "Sponsored in part by St. Lucie County Tourist Development Council". 14. If prior to commencement of construction, including, but not necessarily limited to preparation for construction by way of architecture and engineers' creation of specifications and plans, it should be determined that the Museum project is not feasible and will not commence, either party may terminate this Agreement upon the delivery of thirty (30) days' prior written notice to the other party. Fallowing commencement of construction of the project, neither party may terminate this Agreement except for good cause shown, including breach of this Agreement by Recipient, 5:\ATTY\ACREEMNT\Backus Grant Vpdmed,wpd 4 Packet Pg. 205 8.J.3.a 15. Any notice shall be in writing and sent registered or certified mail, return receipt requested, postage and charges prepaid, and addressed to the Parties at the following addresses: To the_Cnunty St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Kathleen Fredrick 500 North Indian River Drive Fort Pierce, FL 34950 With a co to• St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Frank H, Fee, III, Esquire Fee, DeRoss & Fee, P.L. 426 avenue A Fort Pierce, FI 34950 Notice shall be deemed received on the date set forth on the return receipt. If any notice is returned because a Party refused to accept delivery thereof, then notice shall be deemed received on the date the notice was refused by such Party as evidenced by said return receipt. 16. No amendment, modification or waiver of any term or condition contained in this Agreement shall be valid or effective unless in writing, properly authorized, executed by both Parties and delivered. No waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms of contract modification, Recipient agrees to use said forms. 17. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and/or assigns (only if permitted by the terms hereof). 18. The Parties shall not assign this Agreement to any other person or firm without first obtaining the other Parties written approval. In addition, the Parties shall not have the right to assign any or all of its rights and interests under this Agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the other Party. For purposes of this paragraph, a transfer of substantially of its assets shall mean more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without the other Parties prior written consent shall be deemed a default subject to the remedies provided herein. 18. This Agreement embodies the whole understanding and agreement of the Parties with respect to the subject matter of this Agreement. This Agreement shall S-\ATTY\AGREEMNT\Backus Grant Updaled.wpd 5 Packet Pg. 206 8.J.3.a supersede all previous communications, representations or agreements between the Parties, either verbal or written. 19. In the event of a dispute between the Parties in connection with this Agreement, the Parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The Parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the Parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 20. All interpretations of this Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either Party to initiate legal action regarding this Agreement: (a) for any claims arising under state law, venue shall be vested in the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida; and (b) for any claims arising under federal law, venue shall be vested in the US District Court For the Southern District of Florida. IN WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials as of the day and year set forth below the signature of the last of the Parties to execute this Agreement. _ WITNESSES: S:\ATTY\AGREEMNT\Backus Gran[ Updated.wpd 6 DARD OF�UNTICOMMISSIONERS r. LU,CrE UNT)i, FLORIDA an PPROVED AS TO FORM AND DRRECTNE S*Atr'eyCou A.E. "BEAN" BACKUS GALLERY & MUSUEM, IN B -- Name: s:;Mkt7iCk Title: Date:-_�------�_ Packet Pg. 207 8.J.3.b ITEM NO. VI-H DATE: 09/20/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( } QUASI -JD ( } CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator SUBJECT: Grant Agreement Extension Request for the Backus Gallery & Museum expansion project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-582000-500 PREVIOUS ACTION: September 7, 2010 Board approval of the Backus Gallery & Museum Grant Agreement in the amount of $300,000 for its expansion project. RECOMMENDATION: Board approval of the Tourist Development Council Grant Agreement Extension Request for the Backus Gallery & Museum expansion project and authorization for the Chairman to sign the document as drafted as approved the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED { } DENIED �`` "" ( } OTHER a4x� Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( )i OMB Director ( } �✓ - Budget Analyst Dan McIntyre ari Go in Patty Marston Originating Dept. ( }O( for ERD ( ) C.Lombardl n1a M. Satterlee Packet Pg. 208 8.J.3.b Planning & Development Services TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning & Development Sv* es Director FROM: Charlotte Lombar Planning & Development Services/Tourism DATE: September 20, 2011 SUBJECT: Tourist Development Council Grant Agreement extension request for the Backus Gallery & Museum expansion project ITEM NO. VI-H Background. On September 7, 2010, the Board unanimously approved to fully fund the Backus Gallery & Museum's expansion project in the amount of $300,000, The expansion project is Phase One of an overall expansion that will add an additional 4,500 square feet to the existing facility. The grant agreement (attached) was signed by both parties on September 20, 2010 and the terms of the agreement were for one year and could be extended upon the mutual written consent of both the County and the Backus Museum. The Tourist Development Council met in its regularly scheduled meeting on Wednesday, September 14, 2011. The TDC unanimously recommended an 18 month extension to the existing grant agreement for the Backus Museum's expansion project. The TDC also requested that the Backus Museum provide a formal update of the expansion project in 12 months. Recommendation Board approval of the Tourist Development Council Grant Agreement Extension Request for the Backus Gallery & Museum and authorization for the Chairman to sign the document as approved by the County Attorney. Packet Pg. 209 (1 10 - C6 8.J.3.b FIRST AMENDMENT TO GRANT AGREEMENT THIS FIRST AMENDMENT is made and entered into this X day ofsz OAni.-e4 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and A.E. "BEAN" BACKUS GALLERY & MUSEUM, INC., or its successors, executors, administrators and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient may be individually referred to as a "Party" or collectively as the "Parties"). WITNESSETH: WHEREAS, the parties entered into a Grant Agreement wherein the County agreed to disburse a grant to the Recipient for the renovation and construction of the Phase One expansion to the facility (the "Agreemenf')and, WHEREAS, the Agreement provided for the grant funds to be expended on or before September 30, 2011; and, WHEREAS, the Recipient has requested that the Agreement be extended in order to raise additional funds; and, WHEREAS, the County is willing to amend the Agreement to provide for the extension with an early termination clause. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants N herein contained, the parties hereto agree as follows: x 1. Paragraph 5 of the Agreement is hereby amended to read as follows: E as 5. The term of this Agreement shall be extended for an additional eighteen months expiring on March 31, 2013. At the September 2012, meeting of the St. Lucie 1 G L County Tourist Development Council (the "Council")the Recipient shall provide a status report on a the raising of the additional funds and the progress of the expansion. M 7 The County may terminate this Agreement within thirty (30) calendar days after the presentation to the Council by giving written notice of a deficiency in the progress of the fund raising and expansion construction and by allowing the Recipient seven (7) calendar days to correct the deficiency. If the Recipient fails to correct the deficiency within the seven calendar day period, a this Agreement shall terminate at the expiration of that time period. Packet Pg. 210 8.J.3.b If the Recipient fails to fulfill any obligation under this Agreement in a timely and proper manner, the County shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the Recipient seven (7) calendar days to correct the deficiency. If the Recipient fails to correct the deficiency within the seven calendar day period, this Agreement shall terminate at the expiration of that time period. Upon any early termination, the Recipient waives any claims for damages from the termination, including loss of anticipated profits, and as the sole right and remedy of the Recipient,the County shall compensate the Recipient for the Work satisfactorily and responsibly completed thru the termination date. These clauses shall survive the termination of this Agreement. 2. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have ecuted�this d7"7 n the date first above written. ` r UCIE APPROVED AS TO FORM AND CORRECTNESS: By: 6ssl • County Attorney WITNESSES: A.E. "BEAN" BACKUS GALLERY & MUSUEM, INC. By- 'AName:y`r� Title: Q1 Date: \k s:tiATr Y\A G RE E MEN'I %l a -AEBa c k usgranl Il Packet Pg. 211 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. DATE: AGENDA REQUEST REGULAR 8.J.3.c VI-C 1 10/23/2012 PUBLIC HEARING { ) LEG. ( ) QUASI -JD { ) CONSENT (x ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Edward R. Matthews Parks, Recreation, & Facilities:TourismNenues Director Division Backus Gallery & Museum Grant Agreement See attached memorandum 362-5210-582000-500 Aid to Private Organizations September 7, 2010 -- Board approved to award the TDC grant agreement contract C10-09-385 in the amount of $300,000 to the Backus Gallery & Museum for expansion. RECOMMENDATION: Board approval to award Backus Gallery & Museum the TDC grant in the amount of $400,000 in Fiscal Year 2015 with funding coming from the 33% of the 5th cent of the Tourist Development Tax for Capital Projects North of Midway Road. COMMISSION ACTION: CONCURRENCE: (3� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM coordination/Signatures County Attorney ( ] OMB Director t Budget Analyst Dan McIntyre M. Gouln P. Marston Originating Dept. (yC) Caf r���J ERD ( ) Edward Matthews (Name) ON w LL .. i 0 N U i E c a� Q ii M 0 r c d E t U r Q Packet Pg. 212 8.J.3.c Parks, Recreation, & Facilities: TourismNenues Division MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Parks, Recreation, Facilities, &TourismNenues Dlrecto($;-� DATE: 10/23/2012 SUBJECT. Backus Gallery & Museum's TDC grant expansion ITEM NO. VI-C1 Backaround: On September 7, 2010, the Board of County Commissioners approved to award the Tourist Development Council (TDC) grant to Backus Gallery and Museum in the amount of $300,000 for the expansion of the museum. Due to unforeseen circumstances, Backus Gallery has not been able to move forward at this time with their museum expansion. At the October 9, 2012 Informal Meeting, the Backus Gallery Grant Agreement was discussed with all of the Board of County Commissioners. At the TDC meeting held October 10, 2012, TDC members voted unanimously to award Backus Gallery & Museum $400,000 in Fiscal Year 2015, with the same stipulations as the UDT SEAL grant, and rescind the $300,000 grant they had been already awarded. The grant will be funded by the 33% of the 51h cent of the Tourist Development Tax for Capital projects North of Midway Road. TDC meeting minutes are attached. Recommendation: Board approval to rescind the awarded $300,000 grant and instead award Backus Gallery & Museum the TDC grant in the amount of $400,000 in Fiscal Year 2015 with funding coming from the 33% of the 5th cent of the Tourist Development Tax for Capital Projects North of Midway Road. Packet Pg. 213 8.J.3.c U�-jo,..1_j�, 2012 E. "BEAN" BACKUS GALLERY & MUSEUM, INC. GRANT AGREEMENT (Tourist Development) THIS GRANT AGREEMENT ("Agreement"), between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and A.E. "BEAN" BACKUS GALLERY & MUSEUM, INC., a Florida not for profit corporation, or its successors and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient may be individually referred to as a "Party" or collectively as the "Parties"). WHEREAS, the Recipient is the operator of the A.E. Backus Museum & Gallery, a 5,000 sq.ft. public visual arts facility established in 1960; and WHEREAS, the Recipient features the Nation's largest display of original paintings by AR, Backus; and WHEREAS, A.E. Backus was inducted into the Florida Artist Hall of Fame in 1993; and WHEREAS, the Recipient is planning an expansion of approximately 4,500 sq.ft. to the existing facility; and WHEREAS, the Recipient has requested that the County assist in funding the Museum expansion by allocating four hundred thousand and 0/100 ($400,000.00) dollars beginning in Fiscal Year 2015 from the monies generated from 33% of the Fifth Cent Tourist Development Tax; and WHEREAS, the County does not currently have the funds available to fully fund the proposed expansion but is willing to pledge future monies beginning in the Fiscal Year 2015 to the Recipient from the 33% of the Fifth Cent Tourist Development Tax for up to five (5) years to fund a maximum of $400,000; and WHEREAS, the Recipient is willing to finance the construction of the expansion by obtaining a loan from a financial institution for the monies needed to construct the expansion; and WHEREAS, the County is not pledging any revenue source other than 33% of the Fifth Cent Tourist Development Tax. IN CONSZERATION of the mutual benefits received by each Party, the Parties mutually agree as follows: 5:NATTY%AGREEMMT18acku5 Gahery'12.wpd "1— Packet Pg. 214 8.J.3.c 1. The County has agreed to disperse to the Recipient an amount not to exceed four hundred thousand and 00/100 dollars ($400,000.00) (Grant) f rom the Fifth Cent Tourist Development Tax beginning in Fiscal Year 2015 over a period of 5 years for construction of a 4,500 square -foot expansion (the "Project"), The sole source for the County's grant is 33% of the Fifth Cent Tourist Development Tax. The County makes no representation or guaranty that the allocation of the County's Fifth Cent Tourist Development Tax will generate a specific amount, in no event shall the recipient be able to compel the County to levy on ad - valorem tax. In no event shall the recipient be able to compel the County to disperse any other Tourist Development Tax monies. 2. The Project Manager for the County is Charlotte Bireley, who may be reached by telephone at (772) 462-1539. The Project Manager for the Recipient is Kathleen Fredrick, who may be reached by telephone at (772) 465-0630.. 3. The Grant shall only be used by the Recipient for the construction of the Project in accordance with the St. Lucie County Tourist Development Council Capital Grants Program 2009/2010 Handbook and recipient's Application, copies of which are attached hereto and incorporated herein as Exhibits "A" and "B" respectively. To the extent there is a conflict between the Handbook and this Agreement, this Agreement shall prevail, With the consent of the County, the Recipient may modify the application because of physical, f inancial or legal circumstances, Independent of the Grant Agreement, the Recipient agrees to obtain a loan to fund the expansion. The County shall not be obligated to sign or co-sign the note. 4. The procedures for disbursing payments pursuant to the Grant are set forth below as follows: a. In accordance with the terms set out above, the County agrees to pay to the Recipient an amount not to exceed $400,000 subject to receipt of sufficient funds from the Fifth Cent Tourist Development Tax. The County agrees to pay these monies in monthly payments (subject to receipt of sufficient funds from the Fifth Cent Tourist Development Tax) for five (5) years beginning on October 1, 2015 and continuing on the first day of each succeeding month over the five year term. Af ter the f irst year of the term, the County shall have the right to prepay the principal amount in whole or in part. b. The Parties agree that the Recipient shall begin construction on or before April 30, 2016 and shall complete construction of the Project on or before March 1, 2017. Parties agree that if at anytime before a certificate of occupancy is issued the construction is hatted, payment of the monies will cease. 5:\ATTY\AGREEMNT%8nr.kus Gnllvey'12.wpd -2- Packet Pg. 215 8.J.3.c C. The parties agree that the construction and landscaping plans for the Project must be reviewed and approved by the County before construction begins which approval shall not be unreasonably withheld. The Recipient agrees to contract with a licensed contractor to construct the Project. The contract between the Recipient and the contractor shall include provisions requiring the contractor to; (a) provide a public construction bond consistent with Section 255,05, Florida Statutes (2012); (b) general liability insurance with limits of at least 1,000,000/2,000,000 naming the County as additional named insured; (c) comply with applicable federal, state and local rules and regulations; and (d) comply with green technology and building standards to the maximum extent possible. The Parties agree that the County will be notified upon completion of the Project and provided an opportunity to perform an on -site inspection. d. The County will establish a reserve fund from the proceeds of 33% of the Fifth Cent Tourist Development Tax in the amount of $25,000,00 upon the commencement of the term. The reserve funds would be used in the event of a revenue shortfall and shall be replenished and maintained at the $25,000 for the five (5) year term or such time as the Recipient's loan is satisfied from the 33% of the Fifth Cent Tourist Development Tax, 5. The term of this Agreement shall be for five (5) year commencing on September 1, 2015. The term of this Agreement may be extended upon the mutual written consent of the Parties. Consent is hereby assumed if the principal amount of $400,000 has not been paid to the Recipient by the end of the five (5) year term. 6. The Recipient shall notify the County in writing within ten (10) days of any modifications to the Note obtained for the construction of the Project. 7. The Recipient shall have internal controls adequate to safeguard the Grant funds. Recipient shall submit an uncertified audit of all receipts and disbursements of Grant funds within sixty (60) days following the termination of this Agreement. 8. The Recipient grants to the County the right until the expiration of three (3) years after the last expenditure of Grant funds under this Agreement, to audit the use of the Grant funds. Upon demand, the County shall be provided with access and the right to examine any books, documents, papers, and records of the Recipient involving transactions related to the use of Grant funds. All required records shall be maintained by Recipient until the earlier of the following to occur: (a) an audit is completed and all questions arising therefrom are resolved or the County has notified the Recipient in writing; or (b) until the expiration of three (3) years after the last expenditure of Grant funds. s:\ATTY\AGREEMNT\Backus GGII&ry']2.wpd -3- Packet Pg. 216 8.J.3.c 9. Recipient responsibilities shall include the following. a. Maintenance - The Museum shall be maintained by Recipient in accordance with the standards of maintenance for other similar local facilities in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair by Recipient to prevent undue deterioration and to encourage public use. b. Handicapped Accessibility - The Museum will provide for handicapped accessibility in compliance with applicable federal, state and local Iaws,ruies and requirements. C. General Accessibility- The Museum must be accessible to thepublicupon the payment of an entrance or membership fee on a non-exclusive basis without discrimination. d. Road Signage - If the Museum is not visible from a major roadway, adequate signage to identify the Project to tourists shall be erected on the nearest major roadway, as permitted or restricted by the City of Fort Pierce, Florida, or any other governmental entity having jurisdiction of said roadway. e. On -Site Signage - Signage shall be erected by Recipient to acknowledge that Tourist Development tax dollars were used in part to construct the Project. The Recipient and the County shall mutually agree upon the type and location of Signage before or during construction. f. Recipient represents and warrants that it is holder of a fifty (50) year lease made and given by the City of Fort Pierce for the Museum site. Pursuant to Section 125.0104, Florida Statutes, Recipient covenants and agrees with County that the Grant funds will be utilized to remodel, improve and operate the Museum which will be City owned, open to the public, and operated by Recipient as a not -for -profit organization. If the Recipient sells, transfers or assigns for value received Recipient's interest in and to the Museum to another entity or to any other profit or not -for -profit organization, or otherwise, and such sale, transfer or assignment is for value and is not f irst approved by the County within thirty (30) days from and after the date of this Agreement, the Recipient shall be required to repay all Grant funds to the County. 10. The Recipient shall make available all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. $:\ATTY\AGREEMNT\8ackus GoVery'12.wpd -4- Packet Pg. 217 8.J.3.c 11, Recipient agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold harmless the St, Lucie County Board of County Commissioners, its officials, agents, employees, elected officers, and representatives and each of them, collectively and for the purposes of this Paragraph 11 only, the County at all times from and against any and all claims, liability, expenses, losses, costs, fines, recoveries and damages, including attorney's fees, resulting from the Recipient's receipt and expenditure of the Grant funds or causes of action of every kind and character against the County, including but not limited to, damage to property or the environment or bodily injury (including death, specifically arising out of or as a result of or incident to or in connection with Recipient's performance under this Agreement or the condition of the Museum as a result of actions taken or omissions by Recipient pursuant to this Agreement; provided, however, that Recipient shall not be responsible to County for any c)aims, liability, expenses, losses, costs, f ines, recoveries and damages, including costs and attorney's fees, resulting out of bodily injury or damages to property which Recipient can establish as being attributable to the negligence of County, its respective agents, servants, employees or officers, Recipient further agrees to pay on behalf of, indemnify and hold harmless the County for any fines, citations, court judgments, insurance claims, restoration costs or other liabilities specifically resulting from the Recipient's activities in, on or about the Project, whether or not the Recipient was negligent or even knowledgeable of any events precipitating such a fine, citation, insurance claim, restoration cost or other liability. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 12, The Recipient agrees to comply with all local, state and federal laws, rules and regulations including but not limited to Americans with Disability Act and Ordinance No. 09- 005 "Local Preference," 13. All future publications, media productions and exhibit graphics concerning this Project and this Agreement shall include the following statement: "Sponsored in part by 5t. Lucie County Tourist bevelopment Council." 14, The County may terminate this Agreement on thirty (30) days notice if the Recipient fails to obtain an adequate construction loan by January 1, 2015. Either Party may terminate this Agreement with cause upon the delivery of ninety (90) days' prior written notice to the other Party identifying the alleged default and failure of that party to cure the alleged default within ninety (90) days. The Recipient shall reimburse the County for: (a) all unexpended Grant funds as of the effective date of the termination; and (b) Grant funds expended in conflict with Recipient's application notwithstanding the time of disbursement, 5:\ATTY\AGREEMNT\8ackus Gallery'l2,wpd -5- Packet Pg. 218 8.J.3.c 15. Any notice shall be in writing and sent registered or certified mail, return receipt requested, postage and charges prepaid, and addressed to the Parties at the following addresses, To the County: __ With a copy to; St. Lucie County Administrator 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 To the Recipient: Kathleen Fredrick 500 North Indian River Drive Fort Pierce, Florida 34950 St, Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 With a copy to: Frank H. Fee, III, Esq. Fee, DeRoss A Fee 426 Avenue A Fort Pierce, Florida 34950 Notice shall be deemed received on the date set forth on the return receipt. If any notice is returned because a Party refused to accept delivery thereof, then notice shall be deemed received on the date the notice was refused by such Party as evidenced by said return receipt. 16. No amendment, modif ication or waiver of any term or condition contained in this Agreement shall be valid or effective unless in writing, properly authorized, executed by both Parties and delivered, No waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms of contract modification, Recipient agrees to use these forms, 17. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and/or assigns (only if permitted by the terms hereof). 18. The Recipient, however, shall not assign this Agreement to any other person or firm without first obtaining County's written approval. In addition, the Recipient shall not have the right to assign any or all of its rights and interests under this Agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall mean more than fifty percent (50%) of the proprietary interest in the business SAATTY\AGAEEMNT\Backus Gallery'12,wpd "6" Packet Pg. 219 8.J.3.c entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default subject to the remedies provided herein. 19. This Agreement embodies the whole understanding and agreement of the Parties with respect to the subject matter of this Agreement. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement shall supersede all previous communications, representations or agreements between the Parties, either verbal or written, 20, In the event of a dispute between the Parties in connection with this Agreement, the Parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The Parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the Parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 21. All interpretations of this Agreement shall be governed by the laws of the State of Florida, In the event it is necessary for either Party to initiate legal action regarding this Agreement: (a)for any claims arising under state law, venue shall be vested in the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida; and (b) for any claims arising under federal law, venue shall be vested in the U.5. District Court for the Southern District of Florida and each party shall be responsible for their own expenses and costs, notwithstanding any other provisions herein. IN WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials as of the day and year set forth below the signature of the last of the Parties to execute this Agreement. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman � ;f)-L Packet Pg. 220 8.J.3.c WITNESSES: 5:\ATTY\AGREEMNT\8ackus &411ery'12.wpd -8- APPROVED AS TO FORM AND CORRECTNESS: BY. A-�5vCounty Attorney A.E. "BEAN" BACKUS GALLERY & MUSEUM, INC. U4��,�A5 - r-X6� Title:�r L+�rcLrsCS Date'. k L Packet Pg. 221 8.J.3.d ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday, October 08, 2014 01:31 P.M. MINUTES Members present: Commissioner Chris Dzadovsky, Chairman Commissioner Rufus Alexander, City of Fort Pierce Marilyn Minix, Roadrunner Travel Resort Vice -Mayor Linda Bartz, City of Port St. Lucie Chris Egan, Vistana's Beach Club — Sheraton PGA Clive Daem, Dockside Inn Michelle MacNichol, Perfect Drive Golf Villas Members absent: Paul Taglieri, St. Lucie Mets Teresa Arronson, St. Lucie County Chamber of Commerce Staff present: Kathryn Barbieri, St. Lucie County Attorney Charlotte Bireley, St. Lucie County Tourism & Venues Darius McPhall, St. Lucie County Tourism & Venues Also present: Ron Knaggs, UDT Museum Ken Corona, UDT Museum Rick Kaiser, UDT Museum Dave Godshall, UDT Museum Criag Mundt, UDT Museum Ann Satterlee, Sunrise Theatre Kathleen Frederick, A.E. Backus Museum Corinne Frederick, A.E. Backus Museum Jennifer Garrity, St. Lucie County Parks Miriam Charles, Heathcote Botanical Gardens Cris Adams, Heathcote Botanical Gardens Linda Fasano Arts and Cultural Alliance 1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 1:31 PM. 2. ROLL CALL: Darius McPhall called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from September 09, 2014 were approved. 5. PUBLIC COMMENT: No public comments. Packet Pg. 222 Tourist Development Council Meeting 0 October 8, 2014 8.J.3.d 6. FINANCIAL REPORT & WEB REPORT: Charlotte Bireley reported that August 2014 revenue was up 14% compared to August 2013. Charlotte Bireley gave the report on the revenue for year to date is up 18.3% from last year. Charlotte Bireley reported that the year to date totals for August bed tax revenue has already surpassed what was projected for the entire year revenue by 21 %. She also highlighted that we are on target for spending the entire projected tourism for the fiscal year. She further highlighted that the expense vs. revenue report for the month of August was middle of the road in comparison to the expenses and revenues during this time last year. Charlotte provided the TDC with a report on the increased activity of the St. Lucie County Tourism web site for the month of September. The month of September was up compared to that month from the previous year. Charlotte commented that the web site visits are expected to increase due to the recent digital advertisements that have been released. 7. Presentation from Capital Grant Recipients: a. Heathcote Botanical Gardens, Chris Adams introduced herself and give a brief presentation of how the grant has assisted the Gardens. Adams commented on how the garden has went from a local attraction to a sought after destination attraction. b. National Navy SEAL Museum, Craig Mundt gave short introduction about himself and too highlighted how the grant has been a benefit to the SEAL Museum, specifically noting the renovations of the existing structures as well as the ability to bring in attractions that has increased the customer base. c. Backus Museum and Gallery, Kathleen Frederick gave background and history of the Museum and presented a revised scope of the project and discussed how the grant will allow them to better preserve the existing art and how the grant will be used in the new projected expansion of the current Backus Museum. 8. Other Business: Commissioner Dzadovsky highlighted his visit with Club Med management team. He stated that the relationship between the Club Med and the tourism industry could be very beneficial for both industries, highlighting that Club Med does over 200,000 bed nights per year and how the St. Lucie County tourism industry could be a secondary source for lodging when events are taking place at the resort. Page 2 of 3 Packet Pg. 223 Tourist Development Council Meeting 0 October 8, 2014 8.J.3.d Dzadovsky further stated that Club Med is wanting to reestablish a relationship with the St. Lucie County tourism industry. Vice Mayor Linda Bartz added that the Club Med is also in the process of opening a volleyball academy on site which will be the only academy of volley ball in the country. 9. Adjournment: Meeting adjourned at 3:04 PM. Page 3 of 3 Packet Pg. 224 8.J.4 ITEM NO. (ID # 2927) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, Tourism & Venues Manager Tourism & Venues Division DATE 06/16/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the Fort Pierce Police Department's Meet & Greet Event The Fort Pierce Police Department will be hosting a meet and greet event to introduce the new Chief of Police, Diane Hobley-Burney on Thursday, June 25, 2015. The event will be open to the public and serve as an opportunity for the community to personally meet the new police chief. It is requested that the BOCC waive the fee for the rental of the Fenn Center in the amount of $112.50. This fee can be waived by the BOCC pursuant to section B.8.b in "Attachment A" of Resolution No. 14-053. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $112.50 in facility rental fee revenue making the amount of facility rental fees waived to date at the Fenn Center for fiscal year 2015 a total of $20,897.50. RECOMMENDATION: Staff recommends the BOCC waive $112.50 in facility rental fees at the Havert L. Fenn Center for the Fort Pierce Police Department's Meet & Greet Event. COMMISSION ACTION: Packet Pg. 225 8.J.4 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directbf`11/2015 arbieri, Asst. County Attorney 6/12/2015 Updated: 6/11/2015 6:02 PM by Charlotte Bireley Page 2 Packet Pg. 226 8.J.4.a ESTIMATE OF FEES OUNTY VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Estimate Date: June 10, 2015 Event Date: June 25, 2015 Event Day: Thursday Event: Open house/Meet & Greet Event Times: 6:30pm - 8:30pm No. of Attendees 50-100 Set Up/Load In: Contact: Sgt John Schramm Break Down/Load Out: Total Event Hours, inc. Load in/Out: 2 hours Organization: Ft. Pierce Police Dept. Address: Office Phone: 772-467-6947 Fax: Cell: E-mail Address: jschramm@fppd.org *********************************************************************************************** Facility Use Fee Rate Fee Multipurpose Room 6 $75 per hour X 2 hours $150.00 Sub -total $150.00 Deduct 25% Gov't Discount $37.50 Revised Sub -total $112.50 Sales Tax 6.5% T/E FACILITY USE FEE TOTAL $112.50 FEE TO BE WAIVED $112.50 Equipment Use Fees Table and Chairs N/C $0.00 Sound $75 for MP Room $75.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $75.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) $25 per hour X 2 hours $50.00 STAFF FEES TOTAL $50.00 Other Fees Catering Fee - Event Insurance Premium (if applicable; by separate check) OTHER FEES TOTAL Security Deposit SECURITY DEPOSIT TOTAL Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES W/ WAIVERI $125.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by: Matt Morse FORM APPROVED MAY 2012 Packet Pg. 227 8.J.4.b RESOLUTION 14-053 A RESOLUTION AMENDING RESOLUTION NO. 12-047 AND MADE APART I IEREQF AS ., ATTACI IMENTA" AND REPEALING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On October 25, 2009, the County entered into an Interlocal Agreement for operation of Lawnwood Stadium and South County Regional Stadium as amended on July 20, 2010, with the St. Lucie County School Board; and 3. On January 191h, 2010, the County entered into an amended and restated Recreation Facilities Mutual Use Agreement , hereinafter "Mutual Use", with the St. Lucie County School Board; and 4. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 5. On April 4, 2012, the Board of County Commissioners approved Resolution 12-047 amending the St. Lucie County Facility Use Policy; and 6. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and 7. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and 8. The Mutual Use Agreements between the St. Lucie County School Board and the County set forth the parameters for the County and the School to use each others facilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 228 8.J.4.b 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, 96-236, 12-047 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 15 day of April, 2014. BOARD OF COUNTY COMMISSIO ATTEST: ,a ST. LUC CO Y, FLORI Deputy Clerk Chair APPROVEDA TOFOI BY: /C -, / 61� County Attor, as a� 0 Ca as a� a� U W 0 a. a LL m M N ESS: Packet Pg. 229 8.J.4.b Exhibit A — Resolution 14-053 St. Lucie County Amended Facility Use Policy A. FACILITY USE REQUIREMENTS 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. Packet Pg. 230 8.J.4.b a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 8. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility fortheimproper orillegal serving ofalcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES 1. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar Packet Pg. 231 8.J.4.b facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should be judicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: Active nonprofit organizations which have received tax exemption under Section 501(c)(3) or othersection of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations (except St. Lucie County School Board, which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010.) 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: Packet Pg. 232 8.J.4.b Active status as anon profit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. 7. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. 8. Facility use fees may be waived by the Board of County Commissioners for: Packet Pg. 233 8.J.4.b a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency (except St. Lucie County School Board which shall follow the previously adopted Mutual Use Agreement dated January 19, 2010) which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. 9. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. 10. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. 11. To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. Packet Pg. 234 8.J.4.b S:\ATY\RESOLUTIONS\2014\Amending 12-047.wpd 3.1 r- N OD N M LO O r L) O IL m N r u R U- r_ O 3 O N d 7 a0 C N E t u R r r Q Packet Pg. 235 8.K.1 ITEM NO. (ID # 2902) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Leslie Olson, Planning Manager Planning Division DATE 06/16/2015 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Permission to Advertise - Amending the Code of Ordinances Pertaining to the Economic Development Impact Fee Mitigation Program In 2008 the Board adopted Ordinance No. 08-007, which created the Economic Development Impact Fee Mitigation Program in the St. Lucie County Code of Ordinances and Compiled Laws. This ordinance established an economic development impact fee mitigation program for qualified targeted industry businesses so as to encourage economic development and to create permanent employment expansion opportunities for the citizens of the county. The attached draft ordinance amends the Economic Development Impact Fee Mitigation Program language by: 1) defining a "locally owned and operated small business" as one that is continually operated in St. Lucie County for at least three years and owned and operated by a St. Lucie, Martin, Indian River or Okeechobee County homesteaded resident, with 50 or fewer employees; and 2) adding the eligibility requirement of creating a minimum of ten new jobs with an average private sector wage (excluding benefits) of 100% of the county's average private sector wage along with a benefit package that includes health insurance while remaining in the county for a minimum of ten years. A list of targeted industries can be found online at stlucieco.gov/ed/target_industry.htm PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise for upcoming public hearings. Packet Pg. 236 8.K.1 COMMISSION ACTION: Coordination/Signatures 4anjieYs.orney6/3/2015 Updated: 5/29/2015 8:48 AM by Britton Wilson Page 2 Packet Pg. 237 8.K.1.a ORDINANCE NO. 15-OXX File No. Ord-520154871 AN ORDINANCE AMENDING CHAPTER 24 (IMPACT FEES), ARTICLE I (IN GENERAL), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 24-1 (ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM) TO PROVIDE FOR LOCALLY OWNED AND OPERATED SMALL BUSINESSES TO BE ELIGIBLE FOR ECONOMIC DEVELOPMENT IMPACT FEE MITGATION; PROVIDING 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 January 15. 2008, the Board adopted Ordinance No. 08-007 which created Section 1-7.5-1 (Economic Development Impact Fee Mitigation Program) of the St. Lucie County Code of Ordinances and Compiled Laws, to establish an economic development impact fee mitigation program for Qualified Target Industry Businesses to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the citizens of the county. 2. 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 1-7.5 as Chapter 24 and Section 1-7.5-1 to Section 24-1. 3. On June 18, 2015, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval to the Board of County Commissioners. 4. On July 21, 2015, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearings, of which due notice was placed in the St. Lucie News Tribune and authorization; and 5. On August 4, 2015, the Board of County Commissioners of St. Lucie County, Florida held the second of two public hearings, of which due notice was placed in the St. Lucie News Tribune and unanimously deemed it to be in the best interest of the health, safety and welfare of the county's residents to amend Section 24-1 to provide for long term locally owned and operated businesses seeking to expand their facilities and workforce to participate in the Economic Impact Fee Mitigation Program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1 Underlined passages are added. S*r--- ''-*"r^-passages are deleted. Packet Pg. 238 8.K.1.a PART A. Section 24-1 (Economic Development Impact Fee Mitigation) of Article I (In General) of Chapter 24 (Impact Fees) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 24-1. - Economic development impact fee mitigation program. (a) For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses. (b) For the purposes of this section, the term "locally owned and operated small business" shall mean a target industry continually operated in St. Lucie County for at least three (3) years which is owned and operated by a St. Lucie, Martin, Indian River or Okeechobee County resident whose homestead is located in St. Lucie, Martin, Indian River, Okeechobee County, and which employs fifty (50) or fewer employees. (bc) Because the imposition of the impact fees herein may place the county in a non-competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees. (sd) This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to qualified target industry businesses. (4e) To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements: (1) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; or (2) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten years; aPA or (3) Qualify as a locally owned and operated small business and create a minimum of ten new iobs with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; and, (34) Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations to/within the county for a period of at least ten years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. 2 Underlined passages are added. S*'--- rc'- * h r e - ^" passages are deleted. Packet Pg. 239 8.K.1.a (ef) Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain: (1) A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located; (2) The name and address of the owner of the property upon which the qualified target industry business is proposed to be located; (3) Proof that the capital facilities impact construction will be a qualified target industry business; (4) A notarized affidavit and all necessary supporting evidence affirming that the applicable requirements of subsection (d)(1) or (d)(2) (e) of this section will be met within one year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and (5) Other necessary information as determined by the county administrator. (#g) Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner. (gh) If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for the following: (1) If the applicant qualifies under subsection (de)(1) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Percent of Average Waiver Amount Created Private Sector Wage Minimum of 10 107% plus benefits $3,500.00 per job created FMinimum of 10 150% plus benefits $5,000.00 per job created F— Minimum of 10 200% plus benefits $7,500.00 per job created (2) If the applicant qualifies under subsection (de)(2) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts in the event the applicant exceeds these requirements: Number of Jobs Created rMinimum of 10 7-Minimum of 10 F— Minimum of 10 Total Capital Investment $10,000,000.00 to $14,999,999.99.00 �$15,000,000.00 to $19,999,999.99 $20,000,000 or more 3 Waiver Amount 40% of total county impact fees 50% of total county impact fees 60% of total county impact fees Underlined passages are added. S*r--- r'- * h r e - ^" passages are deleted. Packet Pg. 240 8.K.1.a (3) If the applicant qualifies under subsection (e)(3) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Created Minimum of 10 -F Minimum of 10 T Minimum of 10 7 Percent of Average Private Sector Wage 100% plus benefits 140% plus benefits 185% plus benefits Waiver Amount $3,500.00 per mob created $5,000.00 per mob created $7,500.00 per mob created (4) Each applicant shall only be eligible for mitigation under either subsection (de)(1), (de)(2) or(e)(3), but not both in combination. (k►i) If the county administrator finds that the applicant meets the requirements provided herein for mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause. (+)i Any incentive approved pursuant to the economic development impact fee mitigation program shall be paid from other legally available funds (other than impact fees). (j) Any request for economic development impact fee mitigation must be submitted to the county by the applicant prior to the applicant deciding whether or not they will expand or locate in the county. 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 retroactively on May 1, 2015. PART N. ADOPTION. After motion and second, the vote on this ordinance was as follows: 4 Underlined passages are added. s*'--- rc'- * h r e ^" passages are deleted. Packet Pg. 241 8.K.1.a 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. PASSED AND DULY ADOPTED this ATTEST: BY: Deputy Clerk BY: 5 Underlined passages are added. day of , 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S*r--- r'- * h r e - ^" passages are deleted. Packet Pg. 242 8.K.1.b MANUFACTURING FACILITIES Chemical Manufacturing Pharmaceutical Manufacturing Computer & Electronic Product Mfg. Computer & Electronic Component Mfg Electromedicai Apparatus Mfg. Laser Manufacturing Software Reproducing Transportation Equipment Manufacturing Aviation & Aerospace Manufacturing Machinery Manufacturing Instruments for Measuring & Testing Elec. Lens Manufacturing Power Distribution, Generation & Technology Electrical Equipment Manufacturing Appliance Component Manufacturing Fiber Optic Cable Manufacturing Surgical & Medical Instrument Mfg. Food & Beverage Products Manufacturing Wood & Paper Product Manufacturing Printing & Related Support Activities Aquaculture Boat and Allied Products Mfg FINANCE & INSURANCE SERVICES Funds, Trust & Other Financial Vehicles INFORMATION INDUSTRIES Film, Video/Electronic Media Production Information Services & Data Processing Data Processing Services Software Publishing Music Publishing Telecommunications Satellite Communications CLEAN ENERGY Solar Energy Biomass Energy and Biofuels Fuel Cell and Hydrogen ,Technologies Ocean Energy Other Renewables PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES Professional, Scientific & Technical Computer Programming/Software Computer System Design Management, Scientific & Tech Services Research & Development Scientific & Technical Consulting Svc Simulation Training Testing Laboratories Bio-Medical & Bio-Science Nano Technology MANAGEMENT & DISTRIBUTION Management Services National, International & Regional Headqtrs Distribution Centers ADMINISTRATIVE & SUPPORT SERVICES Technical Support Other industries may be considered by the Board of County Commissioners if the company can improve the qualify of life within the community by creating new jobs and/or high wage jobs. Updated on 3/10/09 Packet Pg. 243 8.K.2 ITEM NO. RES-2015-101 AGENDA REQUEST TO: Board of County Commissioners DATE: 06/16/2015 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES PRESENTED BY: John Wiatrak, Airport Manager SUBMITTED BY: St. Lucie County International Airport Division SUBJECT: Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Update Master Plan and ALP at St. Lucie County International Airport Project BACKGROUND: This project consists of updating the Airport Master Plan and Airport Layout Plan. It is an FAA requirement for airports to update master plan at five year intervals. The last master plan update for St. Lucie County was in 2010. As this project is an FAA requirement, it will be FAA funded at 90%. This master plan update will incorporate the findings and recommendations from the recent Airport Business and Marketing Plan, and have an emphasis and creating revenue at the Airport. As with other Airport Master Plans, the process will include extensive community outreach and involvement. This Agenda request is to accept the attached Joint Participation Agreement and Resolution for this project. This JPA is for an FDOT (5%) contribution of $20,000 and a local match contribution (5%) of $20,000. The FAA projected contribution (90%) will be $360,000 for a total project cost of $400,000. Per the JPA, this project is to be completed by 07/31/2017. Due to the FDOT's fiscal year beginning in July, the FDOT is requesting acceptance of this JPA before the start of the County's 2016 fiscal year. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient Local Match Funding ($20,000) is part of the FY2016 Airport Budget Requests. RECOMMENDATION: Staff recommends Board approval of Resolution accepting the attached FDOT JPA for the UPDATE MASTER PLAN AND ALP AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 244 Coordination/Signatures L e on, Plan ing Manager 6/4/2015 1)jdlivp anie 5. McIntyre, C my ttorney 6/5/2015 Updated: 6/5/2015 10:46 AM by Patty Marston-Duva A Page 2 Packet Pg. 245 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT PUBLIC T 8.K.27a OGC - 12114 Pape 1 of 14 Financial Project No.: 429716-1-94-01 (item-seg ment-phase-seq uence) Contract No.: CFDA Number: Fund: DPTO Function: 637 Federal No.: DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010429 Vendor No.: VF596000835010 CSFA Number: 55.004 CFDA Title: CSFA Title: Aviation Grant Program THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 7/31/2017 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, R and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including V) w the implementation of an integrated and balanced transportation system and is authorized under Ili 332.006(6) Florida Statutes, to enter into this Agreement. o 0 NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree N V) as follows: � 1.00 Purpose of Agreement: The purpose of this Agreement is d Update Master Plan and ALP at St Lucie County International Airport and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Pg. 246 PUBLIC 8•K.2.a OGC - 12114 Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 400,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 20,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: LO 0 N (a) Legislative approval of the Department's appropriation request in the work program year that the project is y scheduled to be committed; W (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. Packet Pg. 247 PUBLIC OGC - 12114 Pape 3 of 14 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of W the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have 0 been resolved. 0 6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the N project. Costs in excess of the latest approved budget or attributable to actions which have not received the required W approval of the Department shall not be considered eligible costs. W 6.30 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Packet Pg. 248 PUBLIC 8•K.2.a OGC - 12114 Pape 4 of 14 Part I Federally Funded: 1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold `° established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by a 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, N the Agency must have a Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit to this Agreement provides the required a Federal award identification information needed by the Agency to further comply with the requirements of R OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR W Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal c awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended c should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning N before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal W years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in W accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, a and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or Q after December 26, 2014, will meet the requirements of this part. � b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). Packet Pg. 249 PUBLIC 8•K.2.a OGC - 12114 Pape 5 of 14 d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. g. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us Part II State Funded: 1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. 2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 0 0 N N LIJ `A Packet Pg. 250 PUBLIC 8•K.2.a OGC - 12114 Pape 6 of 14 b. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 W Madison Street, Room 401 Tallahassee, FL 32399-1450 c e. Any copies of financial reporting packages, reports or other information required to be submitted to the c Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters N 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor N u.l General, as applicable. W f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Packet Pg. 251 PUBLIC 8•K.2.a OGC - 12114 Pape 7 of 14 The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the R Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. c 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and N shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the y maximum provided in Chapter 112.061, F.S. LLJ W 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; Packet Pg. 252 PUBLIC 8•K.2.a OGC - 12114 Pape 8 of 14 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 0 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other N reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, N infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its UJ obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. a 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. Packet Pg. 253 PUBLIC 8•K.2.a OGC - 12114 Pape 9 of 14 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, 0 purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services c contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, N and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the W Department as provided in Section 7.23. W 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. Packet Pg. 254 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: PUBLIC 8•K.2.a OGC - 12114 Paqe 10 of 14 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or c any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's c spouse or child, or any combination of them, has a material interest. N Ch LLJ "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any W business entity. ft- The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: Packet Pg. 255 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by tNLICT 8•K.2.a Agency that the project will be carried out in conformance with all applicable environmental regulations including the OGC- 12114 securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance Page 11 of 14 with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 0 0 N U) LLJ .. Packet Pg. 256 8•K.2.a 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or theUBLICT OGC- 12114 constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Paqe 12 of 14 Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual M documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: r_ 0 a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an f6 annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period a of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, R during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves w the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any W contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the N services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated v) verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for W a period of more than 1 year." d J 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before Q 7/31/2017 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the f° c Director of Transportation Development . Expiration of this Agreement will be considered termination M of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. a L d 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days r.+ M after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. a) 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All r a words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and D include all genders. Q d 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall cNi constitute one in the same instrument. Y 19.00 Restrictions on Lobbying: Packet Pg. 257 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behaifa+vT OGC -1214 OGC 114 the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Paqe 13 of 14 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, Fa loan or cooperative agreement. o If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services o at 1-877-693-5236. N w 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not a J submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not Q submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, c subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in M excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date M of being placed on the convicted vendor list. a 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 258 PUBLIC 8•K.2.a OGC - 12114 Paqe 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE N W ZA Packet Pg. 259 RESOLUTION A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418172-1-94-01) FOR THE CONSTRUCT CUSTOMS PROJECT AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the CONSTRUCT CUSTOMS PROJECT (Fin. Proj. No. 418172-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418172-1-94-01) to provide funding for the CONSTRUCT CUSTOMS PROJECT. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 260 After motion and second, the vote on the resolution was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: Packet Pg. 261 ITEM NO. RES-2015-102 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE: 06/16/2015 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Acceptance of Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) for the Construct Customs Project This Supplemental JPA is to add funding for the Construct Customs project. The low bid for this project came in $198,253 higher than had been budgeted. The FDOT has agreed to fund 80% ($158,603) of this shortfall with the County funding the remaining 20% ($39,651) as part of FY16. The Construct Customs project was approved by the Board under the FY2012 Capital Improvements Plan. This Agenda request is to accept the attached Supplemental Joint Participation Agreement and Resolution for this project. This JPA is for an FDOT (80%) contribution of $198,253 and a local match contribution (20%) of $39,651. Per the JPA, this project is to be completed by 02/29/2016. PREVIOUS ACTION: April 4, 2015 - BOCC approved award of invitation to bid M. 15-007 - Customs Building Renovation and Budget Amendment No. BA15-009 to cover the total project shortfall of $198,254, with FDOT's 80% share ($158,603) and the County's 20% share ($39,651). FINANCIAL IMPACT: Local Match Funding ($39,651) has already been transfered into account string #140375-4220-563005- 114601 - Infrstructure - Consulting Engineer RECOMMENDATION: Staff recommends Board approval of Resolution accepting the attached FDOT SJPA for the Construct Customs Project, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 262 Coordination/Signatures I e Aon, Plan 11 ng Manager 6/4/2015 Danie 5. McIntyre, Cgifnty ttorney 6/5/2015 updated: 6/5/2015 10:51 AM by Patty Marston-Duva A Page 2 Packet Pg. 263 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT PUBLIC 8•K.3.a 6111 Paqe 1 of 3 Number 1 Financial Project No.: Fund: DPTO FLAIR Approp.: 088719 418172-1-94-01 Function: 637 FLAIR Obj.: 750004 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: AQF09 DUNS No.: 80-939-7102 Vendor No.: VF596000835010 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 7 th day of September , 2011 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 1,678,603.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Construct Customs Facility Packet Pg. 264 PUBLIC 8•K.3.a 6111 Paqe 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 198,253.00 bringing the revised total cost of the project to $ 2,098,253.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 158,603.00 bringing the Department's revised total cost of the project to $ 1,678,603.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement 2/29/2016 . 5.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 265 PUBLIC 8•K.3.a 6111 Paqe 3 of 3 Financial Project No. 418172-1-94-01 Contract No. AQF09 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 9/7/2011 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Pg. 266 RESOLUTION A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418172-1-94-01) FOR THE CONSTRUCT CUSTOMS PROJECT AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECT AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the CONSTRUCT CUSTOMS PROJECT (Fin. Proj. No. 418172-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418172-1-94-01) to provide funding for the CONSTRUCT CUSTOMS PROJECT. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 267 After motion and second, the vote on the resolution was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: Packet Pg. 268 8.M.1 ITEM NO. (ID # 2789) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE 06/16/2015 *CONSENT AGENDA\PUBLIC WORKS Award Bid No. 15-040 - Lennard Road Connection to Bromeliad Circle Lennard Road has long been planned as a north -south arterial roadway situated on the east side of US-1. The County completed a Project Development and Environmental (PD&E) study in 2003, fully compliant with the National Environmental Policy Act (NEPA), that secures our eligibility for federal funds. However, in 2011 the Board agreed to hold the formal construction of these improvements in abeyance for ten years. Ahead of the construction in 2021, it is desirable to open up a second means of ingress/egress, at least for emergency service providers. The Savanna Club Home Owners Association is in support of connecting an extension of Bromeliad Circle to the Lennard Road right-of-way, as well as an extension of Lennard Road from the existing cul-de-sac by Port St. Lucie High School to the Bromeliad Circle Extension. On March 11, 2015 six bids were received for Bid 15-024 Lennard Road Connection to Bromeliad Circle. The lowest responsive, responsible bidder was Blue Goose Construction in the amount of $668,368.21. This value is significantly higher than our budget for this project of $508,050.50. We modified our plans as necessary and rebid the project notifying as many contractors as possible. On May 26, 2015 seven bids were received for Bid 15-040 Lennard Road Connection to Bromeliad Circle. Pav-Co Contracting Inc. is the lowest responsive, responsible bidder in the amount of $505,098.73. This project was bid in accordance with the Local Preference Ordinance No. 09-005. The construction budget will be established as follows: Construction $459,180.66 10% Contingency $ 45,918.07 Total Construction Budget $505,098.73 Please note that the lowest bid still exhausted all of the available funding. We were not able to award any of the landscaping alternatives. Packet Pg. 269 8.M.1 PREVIOUS ACTION: March 19, 2013 - Board approved Work Authorization No. 1 to the Roadway and Intersection Design continuing contract (C12-05-508) with Kimley-Horn and Associates, Inc. in the amount of $96,825 for the Lennard Road Connection to Bromeliad Circle Design. FINANCIAL IMPACT: Funds are available in County Capital Transportation Bond (318-4115-563000-114603). RECOMMENDATION: Staff recommends Board authorization to award bid to Pav-Co Contracting Inc. in the amount of $505,098.73 for the Lennard Road Connection to Bromeliad Circle. Authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures --N V - [ on We t, Public Works Directo o /2015 T anie 5. McIntyre, c my ttorney 6/3/2015 Updated: 6/1/2015 1:36 PM by Linda Buchanan Page 2 Packet Pg. 270 8.M.1.a St Lucie County BOCC - Engineering Division Project: LENNARD ROAD CONNECTION TO BROMELIAD CIRCLE PROJECT Project No.: 13-05 Bid No.: 15-040 Subject: CONSTRUCTION COST ITEM NO. D E S C R I P T 10 N UNIT QTY Pav-Co Contracting Inc UNIT COST TOTAL COST BASE BID ROADWAY 101-1A MOBILIZATION/DEMOBILIZATION LS 1 $47,000.00 $47,000.00 102-1A MAINTENANCE OF TRAFFIC LS 1 $7,500.00 $7,500.00 104-2A PREVENTION, CONTROL & ABATEMENT OF EROSION & WATER POLLUTION LS 1 $9,000.00 $9,000.00 108-1A CONSTRUCTION LAYOUT & RECORD DRAWINGS LS 1 $15,750.00 $15,750.00 110-1-1A STANDARD CLEARING & GRUBBING LS 1 $16,500.00 $16,500.00 120-1 REGULAR EXCAVATION LS 1 $26,327.00 $26,327.00 120-4 SUBSOIL EXCAVATION LS 1 $8,088.00 $8,088.00 120-6 EMBANKMENT CY 5,186 $4.20 $21,781.20 160-4 TYPE "B" STABILIZATION (12" THICK) SY 5,841 $4.00 $23,364.00 160-7A NON -STABILIZED COMPACTED SHOULDER 12" THICK SY 2,258 $1.00 $2,258.00 285-704 CEMENTED COQUINA (LBR 100) (6"') SY 4,032 1 $10.00 $40,320.00 285-706 CEMENTED COQUINA (LBR 100 8"' SY 985 $12.00 $11,820.00 334-1-13A SUPERPAVE ASPHALTIC CONCRETE (TYPE SP-9.5) (TRAFFIC C) (1") SY 952 $7.50 $7,140.00 334-1-13B SUPERPAVE ASPHALTIC CONCRETE TYPE SP-9.5 TRAFFIC C 1.5" SY 3,881 $9.50 $36,869.50 334-1-13C SUPERPAVE ASPHALTIC CONCRETE (TYPE SP-12.5) (TRAFFIC C) (1.5") SY 952 $9.50 $9,044.00 400-90A DEWATERING FOR CONSTRUCTION OPERATIONS LS 1 $6,050.00 $6,050.00 425-1-521 INLETS (DT BOT) (TYPE C) (<10') EA 1 $3,077.80 $3,077.80 425-1-541 INLETS (DT BOT) (TYPE D) (<10') EA 2 $4,756.40 $9,512.80 425-1-550A INLETS (DT BOT) (TYPE D) (<10') (CONTROL STRUCTURE) EA 1 $7,637.30 $7,637.30 425-2-41 MANHOLES, (P-7) (<10') EA 1 $3,235.10 $3,235.10 425- 6 VALVE BOX (ADJUST) EA 6 $192.50 $1,155.00 430-94-1 DESILTING PIPE (0-24") LF 448 $9.00 $4,032.00 430-175-115 CONC. PIPE CULVERT (15" SS) LF 84 $69.30 $5,821.20 430-175-115B PVC PIPE CULVERT (15" SS) WITH CONC. COLLAR LF 95 $60.50 $5,747.50 430-175-118 CONC. PIPE CULVERT (18" SS) LF 68 $74.80 $5,086.40 430-175-224 CONC. PIPE CULVERT (19"X30" ELIP. SS) LF 187 $90.20 $16,867.40 430-982-123 MITERED END SECTION (15" SS) (MULT. PIPE) (4:1) EA 2 $467.50 $935.00 430-984-129 IMITERED END SECTION (19"X30" SS) (4:1) EA 1 $753.50 $753.50 520-2-4 TYPE'D' CURB LF 191 $12.00 $2,292.00 522-1A SUBSURACE CONCRETE SLAB 3" THICK CLASS I NS' CY 2 $350.00 $700.00 550-10-222 FENCE, TYPE B, 6' VINYL COATING BLACK LF 1,114 $15.25 $16,988.50 550-60-212 FENCE GATE, TYPE B, SINGLE SWING, 14' OPENING, VINYL COATING BLACK EA 2 $2,283.00 $4,566.00 550-60-225 FENCE GATE, TYPE B, DOUBLE SWING, 24' OPENING, VINYL COATING BLACK EA 1 $3,872.00 $3,872.00 570-1-2A PERFORMANCE TURF (SOD) (BAHIA) LS 1 $22,331.38 $22,331.38 570-1-213 PERFORMANCE TURF (SOD) (ST. AUGUSTINE) LS 1 $4,222.95 $4,222.95 635-2-11 IPULL & SPLICE BOX (F&I) (13"X24") EA 4 $1,350.00 $5,400.00 999--01A JUTILITY COORDINATION LS 1 $825.00 $825.00 1050-11-212 4" PVC PIPE, CONDUIT LF 104 $54.96 $5,715.84 SIGNING & MARKING 700-1-11 SINGLE POST SIGN (F&I) (<12 SF) AS 22 $275.00 $6,050.00 700-1-50 SINGLE POST SIGN RELOCATE (<12 SF) AS 2 $55.00 $110.00 706-3 RETRO REFLECTIVE PAVEMENT MARKERS EA 140 $4.40 $616.00 711-11-111 THERMOPLASTIC PAVEMENT MARKINGS (6" WHITE) (SOLID) LF 1,938 $1.15 $2,228.70 711-11-125 THERMOPLASTIC PAVEMENT MARKINGS (24" WHITE) (SOLID) LF 66 $7.15 $471.90 711-11-211 THERMOPLASTIC PAVEMENT MARKINGS (6" YELLOW) (SOLID) LF 3,170 $1.15 $3,645.50 711-11-224 ITHERMOPLASTIC PAVEMENT MARKINGS (18" YELLOW) (SOLID) I LF 1 238 $3.631 $863.94 UTILITIES 1050-11-224 10" PVC PIPE, WATER MAIN LF 70 $166.60 $11,662.00 1050-11-414 10" DUCTILE IRON 45" ELBOW EA 4 $1,053.30 $4,213.20 1050-11-454 10" DUCTILE IRON CAP EA 1 $652.25 $652.25 1080-11-405 UTILITY FIXTURE (2" BLOW -OFF VALVE) (F&I) EA 1 $2,780.80 $2,780.80 ESTIMATED BASE BID AMOUNT $452,880.66 CONSTRUCTION CONTIGENCY ALLOWANCE (10 % of BASE AMOUNT $45,288.07 TOTAL ESTIMATED BASE BID AMOUNT 1 $498,168.73 BID ALTERNATE D - GOPHER TORTOISE SURVEY & RELOCATION 101-113-D IGOPHER TORTOISE SURVEY LS 1 $1,500.00 $1,500.00 101-1C-D I GOPHER TORTOISE RELOCATION UP TO 10 BURROWS EA 2 $2,400.00 $4,800.00 ESTIMATED 'BID ALTERNATE D' AMOUNT 6,300.00 CONSTRUCTION CONTIGENCY ALLOWANCE (10% of'BID ALTERNATE D' AMOUNT $630.00 TOTAL ESTIMATED BID ALTERNATE D' AMOUNI $6,930.00 GRAND SUMMARY TOTAL ESTIMATED AMOUNT $459,180.66 TOTAL CONSTRUCTION CONTINGENCY ALLOWANCE (10 % OF TOTAL ESTIMATED AMOUNT $45,918.07 TOTAL CONSTRUCTION COST $505,098.73 0 O ti N Z O t� m a O O a C 0) E t t) m -w a T a+ a Packet Pg. 271 BOARD OF COUNTY COMMISSIONERS Attachment B COUNTY >F L a R 1 D A TABULATION SHEET BID No. 15-040 Lennard Road Connection to Bromeliad Circle PURCHASING DEPARTMENT BASE BID ALTERNATE ALTERNATE ALTERNATE ALTERNATE ALTERNATE ALTERNATE ALTERNATE A B1 B2 B3 B4 C D 8.M.1.b GRAND TOTAL Blue Goose Construction 9901 Okeechobee Rd., Ft. Pierce, FL. $ 490,985.28 $ 63,828.27 $ 59,508.90 $ 27,945.90 $ 26,405.28 $ 24,587.20 $ 76,391.70 $ 25,196.90 $ 794,849.43 Pav-Co. Contracting, Inc. 3290 SE Slater St., Stuart, FL $ 498,168.73 $ 42,743.67 $ 48,545.52 $ 26,192.31 $ 21,266.36 $ 23,058.28 $ 122,276.00 $ 6,930.00 $ 773,443.28 Kerns Construction 1217 Delaware Ave., Ft. Pierce, FL $ 543,451.26 $ 46,462.13 $ 46,357.52 $ 15,185.50 $ 13,821.83 $ 13,426.16 $ 80,560.70 $ 8,910.00 7 $ 68,175.10 Mancil's Tractor Services, Inc. 4551 SE Hampton Court, Stuart, FL $ 554,502.74 $ 62,445.40 $ 50,752.81 $ 27,382.41 $ 22,233.35 $ 24,106.15 $ 120,569.35 $ 35,709.52 $ 897,701.73 Dickerson Florida, Inc. 3122 N. 25th St., Ft. Pierce, FL $ 681,302.27 $ 53,372.83 $ 42,644.80 $ 17,457.00 $ 19,149.90 $ 17,521.50 $ 122,100.00 $ 10,120.00 $ 963,668.70 Sunshine Land Design, Inc. 3291 S E Lionel Terrace, Stuart, FL $ 716,654.50 $ 51,955.36 $ 51,979.33 $ 19,745.06 $ 23,161.28 $ 13,283.79 $ 101,607.86 $ 17,576.46 $ 995,963.64 OHL Community Asphalt Corp. 2975 Industrial Blvd., Vero Beach, FL $ 805,116.66 $ 49,951.71 $ 46,990.10 $ 25,353.43 $ 20,585.14 $ 22,320.10 $ 151,616.48 $ 9,370.26 $ 1,131,303.88 Number of companies notified*: 433 Number of bid documents distributed*: 41 Number of bids received: 7 *per demandstar.com U E 0 L Im 0 0 a� 0 c) 0 c c m J rn 00 ti Packet Pg. 272 ITEM NO. (ID # 2899) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 06/16/2015 *CONSENT AGENDA\PUBLIC WORKS Acceptance from the Board of County Commission for the Taylor Creek Restoration Dredging Phase 2 Project The Taylor Creek/C 25 Dredging Restoration Project involved the dredging of Taylor Creek from the C 25 spillway and Fort Pierce Farms canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project involved the removal of approximately 200,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40-50 years represented a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Key elements of the project included muck dredging and sediment removal, shoreline stabilization, spoil site construction, stormwater retrofitting and a beneficial use study for the muck sediments. The project scope consisted of 6 phases totaling $8 million over a 15 year period of time. The final phase was constructed by Dickerson Florida, Inc. In the amount of $1,310,703.11. As part of the Taylor Creek Project a permanent spoil site was constructed on the County Airport property. The spoil site is capable of handling about 200,000 cubic yards of dredge sediments in a single operation. The spoil site will be maintained by the County Public Works Department and it will be available for future Port dredging projects or for use by other Public entities. The Phase 2 Taylor Creek Dredging Project was completed by Dickerson Florida, Inc in December, 2014. The Project was completed on time and within budget. PREVIOUS ACTION: February 9, 2010 - Board approved Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) in the amount of $454,904 for Taylor Creek Dredging Phase 2. September 18, 2012 - Board approved Supplemental No. 1 to JPA with FDOT in the amount of $1,160,000 Taylor Creek Dredging Phase 2. May 21, 2013 - Board approved Budget Resolution establishing the additional funds from Supplemental 1 for JPA with FDOT in the amount of $1,160,000 for Taylor Creek Dredging Phase 2 project. Packet Pg. 273 June 3, 2014 - Board awarded Bid #14-032 to Dickerson Florida, Inc. In the amount of $1,539,010 for Taylor Creek Dredging Phase 2 construction. June 15, 2014 - Board approved WA #4 to Dredging and Marine Consultants for Taylor Creek Dredging Phase 2 Construction Management. FINANCIAL IMPACT: Funds available in account number 140370-0000-205100-4657 - Retainage -Taylor Creek Restoration Project Phase 2 RECOMMENDATION: Staff recommends acceptance from the Board of County Commission for the Taylor Creek Restoration Dredging Phase 2 Project, release of liens and final payment to Dickerson Florida, Inc. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, c my ttorney 6/3/2015 Updated: 6/10/2015 1:37 PM by Kelly Phelan Page 2 Packet Pg. 274 8.M.2.a Susan Bellamy From: Stephanie Bush Sent: Tuesday, May 26, 2015 10:07 AM To: Susan Bellamy Cc: Daniel McIntyre Subject: FW: Final Releases on Taylor Creek Attachments: D00001.PDF Importance: High Susan please verify u_ Y a� a� L From: Susan Durden V Sent: Tuesday, May 26, 2015 10:06 AM L o To: Daniel McIntyre Cc: Stephanie Bush Subject: FW: Final Releases on Taylor Creek Importance: High N Dan, would you please review the attached releases for the Taylor Creek project for final pay. Thank you. usun Durden Executive 5ecretccry St Lw.cie county Tublic Works Department 23oo )1rr-etni(4 -Avenue Fort Pzerce, TL.34982 (772) 462-2178 f772) 462-2268 E-.MaiC durd-ensCastracieco.org COrilv:.:.„E From: CHRISTINE ANTIEAU [mailto:CANTIEAU@DFiFL.com] Sent: Friday, May 22, 2015 10:29 AM To: Susan Durden Cc: LARRY DALE,- DALE McTAGGART Subject: Final Releases on Taylor Creek Importance: High Good Morning Ms. Durden C(, As requested in your email to Mr. Dale, attached you will find all final releases on our Job # 3972 Taylor Cre-.e�k, Thankyou We O��Q (--I—�x� - j�Vl � �h e- �-� i- to - cc� Py' C) S LF-) Packet Pg. 275 Christine Anfleau Dickerson Florida Inc PO Box 910 Ft Pierce, FL 34954-0910 Phone 772-429-4449 Fax 772-429-4445 TA, ' !':.' ! F . LL 11 F. 'i it- 1" .1 Ai 4"', ;I'D. IV I ' 1, .:r 1, rMat R II Oj ej:; F: N' f Z'-O; e 71; tV I T .1 1, f,�, '"J Ii%ro, -rlC, .��-!,.I[ wt if� �At.Iw ;51J C. t! JI., (D 1'10F1.ne Nott- Vlor:.Ja hi'm, very br'),-O poilur. rpoords 1,o-" T'iln-'iT "Fjjp=v lo or hom, Cuutty offiouls ie,'.'IaWmq i v -'Aablo 10 th9 P; -;)1,6 aril medlkl 0!X"I he 00k01 (;Ot'vify Thal )I; co- - 1!%, 1 F cjs $. I 711 rjc�, 'jpe I f("? sof;;: q T"'W-t310-0 iW'i 1,11 11!1-: j, 11!; nt to P! )h � i r, d; -, r�' ire k ri Mess Sri i I i r - ".;-,L A r; I �!- t t fo r. L [!� e rT v i: T I., C4 c. rzji��Ywg yo-IT i� inarl will sW" e00 nobly the so'?Icjff '.)y reply e-mail arld IeAe(.t i'l, rrlatui;lif". !1url, .'Fi 2 I Packet Pg. 276 1 8.M.2.a r rs�y FINAL LIEN M WAIVER RELEASE The undersigned lienor, in consideration of the sum of /a• 0 U hereby waives and releas s it5 lien and right to claim a lien for labor, services or materials to K-4--crz s0.0 F4Yx eW.4 ,� for the job to the following described property: I�YLu2 Grrek 2�Sipt/���v.�1 ST Dated one. Submitted: Powertrac Mac inery 7181 N.W. 7,'7` A.venue Miami, FL' 33166 J R — -- rinted Name: Robert Udelson State of Florida County of Dade �4 Notary Signature Title: Vice President rr EVAES: Oc1t K 1, M8 ere r� ria,ry puonc und.iwAl.n Notary Stamp/Commission Expiration Personally appeared before me 4 6-e-4-7- , this &IL-rc J' , 20 / r (date), who being duly sworn on oath, says that he is Vice President of PowerTrac Machinery. This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release that is different from the statutory form.) THE SOURCE FOR HEAVY CONSTRUCTION AND EARTHMOVING MACHINERY USA Toil Free: 1.800.UOELSON • Tel: 305.819.3700 Fax: 305.819.8555 7181 NW 77 Avenue • Miami, FL 33166 USA www.PowerTrac.com Packet Pg. 277 8.M.2.a January 26, 2013 m r- LL as a� L U Powertrac Machinery L �, Attn: Maria Lazo/ Rob Udelson H 7181 NW 77'h Avenue Miami, FL 33166 o� 00 N Dear Sir: Re: Notice to Owner - Dickerson Florida Inc. - Taylor Creek Restoration Dredging Phase II - Ref#: 730/01909 Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Dickerson Florida Inc. and the surety is Travelers Casualty and Surety Company of America. Sincerely, Daniel S. McIntyre County Attorney DSM/slh Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 278 8.M.2.a 141078 WAIVER AND FlINAL, REIF,ASE The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Dickerson Florida, Inc., to the following described property: TAYLOR CREEK DF'I 93972 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified or any Iate tickets that may be billed at a later date, Dated on: 5108/15 Lienor's Name Siboney_Contracting Company & Siboney Aggrepates, Inc. Address 1450 CENTREPARK BLVD.. SUITE 104 West Palm Beach. FL. 33401 B Y Printed Name G. Ortega — A/R-Coll. Personally appeared before me May 8, 2015, by G. Ortega of Siboney Contracting Company and who is personally known to me. Notary Signature _ v Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. M c ii a� U L M rn rn 00 N Packet Pg. 279 8.M.2.a M January 14, 2015 r- LL Y a) M L U L Siboney Contracting Co./Siboney Aggregates, Inc. >, 1450 Centrepark Blvd., Suite 100 H West Palm Beach, FL 33401 o� ao N Dear Sir: Re; Notice to Owner- Dickerson Florida Inc. - Taylor Creek Restoration Dredging Phase II - W/O# 700275 Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Dickerson Florida Inc. and the surety is Travelers Casualty and Surety Company of America. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 280 8.M.2.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $ 257.00 , hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) Dickerson Florida on the jots of( owner) 5t Lucie Counj 6OCC , to the following described property: Taylor Greek Dredging Job # 3972 Dated MaX11,2015 ,2015 Lienor's Name WBE Environmental ins Address PO Box 740215 Orange City, FL 32774 By x , Printed Name x Joelle R DeVane Title. Presideiit Personally appeared before me this 11th day of Ma __ , 2015 that he/she is JoHe R DeVane who, being duly sworn on oath, says that he/she is President of _ Wt3E Environmental Inc who is personally known to m� or who has produced as identification. .tary S i `nature C f JE3yNIFER AfJN Ml CKLEY &XPIRCS Plr�kinober i �747V .Y�il.�1 j3 f•WM1l]]i�i Gl3ryti..`ryILC.00111 Notary Stamp Note. This is a statutory form prescribed by Section 713.20, Florida Statutes (1990) EffKtive October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Packet Pg. 281 8.M.2.a M December 2, 2D14 r_ ILL Y a) M L U L O WBE Environmental Inc, dba Florida Sift Fencing A P.O. Box 740215 H Orange City, FL 32774-0215 t7� tb N Dear Sir: Re: Notice to Owner - Dickerson Florida Inc, -Taylor Creek Restoration Dredging Phase II Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Dickerson Florida Inc. and the surety is Travelers Casualty and Surety Company of America. sincerely, Daniel S. McIntyre County Aztnrney DSM/slb Eric. Copies to: County Adrninistrator Finance Director Public Works Packet Pg. 282 8.M.2.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $,)O?hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) Dickerson Florida on the job of (owner) 5t Lucie County BOCC _ _ to the following described property: Taylor Creek Dredging Job # 3972 Dated ,�� 201,C Lienor's Name Quality Turf of Okeechobee Address 8731 NE 48th St T� Okeechobee, FL 34972 By Printed Name x z "4. Title: Personally appeared before me this n day of mav, 2016 that he/she is KWTD-N who, being duly sworn on oath, says that he/she is + of _ Quali Turf of Okeechobee who is personally sown to me or who has produced as ident'fication. T. HERNANDEZ trll 6 / ;i° ,`�E Noiaq Public - State of Florida Notary Signature My Comm. Expires May 15, 2018 �� commission 0 FF 123732 ' fS &d TW,* tip oM notary Asap, NMI a p Note' This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Packet Pg. 283 8.M.2.a WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $ JJVr' .Thereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) Dickerson Florida on the job of( owner) St Lucie County BOCC to the following described property; ii a) ar L Taylor Creek Dredging Phase 11 U L Job # 3972 0 t— Dated qv 2014 tS 00 N Lienor's Name Baseline Land Surveyors, Inc Address 15351 Amberbeam Blvd Winter Gar en, FL 34787 -Ma L 0 By x 0 Printed Name x C Title} r�s rd eY� 0 L 1 7-c7 / 57 0) Personally app ared before me this r day of � ? he2014 0 that he/she,- Mhv�s L,.- 1>s � who, being duly sworn on oath, says that he/she is 1'e s id n. of _ Baseline Land Surveyors, Inc_ who is ersonally known to me or who has produced as identifica ion. Notary Signature .o.Y. Nathan S. flaShMft " P. c�+µ�55fOriiEEt52n6 OtoiftES' FEBLO112016 Nota S#am @FNi WWW.M1�+7�� ry 11 Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Packet Pg. 284 8.M.2.a 05/14/2015 10:40AN FAX 8132003432 ? 0002/0002 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned flartor, in consideration of the final payment in the amount of $ 90490,, hereby waives and releases its lien and right to elairn a lien for labor, services or materials fumished to ( customer) Dickerson Florida on the job of ( owner) St Lucie Coun BOCC to the following described property. c U- a� a� L U To for Croak D red2ing Phase II 0 ,lob # 3972 rn Dated 20 00 Personally ap that hers that helshe [a who is pgM-V as ldentiflcatii before Note: This is a statutory farm Statutes (1996) Effective Oct Iienor to fumish a waiver or n the statutory form, Lienor's Name Florida Hydroseeding & Erosion Control Address PO Box 1611 Port Salerno, FL 34992 By Printed blame x C6- f2 671- Titie: this day of LY&14 , 2014r �S i— who, being duly sworn orfoath, says of _ Florida N droseedin & Erosion Control r-who has produced pH' r+owV Public State or Florida RCF11#920 �or E�pkesp511El201a :ribed by Section 713.20, Florida 1, 1996, a person may not require a of lien that [s different from Packet Pg. 285 8.M.3 ITEM NO. (ID # 2888) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 06/16/2015 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Improvements - Construction Design Assistance The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. The attached engineering proposal from Taylor Engineering and Work Authorization No. 6 provides the necessary work for limited construction coordination and design assistance during construction, and survey work to establish a baseline reference for construction. 111N[611117eT4I[Q0; February 20, 2013 - Work Authorization No.1 with Taylor Engineering for Utility Surveying Support Services for North 2nd Street in the amount of $20,306.38. April 30, 2013 - Work Authorization No. 2 with Taylor Engineering for Additional 10-foot right-of-way acquisition support services of North 2nd Street in the amount of $48,511.50. August 20, 2013 - Work Authorization No. 3 with Taylor Engineering for stormwater modification and future sidewalks for North 2nd Street in the amount of $95,663.68. FINANCIAL IMPACT: Packet Pg. 286 8.M.3 Sufficient funds are available in the Port Grant Fund (140376-4315-561000-46502) for limited construction administration and design assistance. RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 6 with Taylor Engineering, Inc. for limited construction administration and design assistance connected with 2nd St. Reconstruction Project in the amount of $149,740.00, and authorization for the Chair to execute the contract as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures --N Tl\a tAA [ on We , Public Works Directo 015 s ia)nWi,eYS. McIntyre, C my ttorney 6/4/2015 Updated: 5/29/2015 2:54 PM by Lori Rocky Page 2 Packet Pg. 287 8.M.3.a ATTACHMENT A Revised 5/13/2015 ST. LUCIE COUNTY FORT PIERCE NORTH 2nd STREET ROADWAY IMPROVEMENTS LIMITED CONSTRUCTION ADMINISTRATIONAND DESIGN ASSISTANCE DURING CONSTRUCTION SCOPE OF WORK INTRODUCTION Since 2004, Taylor Engineering has worked with St. Lucie County (County), in coordination with the City of Fort Pierce (City) and the Fort Pierce Utilities Authority (FPUA), to streamline vehicular and pedestrian access to one of Florida's deepwater ports through the Port of Fort Pierce Roadway Improvement Project. These roadway improvements will provide the Port of Fort Pierce with functional traffic flow, an important component of the County's Port of Fort Pierce Master Plan. Implementing these improvements will require, among other actions, extensive road and utility reconstruction and implementation of stormwater detention ponds. The following scope of work and cost proposal (Attachment B) describe the limited construction administration and design assistance effort necessary to provide continued coordination through the upcoming construction phase of the roadway improvement project. To complete the project, the contractor must perform the following project tasks: • Coordinate with local utilities to verify existing utility locations • Mobilize to the project site • Establish and maintain proper construction traffic zones and access to local businesses • Establish and maintain proper erosion and turbidity controls • Provide demolition services within project limits • Install underground water and sewer utilities and connections • Install stormwater infrastructure, including three detention ponds • Coordinate the simultaneous installation of gas utility lines by FPUA • Coordinate with FPUA to preserve the recently updated electric utility system • Reroute existing sewer utilities to the recently completed lift station within the project limits • Install irrigation utilities • Establish landscaping within project limits • Remove construction traffic zones • Remove temporary erosion and turbidity controls • Demobilize from the project site • Work within the limits of the inter -local agreement executed by the City, FPUA, and County ASSUMPTIONS Taylor Engineering relied on the key assumptions listed below to develop this scope of work. We reserve the right to modify our proposed fees for services if the actual work differs from the work stated or if any stated assumption proves incorrect. • The project construction phase will extend from March 27, 2015—July 25, 2016. • The total construction time (including mobilization/demobilization) will approach 490 calendar days. Page 1 of 3 Packet Pg. 288 8.M.3.a ATTACHMENT A Revised 5/13/2015 • Project construction will neither result in any substantial deviations from the project drawings and specifications nor violate permit conditions. • The contractor will prepare and provide as -built drawings of the final project. Culpepper and Terpening, acting as the City's on -site inspector, will sign, seal, and certify the as -built drawings. • Taylor Engineering will negotiate any time extensions or changes affecting this scope of work and its cost with the County before proceeding with any work. • Taylor Engineering will not direct the contractor's means, methods, and sequences. • Taylor Engineering is not responsible for jobsite safety. SUMMARY OF WORK Taylor Engineering has developed this scope of work to provide limited construction administration and design assistance during construction, based on a cost-plus basis to a maximum amount, on the tasks described below. Should the hours allotted to each task be exceeded, Taylor Engineering will provide a written request for additional hours, for approval by St. Lucie County prior to execution. TASK 1 PRECONSTRUCTION MEETING Taylor Engineering will attend and conduct a preconstruction meeting with the contractor, subcontractors, regulatory agencies, FPUA, City, and County. The preconstruction meeting will provide a venue to describe the project and answer contractor questions concerning any technical aspects of the work. In addition, Taylor Engineering will discuss other issues including lines of engineer and contractor communication, general and specific contract conditions, contract administration, site visits and progress meetings, progress payment, correspondence procedures, and project schedule. We will prepare minutes of the preconstruction meeting and distribute them to the attendees. We assume the preconstruction meeting will occur after the Notice to Award and before the Notice to Proceed at the County's office in Fort Pierce, Florida. Taylor Engineering will complete this work on a cost-plus basis to a maximum of $10,175.00. TASK 2 LIMITED DESIGN ASSISTANCE DURING CONSTRUCTION Due to the uncertain nature of the existing utilities and subsurface materials, Taylor Engineering's project engineers anticipate that there will be minor plan modifications needed throughout the construction phase. Through this task, we will communicate with the County, City, FPUA and Culpepper and Terpening (the City's on -site inspector) to review design options and provide limited design assistance for minor modifications during the construction phase. We anticipate an average of 4 hours per week for Taylor Engineering to provide review and insight on the past project decisions and how to proceed. This work will be completed with the assistance of our subconsultant, Morgan & Eklund, Inc. (surveying and right- of-way document development). Attachment B lists our subconsultant's fees as a direct reimbursement. We require that the contractor document all modifications and/or plan deviations via email or written project memorandum addressed to the engineer -of -record within two business days. Taylor Engineering will complete this work on a cost-plus basis to a maximum of $35,434.00. TASK 3 PROGRESS TELECONFERENCE MEETINGS Taylor Engineering will participate in up to 34 telephone conference meetings/calls to discuss project progress and address questions pertaining to engineering, design, permitting issues, proposed changes to the project design, and any conflicts. These teleconference meetings will be held every two weeks. We anticipate that these meetings will last about two hours each and will be conducted by Culpepper and Page 2 of 3 Packet Pg. 289 8.M.3.a ATTACHMENT A Revised 5/13/2015 Terpening, the City's on -site inspector. Each progress meeting should generally include review of minutes of previous meetings, progress since the previous meeting, current definable features of work, and other business, as appropriate. Taylor Engineering will review a meeting summary prepared by Culpepper and Terpening and provide comments, as needed. Taylor Engineering will complete this work on a cost-plus basis to a maximum of $28,440.00. TASK 4 CONTRACTOR DOCUMENT REVIEWS Taylor Engineering's project engineers anticipate document review cycles for 200 shop drawings and 100 requests for information (RFIs). We understand that all shop drawing and requests will be submitted in writing to Culpepper and Terpening, the City's on -site inspector. Culpepper and Terpening will forward submittals to Taylor Engineering for review. Taylor Engineering's review process will include an initial review for completeness, routing to appropriate parties for comment or approval, and a final evaluation. If, upon receipt, the document is incomplete or no longer applicable (for instance, it has been superseded by another submittal), Taylor Engineering will return the document with a comment and the review process will end. Providing the submittal is complete, Taylor Engineering will evaluate the document and solicit comments from the appropriate agency or interested party, if needed. Pending timely routing processes by the City's inspector and third -party reviewers, Taylor Engineering will provide a response to the contractor, through Culpepper and Terpening, within two weeks of initial receipt. We understand that Culpepper and Terpening will maintain a log of document submittals including the official receipt date, status, and determination. Culpepper and Terpening will provide a current copy of this record for review at each progress meeting. Taylor Engineering will complete this work on a cost-plus basis to a maximum of $42,775. TASK 5 Field Work Change Directives, Problem Resolutions, and other Documentation Due to the uncertain nature of the existing utilities and subsurface materials, Taylor Engineering's project engineers anticipate that there may be large plan modifications required throughout the construction phase. We will review and comment on minor field modifications, as discussed in previous Task 2- Limited Design Assistance during Construction. Up to five (5) major modifications throughout the construction phase may be addressed through this task. We anticipate that each major modification will require one on -site problem -solving meeting, and up to 24 person -hours of design and coordination efforts. Taylor Engineering will document major project modifications with a project memorandum and revised construction drawings, as needed. Should the effort required for any major modification exceed one on -site meeting and 24 person -hours of design and coordination effort, we will provide a written estimate for any additional design and/or construction observation services to the County. We require that the contractor document all modifications and/or plan deviations via email or written project memorandum addressed to the engineer -of -record within two business days. Taylor Engineering will complete this work on a cost-plus basis to a maximum of $32,916.00. END OF SCOPE Page 3 of 3 Packet Pg. 290 8.M.3.a TAYLORBVGINB3RING, INC Sr. WCIECOUNTY, FL CITY OF FT. PIERCE NORTH 2nd STRB=r ROADWAY I M PROVEM BUTS LIMIT® CONSTRUCTION OBSBRVATIONSi ADMINISTRATION, AND PROEC7CBZI1FlCA ON FEESUMMARY Attachment B 5/ 13/2015 Taylor Engineering will complete each task on a cost-plus basisfor a total fee not to exceed (NTE) $149,740.00 with fees per task as outlined below. The table below summarizes the engineering fees associated with each task and provides details for subconsultant fees. Should there be a need for additional services; Taylor will prepare an additional written scope of work for approval by the County. PC C h c YN. o x y W L U o� H a 0A y u L F F" 7 1.0 Preconstruction Meeting 70 $8,322.00 $1,853.00 $10,175.00 2.0 Limited Design Assistance During Construction 160 $19,174.00 $16,260.00 $35,434.00 3.0 Progress Teleconference Meetings 237 $28,440.00 $0.00 $28,440.00 4.0 Contractor Document Reviews 368 $42,775.00 $0.00 $42,775.00 Field Work Change Directives, Problem 5.0 Resolutions, and other Documentation 265 $30,601.00 $2,315.00 $32,916.00 TOTAL 1,100 $129,312.001 $20,428.00 $149,740.00 ODC For Task 2.0 Limited Design Assistance During Construction Morgan & Elkund, Inc. 1 $16,260.00 Total $16,260.00 Page 1 of 1 Packet Pg. 291 8.M.3.a ATTACHMENT C 5/11/2015 ST. LUCIE COUNTY FT. PIERCE NORTH 2nd STREET ROADWAY IMPROVEMENTS LIMITED CONSTRUCTION OBSERVATIONS, ADMINISTRATION, AND PROJECT CERTIFICATION Schedule The Taylor Engineering Team will attempt to complete this project according to the tentative schedule below. Duration (Work Start Finish Weeks) Task Description 1.0 Preconstruction Meeting 1 1/30/2015 1/30/2015 Notice to Proceed 0 3/27/2015 3/27/2015 2.0 Update Pollutant Corridor Study 70 3/27/2015 7/25/2016 3.0 Limited Design Assistance 70 3/27/2015 7/25/2016 4.0 Progress Teleconference Meetings 70 3/27/2015 7/25/2016 5.0 Contractor Document Reviews 70 3/27/2015 7/25/2016 Field Work Change Directives / Problem As 6.0 Resolutions and other Documentation Needed 3/27/2015 7/25/2016 Page 1 of 1 Packet Pg. 292 8.M.3.b COUNTY F L G R i D A WORK AUTHORIZATION NO. 06 CONTRACT C12-07-447 THIS WORK AUTHORIZATION is made as of the day of , 2015, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 17, 2012, the County entered into a Consulting Agreement (Contract No. C12- 07-447) hereinafter referred to as "Contract" with the Consultant to provide continuing professional port engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Fort Pierce North 2"d Street Roadway Improvements Limited Construction Administration and Design Assistance during Construction (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C12-07-447). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 Packet Pg. 293 8.M.3.b 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of $149,740.00 (one hundred forty-nine thousand seven hundred forty and 00/100 dollars), as further detailed in Exhibit "B". 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. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before July 31, 2016. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: PRINT NAME: Page 2 of 2 Packet Pg. 294 ITEM NO. (ID # 2897) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Project Manager MSBU Program Property Clean-up Special Assessment District DATE: 06/16/2015 *CONSENT AGENDA\PUBLIC WORKS Chapter 38, Article II of the County's Code of Ordinances addresses the nuisances that arise when property is allowed to deteriorate. Section 38-28 "Lot Cleanup" prohibits the accumulation of trash, junk, debris, living and nonliving plant material, and stagnant water; excessive growth of grass, weeds and brush; windows, skylights, and doors that are not water tight; and, the keeping of fill on property. If a property is found to be in violation of this Article and the owner fails to remedy or successfully appeal the violation as set forth in Section 38-28, the County may undertake such action as necessary or useful to remedy the violation. The cost incurred by the County to remedy the violation shall be assessed against the property. If the imposed assessment is not paid in full within twenty business days, the assessment is recorded as a lien and may be levied as a non -ad valorem special assessment on the annual property tax bill and collected pursuant to Section 197.36 of the Florida Statute. As required by Florida Statute 197.36, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. PREVIOUS ACTION: July 3, 2012 - Board adopted Ordinance No. 12-011, amending Article II "Abandoned Property, Garbage, Trash, Junk, and Debris" of Chapter 1-9 by creating Section 38-28 "Lot Cleanup". July 1, 2014 - Board adopted Resolution No. 14-095, establishing a budget for the Property Clean-up SAD. October 21, 2014 - Board adopted Resolution No. 14-183, expressing its intent to use the uniform method of collecting special assessments commencing in November, 2015. FINANCIAL IMPACT: Sufficient funding is available from the advertising account in Engineering - Public Works, MSBU Transportation Trust Interlocal Fund (101001-4115-549000-400). RECOMMENDATION: Staff recommends Board authorization to advertise a public hearing for the Property Clean-up Special Assessment District to be held on August 4, 2015 at 6:00 p.m. or as soon thereafter as may be heard. Packet Pg. 295 COMMISSION ACTION: Coordination/Signatures On West, Public Works Directo - /2015 ti A anie S .McIntyre, C my ttorney 5/28/2015 Updated: 5/27/2015 9:00 AM by Sophia Holt Page 2 Packet Pg. 296 ITEM NO. (ID # 2925) 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: 06/16/2015 *REGULAR AGENDA\COUNTY ATTORNEY Indian River Estates Stormwater Project - Status Update - Grant Extension Request At its June 2, 2015 regular meeting, the Board accepted staff recommendation to (1) award emergency bids to the low bidders and (2) direct County staff (and the County's lobbyists) to seek a fourth extension from FEMA (as a result of Fountain Engineering's failure to complete the project in a timely manner, the County requested and received three prior extensions. At the time of the third extension, State DEM officials indicated to the County that further extensions were unlikely). The Board also directed staff not to issue a Notice to Proceed on the Project until June 9 to allow the State Department of Emergency Management (DEM) and FEMA the opportunity to review the County's request. If the extension is granted, the County will be able to rebid the project and, hopefully, achieve substantial savings under the emergency bids. As directed by the Board, County Public Works staff and the County's in house lobbyist contacted DEM staff and requested an extension. Copies of two letters from the County's Public Works Director to DEM are attached. As a result of the efforts of the County in house lobbyist and Public Works staff it appears (as of June 9, 2015) that DEM may recommend that FEMA grant the County a fourth extension. Based on this possibility County staff determined not to issue Notices to Proceed before the June 16 Board meeting. This item is being agendaed as a status update because it is unknown at this time whether FEMA will grant the County's requested extension. Because of this uncertainty, staff will present recommendations in the alternative. A copy of a summary of the facts surrounding the grant extension is also attached. Please note the summary is a brief overview and is not intended as an exhaustive review of the facts surrounding the Project. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 297 N/A RECOMMENDATION: Staff recommends that the Board ratify staff's decision to delay issuing Notices to Proceed until the June 16 Board meeting. The requested extension by FEMA approval was finalized and received June 12, 2015. Staff recommends that the Board also rescind the award of the two bids; pay fair reasonable costs of mobilization of the two bidders as determined by the County Administrator; because the County competitively awarded the project to a private sector contractor and the contractor defaulted resulting in the County's termination of the contract, and because of the urgent grant deadline and potential loss of significant public funds and the funding source, direct staff to rebid the project using procedures under 255.20(1)(c), Florida Statutes with prequalified bidders and expediting the bid process (using written quotes). COMMISSION ACTION: Coordination/Signatures A Heather Young, Asst. County Attorney 6/15/2015 updated: 6/15/2015 11:46 AM by Kelly Phelan Page 2 Packet Pg. 298 10.A.a Grant: • The State of Florida, Division of Emergency Management provided a subgrant to St. Lucie County (the "County") under the Hazard Mitigation Grant program of $4,748516.00 in Federal Funds. The grant was for the construction of a stormwater conveyance system in Indian River Estates Subdivision. The agreement was modified to increase the Federal Funding by $771,710.00 to increase the maximum amount payable under the Agreement to $5,520,226.00. The County has received three (3) prior extensions from FEMA because Fountain Engineering, Inc. ("FEI") failed to complete the Project in a timely manner. The third extension extended the project completion date to July 31, 2015. FEMA normally only grants two (2) extensions. At the time the County received the third extension the State indicated that it was unlikely that the County would receive another extension. rnntrart- • On May 2, 2012, the County and FEI (the low bidder) signed a contract for Indian River Estates Stormwater Improvements — Phase II (the "Project") as further described in St. Lucie County Bid No. 12-016. The Project generally involved the construction of a stormwater conveyance system within the Indian River Estates Subdivision that will connect to the existing pump station. The work involved the installation of piping and catch basins, and swales. Public Construction Bond: • FEI provided security for this Agreement in the form of a Public Construction Bond with The Hanover Insurance Company ("Hanover"), in the amount of six million five hundred and fifty-two thousand five hundred and sixty-eight dollars and zero cents ($6,552,568.00). Subsequent Events: • On August 1, 2013, the County notified FEI and copied Hanover about concerns of FEI's ability to complete the Project on time. The County notified FEI and copied Hanover that grant funds were assisting paying for the Project and an extension was needed for completion of the Project. • On August 14, 2013, FEI responded to the County's letter of August 1, 2013, copying their surety, Hanover, requesting a meeting to address issues and acknowledging not meeting production levels for the first five (5) months of the contract. Packet Pg. 299 10.A.a • On July 29, 2014, the County's project manager notified FEI and copied Hanover of the expiration of the final completion date of July 25, 2014. The letter further reserved the right to "take charge of the Work and finish it and provide the labor materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his or its Surety to be held responsible therefore". FEI acknowledged that the project was not complete and requested more time to complete the Project. • On January 23, 2015 a Default and Termination Letter was sent to FEI and copied to counsel for Hanover, for failure to achieve substantial and final completion on the St. Lucie County Project and for failure to fulfill its contractual obligations in a timely manner and proper manner pursuant to the terms of the contract. It appears that FEI may no longer be in business. • On January 29, 2015, Hanover acknowledged the default and termination of FEI by the County. Hanover notified the County it was commencing a full and independent investigation into the County's allegations against FEI and had retained Jeffery S. Geller, Esq. Hanover stated it looked forward to working closely with the County in the performance of its investigation, thereby, allowing Hanover to evaluate and elect an appropriate option under the Bond. Furthermore, Hanover requested all documentation concerning the performance of the bonded contract. To date, Hanover has not agreed to assume responsibility for the project. • On March 3, 2015, the County contracted with a firm to provide as -built drawings of the project. • On May 4, 2015, the County received the as -built plans from the Project and provided the same to Hanover's counsel. • On May 8, 2015, Hanover advised it had a construction consultant, and requested authorization for the consultant to communicate directly with the County. The authorization was given and on May 21, 2015, the consultant and County staff walked the Project. • On May 18, 2015, the County declared an emergency and went out to bid for companies to complete the Project. • On May 27, 2015, the County received bids from two companies to complete the Project on an emergency basis and provided the same bids to Hanover the same day. • On June 2, 2015, the County and Hanover met to discuss the Project. Hanover Packet Pg. 300 10.A.a requested that the County request a fourth extension of the July 31, 2015 FEMA grant deadline. • At the June 2 Board meeting, the Board awarded the bid to the two low bidders but directed staff to request a fourth extension of the grant. The Board also directed staff not to issue a Notice to Proceed Packet Pg. 301 10.A. b Clog, b a COUNTY ' ! ' PuaLic WORKS COMMISSIONERS DEPARTMENT Patricia Murray June 3, 2015 HMGP Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 Dear Ms. Murray, As we shared with you in our letter dated January 8, 2015, the contractor for the ongoing drainage project failed to perform the requirements of the contract and was terminated from further performance. At that time, we shared with you that the pipe inspection had not been finished and the project was behind schedule. As a result, we requested, and FEMA granted, a further extension of time to complete the project through July 31, 2015. Since that time, the County sought and has just recently (May 2015) obtained a complete set of As -Built Drawings, which drawings were essential to understand what has been constructed, what has been constructed properly and what has not been constructed at all. Unfortunately, as a result of our review of the As -Built Drawings, the County now believes that there is a significant amount of improper work which must be corrected, including almost eight miles of swales to be re -graded to meet the design intent and provide the necessary storage volume. The identification of the defective work at this stage is obviously a significant change in conditions, which could not have been anticipated until the completion and review of the As -Built Drawings, This, of course, will result in the County potentially facing significantly increased costs of completion. We have obtained bids for this work using the County's emergency bidding procedures, in light of the impending July 31, 2015 FEMA deadline. Such bids contemplate a six-day/12-hour workday in order to attempt to meet this deadline, at a cost on the order of $1.85 million, As our initial engineering estimate provided for completion costs of $1 million, the bids include $850,000 in "premium" costs for expedited performance to meet the FEMA deadline. The County does not have the specific funding set aside to perform this completion work, and we will have to borrow from other County construction projects to finalize the project. We have filed a performance bond claim against the former Contractor's surety, who is actively investigating this matter under a reservation of rights; however, given the recent discovery of the As -Built conditions, the surety requires additional time to complete its investigation before rendering a final determination as to the County's claim. Given the lack of funding for the proposed corrective work, the County would like to work with the surety to determine if it will fund the corrective work. At this juncture, the surety has indicated, among other things, that the County compressed bid schedule (to meet the July 31, 2015 deadline), along with its relet bid package, Constitute "economic waste" and a failure to mitigate damages. CHRIS D%ADOVSKY, District No. 1 • TOD MOWERY, Distrl[r No. 2 • PAULA A. LEWIS, Districr No. a • FRANNIE HUTCHIN50N, Dlsrha No. 4 • KIM JOHN50N. 0isrrict No.: L County Administrator - Howard N, Tipton v cC 2300 Virginio Avenue ■ Ft. Pierce, FL 34982 Q Public Works: (772) 462-1485 • FAX (772) 462-2362 Engineering Division: (772) 462.1707 • Road G Bridge Division: (772) 462-2511 ■ Water Quality Division, (772) 462-251 1 www.srlucieco.org Packet Pg. 302 10.A. b Based upon the foregoing, the County believes that an additional six-month extension, through December 31, 2015, is reasonably necessary to address the significant changed conditions on the project. Such extension would allow the surety to complete its investigation, and thereafter allow the County to obtain bids for performance of the work on a normal (five-day/nine-hour) schedule at a $850,000 savings by the County. More importantly, this extension will allow the project to be constructed properly, giving the tax payers and FEMA what they bargained for, without unnecessarily burdening the tax payer with an $1.85 million additional cost, which can be substantially reduced if the completion work is properly identified and performed under a reasonable completion schedule. Given FEMA's pending deadline, we would appreciate FEMA's expedited consideration in this regard, and request a written response to the proposed extension of time by June 9, 2015. We would look forward to hearing from you. Thank you. Donald B. West, P.E. Public Works Director Packet Pg. 303 10.A.c BOARD OF COMMISSIONERS June 9, 2015 Patricia Murray Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 PUDLIC WORKS DEPARTMENT Re: HMGP DR-1561-135R Indian River Estates Drainage System Upgrade, Drainage Project Dear Pat: Thank you for the opportunity to speak with you today. Please let this letter serve as a summary of the items that you have requested during our conference call. First I would like to provide a brief summary of the overall project and the work that needs to be corrected. The project consists of roadside swales, drainage inlets, and pipes that will convey stormwater runoff to a previously constructed pump station. The swales were designed to attenuate the maximum flood stages of the design rainfall event, protecting homes and roadways from flooding. This is obtained with wide bottom swales creating storage of the stormwater. Further, the permitted design requires that the project provide water quality treatment prior to discharging into the Savannas' State Preserve. As we have stated in prior discussions the contractor did not provide the required "as -built" drawings necessary for the County to evaluate the construction. In order to evaluate the construction we found it necessary to obtain a consultant to provide the "as-builts". We have recently received and evaluated these drawings. The evaluation of these drawings showed that approximately eight miles of swale were constructed improperly and do not provide adequate storage to meet the design intent. These swales need to be corrected prior to any certification. Secondly, during our conversation you requested that the County identify the dollar amount associated with the defective work that has been reimbursed to the County. As we stated, the County is committed to identifying these costs, however it will take some additional time to come up with this dollar amount. once we have done this analysis we will forward a copy of this information to you. Lastly, the County's request is for a time extension only. There will be no grant funds used towards correcting the defective work. Also, the County is not making any changes to the original design and permitted plans. The County's intent is to correct the defective work to meet the permitted design requirements for certification. CHR15 DZADOV5KY, Disrricr No. 1 • TOD MOWERY. Disrricr No. 2 • PAULA A. LEWIS, Disrr;ct No. 3 • FRANME HUTCHINSON. Disrricr No. 4 • KIM JOHNSON. Disrricr No. v ra Caunry Administrator - Howard N. Tipton 2300 Virginia Avenue • Ft. Pierce, FL 34982 Q Public Works: (772) 462-1485 ■ FAX (772) 462-2362 Engineering Division: (772) 462-1707 • Road G 13rldge Division: (772) 462-2511 • Water Quality Division: (772) 46 www.st[ucieco.org Packet Pg. 304 10.A.c trust this information is useful to you. Please be assured that St. Lucie County remains committed to constructing this project in full conformance to the plans and specifications and in compliance with the grant obligations. Please do not hesitate to contact me if you have any questions. Sincerely, ❑on West, R.E. Public Works Director cc: Howard Tipton, County Administrator Robert Adolphe, Deputy County Administrator Mark SatteHee, Deputy County Administrator Dan McIntyre, Attorney Katherine Barbieri, Assistant Attorney Michael Powley, County Engineer Craig Hauschild, Asst. County Engineer Michael Harvey, Engineering Intern Nicole Fogarty, Legislative Affairs Manager Packet Pg. 305